Terms of Service for Cosmos Stacks

THE COSMOS STACKS TERMS OF SERVICE PERTAINING TO STACKS ARE SUPPLEMENTARY TO THE USER AGREEMENT AND STOCKAL’S GENERAL TERMS OF SERVICE. YOU ARE ADVISED TO READ THIS IN CONJUNCTION WITH THE USER AGREEMENT AND THE TERMS OF SERVICE 

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”, or “Platform”), 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  customer.support@cosmoscapital.in.

For the purposes of this Cosmos Stacks Terms of Service:

1. Borderless shall mean the platform, application, products and services which are owned by Borderless Investing Inc. and its subsidiaries and affiliates (hereinafter “Borderless Investing”), a company incorporated under the laws of the United States and having its office at 919 North Market Street, Suite 950, City of Wilmington, County of New Castle, Delaware 19801, United States of America;

2. Cosmos shall mean Cosmos Capital Pvt. Ltd., a company incorporated under the laws of India, having its office at 711-713, Tower A, 7th Floor, Carlton Towers, Old Airport Road, Kodihalli Bangalore - 560038;

3. ‘AUM’ shall mean Assets Under Management;

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

5. By using the services provided through this website or application, you shall be deemed to have accepted the Terms and Conditions herein, including the amended terms and conditions published from time to time.

1. You are aware and accept that Cosmos owns, protects and secures all information, content, materials, and products on the application.

2. Except for your own personal and non-commercial use, you agree not to 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, or services available from or through the application.

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

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

5. You understand and accept that not all the products and services offered on this application are available in all geographic areas, and you may not be eligible for and/or legally entitled to all the products or services offered by Cosmos on the application. Cosmos also reserves the right to determine the availability and eligibility for any product or service offered on the application.

6. You understand and accept that Cosmos is not responsible for the availability of content or other services on third-party sites linked to the application. You are aware that access of hyperlinks to other internet sites is at your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by Cosmos in any way. Cosmos 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 with respect to any information or services or products that are available or advertised or sold through these third-party platforms.

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

7. The Stack Portfolio and/or the investments related to and incidental thereto are subject to the inherent risks of online trading, including those relating to system response and access times, which may be affected by various factors, including but not limited to market conditions and system performance. You should understand such risks before accessing the Stack Portfolio and trading.

8. Additionally, by using the application or services of Cosmos you confirm and agree that:

1. You understand that investments are subject to market risks and that you can lose up to and all of your investments. You understand that for market investments, an ideal holding period may be more than 5 years but at least 3 years. You also have adequate insurance coverage.

2. You take complete responsibility and liability for your investments, and your investment decision is not influenced by any promise of returns whatsoever.

3. You shall at all times keep adequate liquidity in your operative account.

4. You confirm that you have considered all your investments across all asset classes while deciding to invest in the Stack Portfolio. You also reconfirm that after allocating money to these strategies, you continue to adhere to the asset allocation plan as per your risk profile.

5. Cosmos reserves the right to change your Stack Portfolio at its sole discretion, which may result in additions, removals, or modifications to your Stack Portfolio.

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

7. Upon placing a buy or sell of your Stack Portfolio, it will not be cancelled once placed.

9. Limitation of Liability, Indemnity, and Warranty
   In no event shall Cosmos or its affiliates be liable to You for any loss or damage that may cause or arise from or in relation to these Cosmos Stacks Terms of Service or due to the use of this application or due to investments made using this application, including the Stacks Portfolio, and all other investments related or incidental thereto. You agree to indemnify Cosmos and its affiliates, its directors, employees, agents, representatives and advisors 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/or 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 Cosmos while using this application (including for the purposes of carrying out investments) shall be correct, accurate and genuine. Further, you shall be solely responsible for any investment decision taken by you in respect of the Stack Portfolio, and all other investments related or incidental thereto, and Cosmos shall not be liable for any loss or damage caused to you or other users of this application due to such investment decision, or any kind of reliance upon it.
   
   

10. Fees

1. AUM fees may be calculated on a periodic basis which shall be accordingly notified to you.

2. AUM fees will be deducted from the amount invested by you and allocated in your Stack Portfolio.

3. The subscription fees may include asset management fees and charges, which will be collected by Borderless Investing. 

4. In addition to subscription fees, you may incur brokerage fees related to the number of times you place trades, the number of units of securities purchased, and/or the total amount of assets being traded. Borderless Investing will collect such fees.

5. You shall be solely responsible for your Account and assume financial responsibility with respect to all transactions in your Account, your investment decisions, payments for the Service, Fees and Securities and Other Assets purchased. You shall be responsible for all debits, costs, commissions and losses arising from any actions Borderless Investing, its agent and 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 in addition to the above charges as per the actuals.
   
   

11. Termination

Cosmos may, in its sole discretion, terminate this Agreement, on any grounds, including if you fail to comply with any term of this Agreement or Terms of Service or User Agreement or have not paid any fees that are due and payable to Cosmos 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 the Licensed Service (as defined in the Borderless User Agreement).

12. 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.

13. Disclaimer

1. Cosmos does not advise nor act as an agent or broker for investment opportunities. You understand and acknowledge that Cosmos provides no tax, legal, or investment advice or offer advice of any kind, nor does Cosmos 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, Cosmos 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 Cosmos, 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 making an investment 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, or resident or subject to, and also, complying with the laws of the countries in which you and Cosmos are incorporated.