By clicking the checkbox or by accessing the website, web services or third party you acknowledge agreeing that you have read all the terms & condition, you understand all of these, and you agree to be bound by this agreement, then only you are eligible to use our websites and its services. If you accept this agreement as a company or a legal entity then your company is bound to follow whatever described in the agreement, in such cases; “customer”, “your” and “you” refer and apply for that particular company and other legal bodies.
The service provider has all the rights reserved to modify, suspend or terminate the site, website, data and third-party data at any time without giving prior notice in advance. It there is anything modification like that then the provider will notify you on his website with the date mentioned date on which update is being made. If you still continue to access the site, use data, third party data and other web services, you automatically agree to be bound by the modifications made in the agreement. If you don’t agree with the modifications made, you need to stop accessing the services provided by the providers.
You are required to register by creating an account to access the site, website, data, third party data and all other web services. For the registration, you need to provide some information that has to be correct and accurate and also, if there is any change in the information by the time, you need to update us. On finding any discretion wrong, incomplete or inaccurate information, the provider is eligible to terminate the account. You are solely responsible to protect your password and you must not share your password with anyone other than you. You are completely responsible for any actions taken under your account whether the actions are performed by you or not. You are requested to report to the provider immediately if you find any of the action is not performed by you.
The terms and condition of the agreement are subject to the customer’s compliance which is given under the license. It says that the access to the web services, data, third party data, site and website are limited, non-transferable, non-exclusive and must be used for the business purpose only. Customer’s access to and using the site and website services are governed by this agreement. The user has to acknowledge and agree to the agreement, although the user doesn’t have any access or rights to the site and website.
As mentioned in the customer’s compliance of terms and conditions, the customer can access to website, site, web services, data and third-party data for its personal purposes and these services are not transferable and non-exclusive. The third party may demand an extra license to access data from that party; it is up to the third party license. The client may remain to abstain from the portion of data that requires a license to access if the client doesn’t obtain the required license. The provider may assist the user to obtain a required license, it depends on them completely otherwise, the customer is solely responsible for obtaining required licensee from all the third party if they demand to access their services.
The limited rights granted in the agreement are acknowledged by the customer, this means that customer understands that the data, third party data, web services, site and website accesses are proprietary in nature in regard of the provider. The services such as third-party data, data, access to the site, website and development provided must be used as described herein.
The material used on the website or to transfer to the customer such as images, audios, videos, logos, graphics, photographs, illustrations, images, text, software, patent trademarks, copyrights, service marks, data, third party data, web services, each and all proprietary rights related thereto are absolute property of TIBRIX and its licensors. Except as explicitly provided in the agreement, nothing from the agreement must be considered to make any license or intellectual property rights and also you agree not to copy, edit, modify, reproduce, adapt or create derivatives, transmit, distribute, sell, rent, publicly demo, perform, publish from the accessible services or material provided to you. Use of TIBRIX material or historical data for the purposes, not mentioned in the agreement, is stringently prohibited. Historical data of TIBRIX are prepared in a unique manner and none of its clients can distribute it further without any written having the approved permission in written by us for doing so.
If the customer is found in doing activities which are strictly unpermitted, he may lose his membership from TIBRIX and will not be able to access any services provided by us. Also, any legal action a can be taken against them.
The user can use the web services solely with any software application which is licensed or owned by the customer. The customer is not allowed to use, adapt, rectify, redistribute, sell or sublicense or make available the web services by the customer for which he has not got the license. No party can attempt to access or harm other party’s non-public areas of their website, computer or technical systems. And also, not party is allowed to probe, scan, breach other party web services or test any vulnerability related to the websites, network for the purpose of gauging the party’s authentication and security.
A customer is allowed to use the data for any software application whereas he is not permitted to change, edit, rectify, redistribute, sell or sublicense any part of the data and third-party data in exchanging any form of data to their customers, partners, vendors, contractors and to the general public. For example, public, partner website and EDI applications and vendor extranets, etc. Customer may store the data and third-party data to use within different software application if and only if the data owners allow. But data and third-party data cannot be used to use between distinct software applications and made available to use in any form of data exchange for the sake distributing data among the software applications. Otherwise, the customer is solely responsible for all the activities of the customer through its use of web services.
A customer acknowledges that the web services usage by the customer depends on the access of the telecommunications and internet services. It is customer’s responsibility to maintain all the internet connection, telecommunication services and other software & hardware to access the site, website and other web services that include without limitation, any and all costs, fees, expenses and taxes or any other thing related to mention above.
The agreement comes into immediate effect when you click the button “I agree or ‘I accept’. The time you clicked this, your first free trial for thirty days get started and you are bound to abide by the terms and condition mentioned in the agreement. The agreement shall renew on the date of buying i.e., when you start your first subscription after free trial if any of the subscription plan you have chosen to continue to access the site and website. Whenever a new term starts, the agreement gets renewed every time. The initial term that is the thirty days free trial, your first subscription for any specific time period as chosen by you or other subscription that you choose in future are defined as a ‘Term’. You will be accessing the services on either on your first trial or on your any of your subscription unless and until we receive any electronic mail or application to remove you from the access of the services we provide.
Any of the two-party, either provider or customer may terminate this agreement at any point in time during the free trial. When one has to commence for the termination of the agreement after the start date of the subscription, he/she may do so without any reason by electronic mail before the date of renewal of the subscription purchase date at least prior to the thirty days of each new term.If the provider due to any reasons say, loss of license and is unable to provide the data and third-party data and access to other web services, then the customer has right to terminate the subscription and he will be refunded the amount he has paid at the time of purchasing the subscription as discussed below for the services, the customer couldn’t use.
Definitions section and its provision by its nature must be survived and any modification to the mentioned before in the agreement will survive any termination and expiration.
The provider will provide the customer support its clients related to the web services according to the provisions of the customer plan chose by the customer. Customer support may provide following services: A. Assistance in order to give the proper use or access to the web services. B. Programming to rectify any errors in the web services that are mandatory to enable the services according to the services plan mentioned in the support plan.
As soon as the update in the agreement becomes available t the provider, he/she shares with the customer. Customer will acknowledge that the additional subscription fee may be charged by the provider for updating the services and the provider has complete right to identify which subscription plan needs to be charged more according to the update made. The provider acknowledges that the customer has sole discretion to identify the services which are being used by him /her he is using is subject to update and he is being charged for that only. Customer should determine to use the update requiring an additional subscription fee for the customer’s use of web services A. as described in the selected subscription plan chosen by the customer via site in order to purchase the web services, access to the data, third party data B. Negotiating between the customer and the provider by generating the addendum to the agreement. Provider understands and agrees that the customer has used the available resources to him/her to avail the web services.
Thereby the partied agree to abide by the law and policies of local govt., state, national, and international regularities that includes laws pertaining to the transmission of privacy-related, technical, encrypted form of data, software or technology, permissible rules of intellectual property or transmission of or the offensiveness.
Any delay in provisions or performance of the agreement because of the conditions that are beyond control will not be considered a breach unless the provider takes the reasonable action or notify in written on time for the delay and perform in accordance with the terms and conditions notwithstanding in such scenario in the agreement. The delay in performance or in the provision of the agreement is considered for the duration of the condition beyond control. Such conditions include, but are not restricted to natural calamities, acts of Terrorism, the act of God, riots, major power or network failure, fires and acts of war.
Web services comprise the software programs, interfaces, web pages that run on computers and are hosted on the site of the provider or the third party provider. These services are accessible from the internet as mentioned in the agreement. “Data” means the prices and other data of the market that is A. owned by the provider or B. Obtained by the provider from the different exchanges and other sources provided to the customer through the web services as described in the agreement. Third party data means the price and other market data that is not owned by the provider and is obtained from different exchanges and other sources delivered to the customer as mentioned on the site and the agreement. Data Owner – means the legal entity that owns or has some proprietary rights on the data, third party data or has the license for the original source to gather the data, third party data that I not available publically. In case of third party data, the provider reserves all rights towards through the protected redistribution agreement with the data owner. “Data Exchange Format” refers to the electronic form of data or third party data that is used for sharing data and third-party data among the software applications That includes but not confides to database access (for example, ODBC), application programming interface (API), any data format file (e.g., CSV, XLS, etc.) and any network transmission format file (e.g., XML, EDI, SOAP, RSS, etc.). The provider has all the rights to see whether an electronic form of data or third party data contains Data Exchange Format. “Distinct application software” means the automated software that is customized or specifically designed for different customers for their products, services or functions. The provider has all the rights reserved with him/her to identify that the software application which uses data and third-party data contains the distinct software application or not. “Subscription Plan” – refers to the usage of web services, data and third-party data according to the customer needs, these are categorized by the provider. There may be different subscription plan as per the provider choice and they may vary from time to time. The currently available subscription plan can be subscribed from www.TIBRIX.com. “Support Plan”-means the support provided to the customer relating to the services that are selected by the customer in order to purchase the access to the website, site, data and third-party data. The available support pans can be accessed from the site. The provider decides the support plan based on the level of services provided by each support plan; they might also update by the time.
The providers agrees to indemnify, settle or hold back its customers, employees, officers and directors against all the liabilities, damages, losses, or expenses (including Attorney and court fee or cost) with respect to any third party claiming data , third party data, web services, site and website and misappropriating any rights towards intellectual property of any third party, only up to the extent of damages, losses or expenses as an output of using web services, under the scope of the agreement, given that the customer doesn’t take any action regarding guilt against the provider unless it is prior written approval from the provider. And also, provided that the customer gives the provider A. Written claim’s notificationB. complete control and authority over the settlement or defense thereof, C. all available information, assistance that is reasonable and authority that must be reasonable to defend or settle any such action or claim. “Intellectual Property Rights” with reference to this section include without restriction to any patent, trademark, service mark, trade dress, trade secret, trade name, service name, slogan, title, proprietary process or anything related to the intellectual property right.
The customer agrees to indemnify, settle or hold back its provider, employees, officers and directors against all the liabilities, damages, losses, or expenses (including Attorney and court fee or cost) with respect to any third party claiming data , third party d ata, web services, site and website and misappropriating any rights towards intellectual property of any third party, only up to the extent of damages, losses or expenses as an output of using web services, under the scope of the agreement, given that the provider doesn’t file any guilt against the provider unless it is prior written approval from the provider. And also, provided that the provider gives the customer A. Written notifying the claim B. complete control and authority over the settlement or defense thereof, C. all available information, assistance that is reasonable and authority that must be reasonable to defend or settle any such action or claim.
The provider doesn’t give any warranty with respect to any data, third party data and any other information obtained or bought via the provider site and website, or the accuracy, truthfulness, timeliness or reliability of any data, third party data or any other information collected from the provider’s site and website.
The customer and the provider should stick to the terms & conditions mentioned and updated from time to time in the agreement respect to the support, access of the site, website, data, third party data and other web services. The amended terms and condition in the agreement described here in the agreement supersede the other prior agreement and both the parties are required to consider and stick to the amended one.
The provider and his/her respective affiliates shall not consider a default action or is liable to the delay, interruption in services and failure in performance resulting indirectly or indirectly from the acts of civil disturbance, war, terrorism, fire, strikes or the Supreme Power, or any other catastrophe, disconnection or service failure of internet or telecommunication or anything beyond its control.
Neither party without any prior written consent may assign this agreement unless and until any acquisition or merger of either party.
No waiver shall operate by default by either of the party in regard to any provision or performance of the agreement or future default whether or like of a distinct character.
If any little portion of the agreement is invalid, unenforceable or illegal, rest of the agreement except that part will remain valid, enforceable and legal.
This agreement never interprets to create any relationship such as partnership, a joint venture between the two parties. No party has the right to bind other party or obligate anything on others behalf without getting any consent in writing.
This agreement is confided only to benefit the signatory authorities exclusively. It is enforced by the parties to this agreement.
Either of the party can send notice to each other by email, certified mail or fax. The provider will notify the customer via email to their provided email address at the time of registration. A customer can notify the provider via sending email to “TIBRIX”. For any further query, you can connect with us through TIBRIX support or TIBRIX Slack chat.