Disclaimer and Terms of Use

TripleInt Option Trading System is a proprietary software product fully owned by TripleInt. This Terms and Conditions is applicable to the subscription to the TripleInt Option Trading System, hereinafter referred to as TOTS, and the access to www.tripleint.com, the account created in it and the access to the content in the web pages which are owned, operated and maintained by TripleInt.

The Client of TripleInt understands and acknowledges that the account in TripleInt, the username and password is confidential and the Client is responsible for keeping the credentials secure. The client is solely responsible for any login using the clients username and password, configuration changes and the TOTS profits and losses that arise due to these changes.

The Client understands that RKSV Securities Ltd., is the owner of Upstox and TripleInt and RKSV Securities are independent entities with a AP relationship.
The client agrees to keep the broking account with Upstox active and agrees to comply with any requirement by the regulatory bodies and RKSV Securities, for the Clients account with Upstox.
The Client also agrees that the account opened with Upstox is for the sole use of TOTS and any other trades that may overlap with TOTS trades will not be taken up in the Upstox account.
The Client acknowledges that he is fully aware of and understands the risks associated with availing of TOTS services through internet including the risk of misuse and unauthorised use of his Username and/or Password by a third party and the risk of a person hacking into the Client’s account on TripleInt and unauthorisedly routing orders on behalf of the Client through the Upstox broking account of the Client. The Client agrees that he shall be fully liable and responsible for any and all unauthorised use and misuse of his Password and/or Username and also for any and all acts done by any person through TOTS on the Client’s Username in any manner whatsoever.
The Client also acknowledges that he is fully aware and understands the risks associated with trading in Options using TOTS and is competent enough to change TOTS configurations to suit the risk profile.
The Client also understands and acknowledges that APIs of Upstox is an integral part of the functioning of TOTS and takes full responsibility to keep the APIs active for TOTS to deliver services

    Orders

All orders for purchase, sale of Options routed by TOTS through the Upstox Developer API services of the Client using the Client’s Username shall be deemed to have been given by the Client.
TripleInt shall not be liable for any delay in the execution of any order placed with Upstox and is not liable for any API related issues due to which the orders do not get executed or for any resultant loss on account of the delay or non execution.
In case of a market order, the Client agrees that he will receive the price at which his order is executed by the exchange’s computer system; and such price may be different from the price at which the security is trading when his order is entered into by TOTS with Upstox.
TripleInt shall issue trade updates on the Telegram Channel. The Client agrees that TripleInt shall not be responsible for any non-receipt of the updates due to any reason whatsoever. Client is aware that it is his responsibility to review the trade confirmation, contract notes and bills of statements, margin reports received directly from Upstox and TripleInt shall not be responsible for any non-receipt of these due to any reason whatsoever.
The Client is aware and acknowledges that trading over the internet involves many uncertain factors and complex hardware, software, systems, communication lines, peripherals, etc., which are susceptible to interruptions and dislocations; and the TOTS Service of TripleInt may at any time be unavailable without further notice. TripleInt and the brokerage / Exchange do not make any representation or warranty that the TOTS Service of TripleInt will be available to the Client at all times without any interruption. The Client agrees that he shall not have any claim against the Brokerage / Exchange or TripleInt on account of any suspension, interruption, non-availability or malfunctioning of the TOTS Service of TripleInt or the Brokerage / Exchange’s service or systems for any reason whatsoever.
The Client/s agree to indemnify and hold TripleInt harmless against any loss that may be suffered by it, its customers or a third party or any claim or action that may be initiated by a third party which is in any way the result of improper use of user ID and password by the Client/s or by improper use of TOTS.

    Fees and brokerage

The Client agrees to pay to TripleInt the subscription charges, any other charges and applicable GST and other taxes as they exist from time to time and as they apply to the Client’s account, and the services that he receives from TripleInt.

A schedule of brokerage, fees and commissions, applicable service and other taxes and other transaction expenses shall be provided by TripleInt to the Client from time to time upon request by the Client.

    Miscellaneous

TripleInt does not warrant that the TOTS service will be uninterrupted or error-free. The service is provided in an “as is” and “as available” basis without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose. The client agrees that TripleInt shall not be held responsible for delays in transmission of orders due to breakdown of the system or failure of communication facilities either due to the fault of the systems of TripleInt or of the Brokerage or Exchanges or otherwise or for any other delay beyond the reasonable control of TripleInt due to a breakdown or failure of communication facilities or for any other delay beyond the reasonable control of TripleInt.

All modification to this Agreement shall be made solely at the discretion of TripleInt and shall be intimated to the client by a suitable modification to the terms and conditions or other applicable section on the website or in any other manner.

    Indemnity

In the event of death or insolvency of the client, winding up or liquidation, or their otherwise becoming incapable of receiving and paying for or delivering the subscription to TOTS, TripleInt may close out the transaction of the client and the client or his legal representative shall be liable for any losses, costs and be entitled to any surplus which may result therefrom.

The client is aware that authentication technologies and strict securities measures are required for internet trading through order routed system and undertake to ensure that the password of the client and /or their authorized representatives are not revealed to any third party. The client also agrees to indemnify TripleInt from any loss, injury, claim or any action instituted against TripleInt arising from the misuse of the password by any party.

    Force majeure

TripleInt shall not be responsible for delay or default in the performance of TOTS due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government / regulatory action.

    Severance

In the event of any one or more of the provisions contained in this Agreement becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.

    Refund & cancellation policy

The Refund & Cancellation policy for all payments made towards subscription charges and other fee for TOTS subscription services, or any other TripleInt services is non-refundable.

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