BayFort Capital Stacks Terms of Service

THESE ‘STACKS’ TERMS OF SERVICE ARE SUPPLEMENTARY TO THE USER LICENSE AGREEMENT, POLICIES AND DISCLOSURES ON BORDERLESS.

These terms and conditions (“Stacks Terms of Service”), in conjunction with the User License Agreement, policies, and disclosures on borderless.world (formerly “Stockal”) (hereinafter “Borderless”, “Platform” or “Borderless Investing”), are a binding contract between you and Borderless Group. If you have any questions, comments, or concerns regarding these Stacks Terms of Service, please contact us at customersuccess@stockal.com.

For the purposes of this Stacks Terms of Service:

1. ‘Borderless’ shall mean this website/application/platform that is owned by Borderless Investing Inc., which is a company incorporated under the laws of the United States of America and having its registered office at 919 North Market Street, Suite 950, City of Wilmington, County of New Castle, Delaware 19801, United States of America and its subsidiaries and affiliates (hereinafter and depending on the context, “Borderless Group” or “we” or “us”);

2. ‘Stack Provider’ shall mean Fort Investments (BayFort Capital Stack Provider);

3. ‘AUM’ shall mean Assets Under Management;

4. ‘Stacks Portfolio’ shall mean the basket of securities that you have subscribed to;

5. ‘You’ or ‘your’ shall mean the user who subscribes to the Stacks Portfolio.

6. By using the services provided through Borderless, you shall be deemed to have accepted the Terms and Conditions herein including the amended terms and conditions published from time to time. 

7. You are aware and you accept that all information, content, materials, and products on the application are protected and secured.

8. Except for your own personal and non-commercial use, you agree that you shall not copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through Borderless.

9. You agree that you will not use the application for any purpose that is unlawful or prohibited by these Stacks Terms of Service. You also agree you will not use Borderless in any manner that could damage, disable or impair Borderless or interfere with any other party’s use, legal rights, or enjoyment of Borderless.

10. You acknowledge that the software and hardware underlying Borderless as well as other internet-related software which are required for accessing Borderless are the legal property of either Borderless Group or its respective third-party vendors. The permission given by Borderless Investing to access Borderless will not convey any proprietary or ownership rights in the above software/hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software/hardware underlying Borderless or create any derivative product based on such software/hardware.

11. You understand and accept that not all the products and services offered on Borderless are available in all geographic areas and you may not be eligible for all the products or services offered by Borderless. Borderless Investing reserves the right to determine the availability and eligibility for any product or service offered on the Platform

12. You understand and accept that Borderless Group is not responsible for content availability or other services on third-party sites linked from the Platform. You are aware that access of hyperlinks to other internet sites is at your own risk and the content, accuracy, opinions expressed or any acts or omissions performed therein. Other links provided by these sites are not verified, monitored, or endorsed by Borderless Group in any way. Borderless Investing does not make any warranties and expressly disclaims all warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement concerning any information or services or products that are available or advertised or sold through these third-party platforms.

13. In cases wherein performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Borderless Group shall not be liable for any failure to perform its obligations under these terms and conditions or those applicable specifically to its services/facilities. In such a case, its obligations shall be suspended as long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Borderless Investing, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, epidemic, pandemic,  explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or systems affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, planned or unplanned outages, faults or failures in telecommunication.

14. Borderless is subject to the inherent risks of online trading, including those relating to system response and access times, that may be affected by various factors, including but not limited to market conditions and system performance. You should understand such risks before accessing Borderless and trading. 

15. Additionally, by using Borderless or the services of Borderless Investing, you confirm and agree that:

1. You are 18 years of age or older, and if Borderless Group learns that it has collected personal information from a person below 18 years of age, we will delete that information as quickly as possible and will forthwith notify the relevant authorities should the law so mandate. If you believe that a person is below 18 years of age may have provided us with personal information, please contact us at customersuccess@stockal.com. 

2. You have read and understood the Privacy Policy published on Borderless. The information you provide when you register on Borderless is true and correct. If your information is not accessible online and you wish to change or delete your personal information or other information that you may have provided, please contact us immediately at customersuccess@stockal.com. 

3. Borderless Investing may contact you by telephone (fixed or mobile), electronic mail, SMS/text, instant messaging, or any other form of electronic communication concerning your registration and transactions. You can always opt to stop receiving non-transactional communications by writing to customersuccess@stockal.com. 

4. You understand that the investments are subject to market risks, potentially the complete loss of your investments. You are encouraged to protect your trading activities and investments with adequate insurance.

5. You take complete responsibility and liability for your investments, and any promise of returns whatsoever does not influence your investment decision. 

6. You shall always maintain adequate liquidity in your operative account. 

7. Borderless Investing reserves the right to change your Stacks Portfolio at its sole determination, which may result in additions, removals, or modifications to the portfolio. 

8. The percentage of profit and loss in your Stacks Portfolio is calculated on the net amount invested after deducting AUM fees. 

9. Upon you placing a buy or sell of your Stacks Portfolio, it will not be cancelled once placed. 

16. Limitation of Liability, Indemnity, and Warranty

In no event shall Borderless Investing or its affiliates be liable to you for any loss or damage that may be caused or arise from or be concerning these terms and conditions; due to the use of or investments made using Borderless; general trading/market losses. You agree to indemnify Borderless Investing and its affiliates, its directors and employees for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to non-performance and non-observance of the duties and obligations under these terms and conditions or due to your acts or omissions. You warrant that all the details and information provided by you to Borderless Investing while using the Platform (including to carry out investments) shall be correct, accurate and genuine. Further, you shall be solely responsible for any investment decision taken by you on Borderless. Borderless Investing shall not be liable for any loss or damage caused to you or other users of Borderless due to such investment decisions, or any reliance upon it. 

17. Fees

1. AUM fees may be calculated periodically, which shall be accordingly notified. 

2. AUM fees will be deducted from the amount you invested and allocated to your Stacks Portfolio.

3. The subscription fees may include asset management fees, which Borderless Investing will collect.

4. Additional subscription fees, which you may incur from time to time, brokerage fees related to the number of times you place the trades, the number of units of securities purchased and the total amount of assets being traded will be collected by Borderless Investing

5. You shall be solely responsible for your account and assume financial responsibility with respect to all transactions in your account including without limitation, your investment decisions, payments for the service, fees for securities and other assets purchased. You shall be responsible for all debits, costs, commissions and losses arising from any actions Borderless Investing, its agents, partners must take to liquidate or close transactions in your account, or from your failure to make timely good delivery of securities.

6. All fees are excluding taxes and levies. Service tax and other taxes and levies are charged separately and in addition to the charges described above at actuals. 

7. Fee tariffs are subject to change or revision and shall be notified at the earliest practicable opportunity. 

18. Termination

Borderless Investing may terminate this agreement with you if you fail to comply with any term of this Stacks Terms of Service, User License Agreement, Borderless policies, and disclosures or have not paid any fees that are due and payable to Borderless Group or partners or upon the occurrence of you being unable to pay your debts or are insolvent or deemed to be insolvent or if a receiver is appointed in respect of any of your assets. In the event of termination, you must not attempt to access or make any copies of Borderless nor shall you make
any attempt to replicate or retain any part of or content associated with Borderless.

19. Governing Law, Arbitration and Jurisdiction

1. The validity, interpretation, construction, performance, enforcement, and remedies of or relating to this Agreement, and the rights and obligations of the parties to this Agreement, or in connection with the performance or non-performance of the service shall be governed and construed in all respects by the substantive laws of the Republic of India without regard to conflict of law principles and courts in Bangalore, Karnataka, India shall have exclusive jurisdiction.

2. If any dispute arises hereto during the subsistence or thereafter, in connection with or arising out of this Agreement, the dispute shall be referred to arbitration under the rules of the Indian Arbitration and Conciliation Act, 1996 and any subsequent amendments or re-enactments. Arbitration shall be held in Bangalore, Karnataka and conducted in English.

3. Notwithstanding the aforesaid, Borderless Investing shall have the right, at its sole discretion, to approach a court of competent jurisdiction to seek equitable relief or any other appropriate redress not restricted to Arbitration.

20. Disclaimer

1. Borderless Investing does not advise nor act as an agent or broker for investment opportunities. You understand and acknowledge that Borderless Group does not provide tax, legal, or investment advice of any kind, nor does Borderless Investing give advice or offer opinions with respect to the nature, potential value, or suitability of any securities transaction or investment strategy in your account. You will not hold, nor seek to hold, Borderless Investing or any of its officers, directors, employees, agents, subsidiaries or affiliates liable for any trading or other investment losses incurred in your account.

2. You agree and understand that the Stack Provider, Borderless Investing, its affiliates, and their respective directors, employees, agents and advisors may have investments in various securities from time to time, and such conflicts of interest would be inherent when investing in such securities. It is intended for such conflicts to be managed primarily by complying with the laws applicable in the jurisdiction in which the aforementioned persons are investing, and also, complying with the laws of the countries in which you and Borderless Investing are incorporated.

3. Stack Provider does not advise nor act as an agent or broker for the investment opportunities. You understand and acknowledge that the Stack Provider does not provide tax, legal, financial planning, risk profiling or investment advice of any kind, nor does the Stack Provider give advice or offer opinions with respect to the nature, potential value, or suitability of any securities transaction or investment strategy in your account. You will not hold, nor seek to hold, Stack Provider or any of its officers, directors, employees, agents, subsidiaries or affiliates liable for any trading or other investment losses incurred in your account.

4. The stack has been created by the Stack Provider for Borderless Investing and its affiliates based on certain predefined financial and qualitative criteria and hence may not be suitable for you. The Stack Provider may rebalance the stack periodically which may not be suitable for you.