Terms & Conditions
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These Terms and Conditions ("Terms") are a binding legal agreement between you ("You" or "User") and Grey Sky Capital Private Limited ("Grey Sky,", "Grey Sky Capital", "We," "Us", “Company”).
We are a private limited company registered under the Companies Act, 2013, with our registered office at L1402, Mantri Espana, Outer Ring Road, Bellandur, Bangalore South, Bangalore 560103. We are registered with the Securities and Exchange Board of India (SEBI) as a Portfolio Manager (Registration No. [Insert SEBI Reg. No.]).
These Terms govern your use of our website greysky.capital/greyskycapital.com/greyskycapital.in (the "Site") and, if you are a client, our secure Client Portal (the "Portal").
By accessing or using our Site or Portal, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must avoid using our services.
1. Eligibility
To use our services or register for an account, you must:
- Be over 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872.
- Be eligible to invest in India under applicable laws, including Indian residents and Non-Resident Indians (NRIs) / Persons of Indian Origin (PIOs) subject to FEMA regulations.
- Provide true, accurate, and complete information, and agree to keep it updated.
- Not be a resident of a jurisdiction where our services are prohibited.
2. Our Website Services & Permitted Use
A. General Use & Blog Content
We grant you a limited, non-exclusive, revocable license to access the Site and its public content (including our blog) for informational purposes only.
Important Notice (Not Investment Advice): All content on our Site and Blog is for information and educational purposes only. It does not constitute investment advice, a research report, or a solicitation to buy or sell any security. Any opinions expressed are our own and are subject to change without notice. This content does not form part of our SEBI-mandated Disclosure Document. In compliance with the SEBI Advertising Code, we do not make misleading statements or guarantee returns.
B. Client Portal Services
Registered clients who have executed a Portfolio Management Agreement with us will be given access to our secure Portal. This Portal is a facility that allows you to:
- View your portfolio and investment details.
- Download periodic performance reports, accounting statements, and other documents.
- Submit instructions to us, including requests to partially or fully exit (liquidate) your portfolio, in accordance with your Portfolio Management Agreement.
C. Your Obligations & Prohibited Conduct
- Account Security: You are solely responsible for maintaining the confidentiality of your Portal login credentials (username, password, and any one-time passwords). You are responsible for all activities, instructions, and transactions that occur under your account, whether authorized by you or not. You must notify us immediately of any unauthorized use or security breach.
- Prohibited Conduct: You agree not to:
- Use the Site for any fraudulent, illegal, or unauthorized purpose.
- Post or transmit any material that is defamatory, offensive, or unlawful.
- Use any data-mining, robots, or "scraping" tools to extract data from the Site.
- Reverse engineer, de-compile, or otherwise attempt to discover the source code of our Site or Portal.
3. Client Portal: Transaction & Order Terms
This section applies only to registered clients using the Portal to submit instructions.
A. Nature of the Portal:
You acknowledge that the Client Portal is a facility for submitting instructions to us. It is not an automated real-time trading platform.
B. Cut-Off Timings:
All instructions, including investment, withdrawal, or exit requests, are subject to cut-off timings. Instructions received via the Portal after the designated cut-off time will be processed on the next business day.
C. Execution of Instructions:
We will act on your authenticated instructions on a best-effort basis. However, we shall not be liable for:
- Any delay in processing or execution by third parties (e.g., Custodians, Banks, RTAs, or delays due to market-wide issues).
- Any rejection of your instruction by an Exchange, Bank, or other regulated entity.
- The final price, Net Asset Value (NAV), or value you receive, which is subject to market conditions at the time of execution.
- Any losses incurred from our acting on instructions that were authenticated by your login credentials, which we reasonably believed to be genuine.
D. Portfolio Exit Requests:
A request to "exit portfolio" (in full or part) is an instruction to liquidate assets. The final settlement and credit of funds to your account are subject to the standard market settlement cycle (e.g., T+1, T+2 days) and processing by our partner banks and custodians.
E. Fees and Charges (Regulatory Compliance):
All fees, including management fees, performance fees are charged strictly in accordance with the terms of your Portfolio Management Agreement and the SEBI (Portfolio Managers) Regulations. We confirm that no upfront fees are charged to the client, directly or indirectly. Detailed fee structures and illustrations are available only in the Disclosure Document.
4. Intellectual Property Rights
We (Grey Sky Capital) and our licensors own all rights, title, and interest in the Site, Portal, and all content (logos, text, software, graphics, and trademarks). Your use of the Site grants you no rights to our Intellectual Property.
Client Data Ownership: Notwithstanding the above, You retain all ownership rights to the Personal Data and Sensitive Personal Data or Information you provide to us.
5. Third-Party Links
Our Site may contain links to third-party websites (e.g., regulatory sites, news articles). We are not responsible for, and do not endorse, the content, accuracy, or privacy practices of these external sites. Access them at your own risk.
6. Disclaimers, Risk Warnings, and Limitation of Liability
This section is crucial for your protection and ours.
A. Risk Disclaimers
- Investments in the securities market are subject to market risks. Read all related documents carefully before investing.
- No Guaranteed Returns: We do not promise, guarantee, or indicate any "assured" or "fixed" return on any investment.
- Past Performance: Past performance, whether actual or back-tested, is not an indicator or guarantee of future results.
B. Website Disclaimers
- "As Is" Basis: We provide this Site and Portal on an "as is" and "as available" basis. We do not warrant that the Site will be error-free, secure, uninterrupted, or free from bugs or viruses.
- No Liability for Content: We are not liable for any decisions you make based on the informational content (e.g., blog posts) on our Site.
- Not Investment Advice: The content, including blogs, articles, and market commentary, does not constitute investment advice, a recommendation, or a solicitation to buy or sell any security. Users should seek professional financial advice before making any investment decisions.
- Forward-Looking Statements: Any projections, estimations, or expectations regarding future events or market performance are forward-looking statements. Actual events or results may differ materially.
C. Regulatory Compliance and Disclosure
- Fiduciary Duty: Grey Sky Capital acts in a fiduciary capacity for its clients, managed under the provisions of the SEBI (Portfolio Managers) Regulations, 2020.
- Disclosure Document: All prospective clients are required to read the SEBI-mandated Disclosure Documentcarefully, which outlines the investment strategies, risks, fees, and other material information, prior to entering into an agreement with GSC.
- No Upfront Fees: In accordance with SEBI regulations, GSC confirms that no upfront fees are charged to the client, directly or indirectly.
D. External Links and Security
- External Links: GSC is not responsible for the content, accuracy, or privacy practices of external websites linked from our Site. Access to any third-party links is at the user's own risk.
- Security: While GSC employs robust security measures (as outlined in our Privacy Policy), GSC does not warrant that the website or Client Portal will be entirely free from errors, viruses, or security intrusions, and users assume the risks inherent in using the internet.
E. Limitation of Liability
To the fullest extent permitted by law, Grey Sky Capital (including its directors, employees, and affiliates) will not be liable for any indirect, incidental, special, or consequential damages, including loss of profits or data, arising from your use of, or inability to use, this Site or Portal. Our total liability to you for any and all claims arising from our service is limited to the fees paid by you to us in the preceding three (3) months, or as otherwise specified in your executed Portfolio Management Agreement.
7. Your Responsibility for Our Costs (Indemnity)
You agree to indemnify, defend, and hold harmless Grey Sky Capital and its officers, directors, and employees from and against all claims, damages, losses, costs, and expenses (including legal fees) that arise from:
- Your violation of these Terms.
- Your fraudulent, illegal, or negligent activities.
- Your use of the Site or Portal.
8. Termination or Suspension
We reserve the right to suspend or terminate your access to the Site or Client Portal at any time, without notice, if we, in our sole discretion, believe you have violated these Terms, or for any security, regulatory, or legal reason.
9. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
- Jurisdiction: Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka.
10. Mandatory Disclosures & Grievance Redressal
This section provides critical regulatory information, as mandated by SEBI.
A. Company Information
- Legal Name: Grey Sky Capital Private Limited
- SEBI Registration No.: [Insert SEBI Reg. No.]
- CIN: U64990KA2025PTC201958
- Registered Office: L1402, Mantri Espana, Outer Ring Road, Bellandur, Bangalore South, Bangalore 560103
- Corporate Office: 6th floor, Sakti Statesman, Classic Converge, Outer Ring Rd, Green Glen Layout, Bellandur, Bengaluru, Karnataka 560103.
B. Disclosure Document
Our SEBI-mandated Disclosure Document contains all material information about our firm, services, performance, risk factors, and fees. It is the most important document for any prospective client. This document is updated regularly as per SEBI regulations.
C. Grievance Redressal Mechanism (For Service & Investment Complaints)
- Investment Relation Officer (IRO): Acts as the interface between Portfolio Manager and Client; responsible for grievance redressal.
- Level 1 – Compliance Officer:
Grievances can be sent to grievances@greysky.capital (hard/soft copy). Recorded in a Register of Grievance.
Must be resolved within 21 working days. - Level 2 – SEBI SCORES:
If unresolved/unsatisfactory, complaints can be filed on www.scores.gov.in. - Level 3 – SEBI ODR Portal:
If still unresolved, investors may use https://smartodr.in/login, unless already under SEBI/court/tribunal proceedings.
Investors can also directly approach ODR if resolution is unsatisfactory or timelines are breached.
D. Dispute Resolution
- All disputes arising out of (i) the Agreement or (ii) services by the Portfolio Manager shall first be attempted to be settled amicably. Failing settlement, they shall be referred to a sole arbitrator under the Arbitration and Conciliation Act, 1996 (as amended). Arbitration shall be conducted in Bangalore.
E. Monthly Complaints Data
As required by SEBI, we publish data on all complaints received by us on our website.
11. Miscellaneous
Severability: If any part of these Terms is found to be unenforceable by a court, the remaining parts will continue to be valid and in effect.
Changes to Terms: We may update these Terms at any time. We will notify you of material changes by email or a prominent notice on our Site. Your continued use of the Site after such changes constitutes your acceptance of the new Terms