Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using the services provided by ProfitRiseNow ("we", "us", or "our"), including our website (www.profitrisenow.co.ke) and any related services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you and ProfitRiseNow regarding your use of our services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.

2. Services Description

ProfitRiseNow provides financial advisory and investment management services, including but not limited to:

  • Personal financial planning and wealth management
  • Investment portfolio design and management
  • Business growth consulting and strategic planning
  • Tax planning and optimization services
  • Retirement planning and pension advisory
  • Risk management and insurance planning
  • Educational resources and financial literacy programs

Our services are designed to help individuals and businesses achieve their financial goals through professional guidance and strategic planning.

3. Eligibility and Registration

3.1 Eligibility Requirements

To use our services, you must:

  • Be at least 18 years of age or have legal capacity to enter into contracts
  • Reside in Kenya or be eligible to receive services in Kenya
  • Provide accurate and complete information during registration
  • Comply with all applicable laws and regulations
  • Have the financial capacity to engage in investment activities

3.2 Account Registration

To access certain services, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities under your account

4. Investment Risks and Disclaimers

4.1 Investment Risks

All investments carry inherent risks, including but not limited to:

  • Market Risk: The value of investments may fluctuate due to market conditions
  • Liquidity Risk: Some investments may be difficult to sell quickly
  • Credit Risk: The risk that issuers may default on their obligations
  • Inflation Risk: The purchasing power of returns may be eroded by inflation
  • Currency Risk: Exchange rate fluctuations may affect investment values

4.2 No Guarantee of Returns

We do not guarantee any specific investment returns or outcomes. Past performance is not indicative of future results. Investment decisions should be based on your individual circumstances, risk tolerance, and financial goals.

4.3 Professional Advice

Our services are provided for informational and educational purposes. They should not be considered as financial, legal, or tax advice. We recommend consulting with qualified professionals for specific advice tailored to your situation.

5. Fees and Payment Terms

5.1 Service Fees

Our services are subject to fees as outlined in our service agreements and pricing schedules. Fees may include:

  • Consultation and advisory fees
  • Portfolio management fees
  • Transaction and processing fees
  • Administrative and maintenance fees

5.2 Payment Terms

Payment terms are as follows:

  • Fees are due as specified in your service agreement
  • Late payments may result in service suspension or termination
  • We reserve the right to modify fees with appropriate notice
  • All fees are quoted in Kenyan Shillings (KES) unless otherwise stated

6. Intellectual Property Rights

All content, materials, and intellectual property on our website and in our services are owned by ProfitRiseNow or our licensors. This includes but is not limited to:

  • Text, graphics, logos, and images
  • Software, applications, and technology
  • Financial models, reports, and analyses
  • Trademarks, service marks, and trade names

You may not reproduce, distribute, modify, or create derivative works without our express written consent.

7. User Conduct and Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using our services for illegal or unauthorized purposes
  • Attempting to gain unauthorized access to our systems
  • Interfering with or disrupting our services
  • Transmitting viruses, malware, or harmful code
  • Harassing, abusing, or threatening other users or our staff
  • Providing false or misleading information
  • Violating any applicable laws or regulations

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy. By using our services, you consent to our privacy practices as described in that policy.

9. Limitation of Liability

9.1 General Limitation

To the maximum extent permitted by law, ProfitRiseNow shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or data
  • Business interruption or loss of opportunities
  • Investment losses or missed gains
  • Emotional distress or mental anguish

9.2 Maximum Liability

Our total liability to you for any claims arising from these Terms or our services shall not exceed the amount of fees paid by you in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless ProfitRiseNow, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including legal fees) arising from:

  • Your use of our services
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your provision of false or misleading information

11. Termination

11.1 Termination by You

You may terminate your relationship with us at any time by providing written notice. Termination will be effective upon our receipt of your notice, subject to any outstanding obligations.

11.2 Termination by Us

We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activities
  • Non-payment of fees
  • Regulatory or legal requirements

12. Dispute Resolution

12.1 Informal Resolution

We encourage you to contact us directly to resolve any disputes or concerns. We will make reasonable efforts to address your issues promptly and fairly.

12.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the laws of Kenya. Arbitration shall be conducted in Nairobi, Kenya, and the decision of the arbitrator shall be final and binding.

13. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters and acts of God
  • Government actions and regulatory changes
  • Technical failures and system outages
  • Market disruptions and economic crises

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Kenya. Any legal proceedings arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ProfitRiseNow regarding your use of our services. Any prior agreements or understandings are superseded by these Terms.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

  • Email: [email protected]
  • Phone: +254 700 123 456
  • Address: Westlands Business District, Nairobi, Kenya

18. Updates and Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated to you through:

  • Email notifications to registered users
  • Prominent notices on our website
  • Updates to the "Last updated" date

Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

These Terms of Service are effective as of the date stated above and apply to all users of our services. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.