OF THE PROFITHUB (PTY) LTD WITH REGISTRATION NUMBER 2020/023864/07 (“PROFITHUB”)
The services and/or products offered by ProfitHub are detailed on the Website and are governed by separate terms and conditions, which will be made available to the User on the User’s special instance and request to the ProfitHub.
By proceeding with an online application to ProfitHub on, or through the Website, the ProfitHub accepts that all information and/or documentation provided by the User on, or through the Website to ProfitHub, shall be made available by the User, subject to the following terms and conditions:
1. ONLINE APPLICATION
By providing information and/or documentation to ProfitHub the User gives ProfitHub permission to:
use such information and/or documentation to consider and/or approve the application; and
to provide ProfitHub’s lending partners and/or investors with such information and/or documentation to raise the necessary funds to conclude the transaction; and/or
to provide any of or all the information and/or documentation to ProfitHub’s third-party business partners with similar and/or supportive services to contact the User for furthering the application and/or for providing ancillary services which might assist the User’s application; and
To process such information and/or documentation for, including but not limited to the following reasons: statistical analysis, to develop and improve ProfitHub’s platform, to update ProfitHub’s records, and to contact the User for marketing purposes.
Any individual interacting and/or submitting information on the Website herewith consents to these Terms and agrees and understands that personal and private information provided and not provided (such as IP addresses and browser types) by such party relating to itself, its companies or any other companies or individuals will be collected by ProfitHub as set out herein as if such information was duly authorised to be provided and collected and you agree that ProfitHub cannot and shall not be held liable for any damages (consequential or otherwise) incurred by the User and/or such other party whose information was provided by the User.
2. FINANCIAL INTELLIGENCE CENTRE ACT, NO. 38 OF 2001 (“FICA”)
ProfitHub is, as of 1 March 2023, an accountable institution in terms of item 11(b) of Schedule 1 to FICA and is obligated in terms of FICA to identify, assess, monitor, mitigate and manage the anti-money laundering and counter-terrorist financing risk that we, through our products and/or services may involve. By providing its information and/or documentation to ProfitHub, the User consents to ProfitHub:
assessing same to familiarise ourselves with the identity of the User, nature of business, source of funds, the purpose of application and identify other parties involved in the application; and
verify such information and/or documentation on databases designed for verification purposes, including but not limited to verification against the South African Fraud Prevention Service (“SAFPS”); and
capture and keep safe such information and/or documentation for record-keeping purposes in terms of FICA; and
use the information and/or documentation to submit a report to regulatory institutions such as including but not limited to the Financial Intelligence Centre and/or SAFPS.
ProfitHub shall not be held liable in terms of any of the Laws of the Republic of South Africa if the User when completing the online application and providing ProfitHub with the User’s information and/or documentation the User omits to acknowledge that it is a Domestic Politically Exposed Person, and/or a Foreign Politically Exposed Person and/or a Prominent Influential Person as determined in Schedules 3A, 3B and 3C of FICA.
3. LIABILITY DISCLAIMER
The Website and online application process is set up on an “as is” basis. ProfitHub will not and cannot be held liable for any inaccuracy, error, omission, or misrepresentation contained in the User’s online application.
ProfitHub makes no representations or warranties of any kind whatsoever whether express or implied, as to the operation, accuracy, correctness, or completeness of the content included in the online application process.
Using the Website and/or submitting an online application is done at the User’s discretion and own risk. ProfitHub shall not be held liable, and the User by providing its information and/or documentation to ProfitHub assumes full responsibility for all damage and/or loss resulting from the User’s use of the Website and/or online application process.
ProfitHub provides no warranty whether expressed or implied that any files, downloads, or applications on or through the Website are free of malware but confirms that it has taken all reasonable measures to ensure the integrity of the contents provided on and through the Website.
By using the Website and submitting an online application, the User unconditionally and irrevocably indemnifies and holds ProfitHub harmless against all loss, including but not limited to direct damages, indirect damages, special damages, consequential damages, liability, actions, proceedings, and costs of any kind and arising out of or in connection with any matter directly or indirectly related to the User’s use of the Website.
4. HONESTY, INTEGRITY, AND ACCURACY
By proceeding to the online application and by providing its information and/or documentation to ProfitHub, the User irrevocably and unconditionally confirms:
that it is the authorised representative on behalf of the applicant completing, submitting, and providing same; and
all information provided is truthful; and
the information represents the applicants’ actual financial position, and the applicant can fulfil the responsibilities arising from the application; and
the facts and figures provided in and to the application are current, true, and correct; and
that no judgment(s) has been obtained against the applicant or its directors/members/trustees in the last 5 (five) years; and
neither the applicant nor any of its directors/members/shareholders have been subject to business rescue, provisional or final liquidation or sequestration proceedings in the last 5 (Five) years; and
all documentation provided are true copies of the original and are free of unauthorised alterations and/or amendments; and
any pending instituted litigation against the applicant is disclosed by the User on or through the online application.
All material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, code, and copyright (as well as the organisation and design of the Website together with the underlying software and source code (“the Intellectual Property”) are owned by ProfitHub, its shareholders, associates and/or partners, whether directly or indirectly, and as such, you are prohibited from using, adapting, reselling, purporting to own, modifying same without the express written consent of ProfitHub.
Each term or clause herein and any portion thereof shall be considered severable and if, for any reason term or clause is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form a part hereof and shall not impair the operation of, or have any effect term or clause hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
The laws of South Africa shall govern these terms and any use and/or possible dispute with ProfitHub.