These terms and conditions regulate your use of The Optionbox's Website, located at https://www.theoptionbox.com, and web Application located at https://app.theoptionbox.comTheOptionbox’s mobile application (together, “TOB”), and form a binding legal contract between Optionbox Private Limited (the owner and operator of TOB) and you.
By accessing TOB, you hereby accept these Terms and Conditions, Privacy Policy and any other disclaimers or terms made available on TOB, as may be amended from time to time. Do not continue to use TOB if you do not agree to all of such Terms and Conditions, and Privacy Policy and disclaimers and terms on TOB.
The following terminology applies to these Terms and Conditions and Privacy Policy, unless the context requires otherwise: “Client”, “User” “you” and “your” refers to, any person that uses, accesses, links to, or refers to TOB or the Company. “The Company”, “ourselves”, “we”, “our” and “us”, refers to Optionbox Private Limited, “Party” or “Parties” refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, shall be taken as interchangeable.
We reserve the right to modify these Terms and Conditions, Privacy Policy and disclaimers and terms related to services we provide (“TOB Services”) at any time by posting the same on TOB. We may, at our sole discretion, also notify you of any change or modification in these Terms and Conditions, Privacy Policy, and other terms and disclaimers referred to herein or provided by us, by way of sending an email to your registered email address or posting notifications in your TOB account on TOB. You may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, Privacy Policy, and other terms and disclaimers made available by us. If such options are not exercised by you within the time frame prescribed in the email or notification, you will be deemed to have accepted the modified Terms and Conditions, Privacy Policy, and other terms and disclaimers made available by us. Certain TOB Services being provided on TOB may be subject to additional rules and regulations. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
TOB as well as the design and information contained in this site/application is the valuable, exclusive property of TOB, and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. All information on TOB is the proprietary, confidential property of TOB and cannot be repeated for any reason outside the TOB. You agree not to repeat or rebroadcast in any way any of the information made on TOB for any reason whatsoever. You agree that if you do repeat or re-post any of TOB information by any mean, you will be liable for actual and punitive damages as determined by TOB and additional damages to be determined by an Indian court of Law..
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by TOB prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share TOB, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity unless separately and specifically authorized in writing by TOB prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of TOB without prior written authorization Except as set forth herein, any other use of the information contained in this site/application requires the prior written consent of TOB and may require a separate fee
Neither TOB (including its and their directors, employees, affiliates, agents, representatives, consultants or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, failure to show accurate information/price/calls from third party website, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. TOB shall have no responsibility to provide you access to TOB while interruption of TOB is due to any such cause shall continue.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE/APPLICATION IS AT YOUR SOLE RISK.
THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES, AND SERVICES PRESENTED ON THIS WEBSITE/APPLICATION ARE SOLELY INTENDED FOR DEMONSTRATION PURPOSES, SHOWCASING OUR SOFTWARE DEVELOPMENT CAPABILITIES. THEY ARE NOT INTENDED FOR PUBLIC USE, EDUCATIONAL GUIDANCE, OR INVESTMENT ADVICE. IT IS ACKNOWLEDGED THAT THESE MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES AND ENHANCEMENTS ARE PERIODICALLY INCORPORATED INTO THE CONTENTS HEREIN. TOB AND/OR ITS RESPECTIVE SUPPLIERS RETAIN THE RIGHT TO MAKE IMPROVEMENTS OR ALTERATIONS TO THIS WEBSITE/APPLICATION AT ANY GIVEN TIME. TEMPORARY UNAVAILABILITY OF THIS WEBSITE/APPLICATION MAY OCCUR DUE TO ESSENTIAL MAINTENANCE, TELECOMMUNICATIONS DISRUPTIONS, OR OTHER UNFORESEEN INTERRUPTIONS. TOB (INCLUSIVE OF ITS PROPRIETORS, SUPPLIERS, CONSULTANTS, ADVERTISERS, AFFILIATES, PARTNERS, EMPLOYEES, OR ANY OTHER AFFILIATED ENTITIES, COLLECTIVELY REFERRED TO AS ASSOCIATED ENTITIES HEREIN) SHALL NOT BE HELD LIABLE TO USERS, MEMBERS, OR ANY THIRD PARTIES, SHOULD TOB EXERCISE ITS PREROGATIVE TO MODIFY OR DISCONTINUE ANY OR ALL OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES, AND SERVICES PUBLISHED ON THIS WEBSITE/APPLICATION.
TOB AND/OR ITS RESPECTIVE ASSOCIATED ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES CONTAINED ON THIS WEBSITE/APPLICATION FOR ANY PURPOSE. ALL SUCH CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TOB AND/OR ITS ASSOCIATED ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND AVAILABILITY.
IN NO EVENT SHALL TOB AND/OR ITS ASSOCIATED ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE/APPLICATION OR ANY CONSEQUENCES ARISING OUT OF INFORMATION SUBMITTED BY YOU OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE/APPLICATION, OR FOR ANY CONTENTS, INFORMATION, SOFTWARE, PRODUCTS, FEATURES AND SERVICES OBTAINED THROUGH THIS WEBSITE/APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE/APPLICATION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TOB OR ANY OF ITS ASSOCIATED ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TOB DOES NOT SOLICIT PAYMENTS FROM OUR USERS VIA ANY UNTRUSTED OR THIRD-PARTY CHANNELS. IT IS IMPERATIVE TO VERIFY THE LEGITIMACY OF ANY PAYMENT REQUEST AND REFRAIN FROM MAKING PAYMENTS WITHOUT DUE CONFIRMATION. TOB ASSUMES NO LIABILITY FOR ACTIONS TAKEN AT THE BEHEST OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE SALE OF ANY FEATURES OF TOB'S PORTAL OR ANY OTHER PAYMENT REQUESTS MADE BY THIRD PARTIES WITHOUT THE WRITTEN CONSENT OF TOB
You shall provide and maintain all telephone/internet and other equipment necessary to access TOB, and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access TOB.
You acknowledge that the information provided through TOB is compiled from sources, which are beyond the control of TOB. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and TOB does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, YOU ACKNOWLEDGE THAT TOB IS PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. TOB EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, OF ANY KIND TO THE USERS AND/OR ANY THIRD PARTY, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. IN ADDITION, TOB, IN PROVIDING THE INFORMATION MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY/DERIVATIVE, MARKET PARTICIPANT, OR BROKERAGE. FURTHER, TOB DOES NOT REPRESENT OR WARRANT THAT IT WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS.
Under this User Agreement, you assume all risk of errors and/or omissions in TOB, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of TOB, including the information, and for maintaining any means, which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information under the User Agreement.
YOU AGREE THAT TOB (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE TOB FOR ANY PURPOSE WHATSOEVER. TOB AND IT'S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY IN TORT, CONTRACT, OR OTHERWISE TO USER AND/OR ANY THIRD PARTY.
The links in this site will allow you to leave TOB. The linked sites are not under the control of TOB. TOB has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by TOB of the site. Third party links to TOB shall be governed by a separate agreement..
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS TOB (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, GROUP COMPANIES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) FROM ANY AND ALL CLAIMS AND LOSSES IMPOSED ON, INCURRED BY OR ASSERTED AS A RESULT OF OR RELATED TO: (a) your access and use of TOB (b) any non-compliance by user with the terms and conditions hereof; or (c) any third party actions related to users receipt and use of the information, whether authorized or unauthorized. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in writing signed by TOB./p>
If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of TOB.
If TOB takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including collection of any amounts due hereunder, TOB shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and TOB. By using the Information on TOB, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. TOB does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security/derivative or investment/trading by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment/trading of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, TOB or other of the purchase or sale of securities.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, TOB DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER TOB NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF TOB, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS
This User Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by TOB for any unauthorized access or use by you (b) immediately by TOB if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; (c) immediately, if you violate any of the other terms and conditions of this User Agreement. Termination or cancellation of this Agreement shall not affect any right or relief to which TOB may be entitled, at law or in equity. Upon termination of this User Agreement, all rights granted to you will terminate and revert to TOB. Except as set forth herein, regardless of the reason for cancellation or termination of this User Agreement, the fee charged if any for access to TOB is non-refundable for any reason
The terms of this agreement are exclusively based on and subject to Indian law.
These Terms of Service shall be governed and construed in accordance with the laws of India.
In the event of any and all disputes arising out of, or in connection with, these Terms of Service, the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) or TOB, the party raising the dispute shall provide a written notification to the other party. On receipt of the written notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of notification, the dispute shall be settled by arbitration. The place, venue and seat of arbitration shall be Madhya Pradesh, India. All arbitration proceedings shall be conducted in English and by a sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time, appointed mutually by the parties.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent TOB from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard TOB's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from a court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of TOB to pursue any remedy for monetary damages through the arbitration described herein.