This document is issued by Bharat Sky Limited ("Bharat Sky", "we", "us", "our"), Company No. 236998, licensed by the Financial Services Commission of Mauritius as an Investment Dealer (Full Service Dealer, excluding Underwriting), Licence No. GB26206475.
Please read these terms carefully. They set out the legal relationship between you and Bharat Sky when you open a trading account.
1. Agreement and acceptance
These Terms and Conditions (the "Agreement") govern the relationship between Bharat Sky and any person who opens an account with us (the "Client", "you"). By completing the account application, ticking the acceptance box or placing an order, you confirm that you have read, understood and agree to be bound by this Agreement, the Risk Disclosure, the Privacy Policy and any product-specific terms published on our website.
If you do not agree to this Agreement, do not open an account or trade with us.
2. About us
Bharat Sky Limited is a private company limited by shares incorporated in the Republic of Mauritius. We hold a Global Business Licence and are authorised by the Financial Services Commission of Mauritius (the "FSC") to act as an Investment Dealer (Full Service Dealer, excluding Underwriting) under the Securities Act 2005.
We provide execution-only services in over-the-counter derivative products, including contracts for difference ("CFDs") and margin foreign exchange contracts, on the MetaTrader 5 platform. We do not provide investment, tax or legal advice.
3. Eligibility
To open an account you must:
- be at least 18 years old, or the age of legal majority in your country of residence if higher;
- not be a resident of a restricted jurisdiction as listed on our website, including the United States, Japan and jurisdictions subject to international sanctions;
- have full legal capacity to enter into a binding agreement;
- be opening the account for your own benefit and not on behalf of any third party, unless we have expressly agreed otherwise in writing.
We may decline any application at our sole discretion and without giving reasons.
4. Account opening and verification
You must provide accurate, complete and current information when applying, and keep it updated. Before your account is fully activated we will verify your identity and residential address in line with our AML and KYC Policy, and we may request further information at any time.
Trading and withdrawals may be restricted until verification is complete. We may close or suspend an account if verification cannot be completed to our satisfaction.
5. Account types and trading conditions
We offer the Basic, Standard, Platinum and Premium account types. The features of each, including spreads, commissions, minimum deposit, available instruments and maximum leverage, are set out on our website and form part of this Agreement.
Maximum leverage is 1:500, and we may reduce leverage on any account or instrument at any time, including around economic news events, at market open or close, or where we consider it necessary to manage risk.
Swap (overnight financing) charges or credits apply to positions held past the daily rollover. We do not currently offer swap-free accounts.
Demo accounts are provided for practice and education only. Demo results are not indicative of live trading results.
6. Execution of orders
We act as principal and are the counterparty to every trade you place. We are not acting as your agent, broker or fiduciary.
Orders are executed on a best-efforts basis at the prices available on our platform at the time of execution. Prices may move between the time you place an order and the time it is executed, and the executed price may be better or worse than requested ("slippage"). Stop orders are not guaranteed and may be filled at a different price in fast or gapping markets.
We may refuse to execute an order, cancel an order, or reverse a trade where we reasonably believe there has been a pricing error, a technical failure, market abuse, or a breach of this Agreement.
7. Margin, stop-out and negative balance protection
You must maintain sufficient margin in your account to support your open positions. If your equity falls below the margin call level shown on our website, we will notify you through the platform. If it falls to the stop-out level, positions will be closed automatically, starting with the largest losing position, without further notice.
It is your responsibility to monitor your account at all times. We are not obliged to issue a margin call before closing positions.
We apply negative balance protection to retail clients: if your account balance goes below zero as a result of trading losses, we will reset it to zero. This protection does not apply where losses arise from market abuse, fraud or a breach of this Agreement.
8. Deposits and withdrawals
You may fund your account using the payment methods listed on our website. We accept funds only from accounts, cards or wallets held in your own name. Deposits from third parties will be returned to source.
You may request a withdrawal of any free balance on your account through the client area. Free balance means your equity less the margin required for your open positions.
Withdrawals are paid to the same account, card or wallet from which the funds were deposited, in the same currency where possible, in line with anti-money laundering requirements. Trading profits above the amount deposited may be paid by bank transfer at our discretion. We may refuse to send funds to any account we believe is not held in your name.
All withdrawal requests are subject to our review and approval. We will process approved withdrawals as soon as reasonably practicable. The time for funds to reach you depends on the payment method and on your bank or payment provider, and we are not liable for delays caused by them.
We may delay, restrict or refuse a withdrawal, in whole or in part, where:
- it would leave your account below the margin required for your open positions, or could result in a negative balance;
- verification of your identity, source of funds or source of wealth is incomplete, or we have requested further information that has not been provided;
- the account is subject to a chargeback, dispute or investigation;
- we reasonably suspect fraud, market abuse, money laundering or a breach of this Agreement;
- market volatility, scheduled news or liquidity conditions could materially affect your open positions or margin level; or
- we are required to do so by law, regulation or a competent authority.
A single withdrawal request may be paid in more than one transaction. We do not charge withdrawal fees, but your bank, card issuer or payment gateway may apply charges under their own terms. We cannot recall a payment once sent, and we are not liable for loss arising from incorrect account details provided by you.
9. Client money
Client funds are held separately from the company's own funds in segregated client accounts with regulated banking and payment institutions. Client money is not used for our operational purposes. Interest is not paid on client money unless we agree otherwise in writing.
10. Fees and charges
Our spreads, commissions, swap rates and any other charges are published on our website and on the platform. We may change our fees on reasonable notice, or without notice where the change results from market conditions.
You are responsible for any taxes arising from your trading activity.
11. Platform and technology
The MetaTrader 5 platform is licensed from a third-party provider. We do not guarantee that the platform will be available without interruption or error. You are responsible for your own hardware, software and internet connection, and for keeping your login credentials secure. Any trade placed using your credentials is deemed to have been placed by you.
Expert advisors, copy-trading tools and automated strategies are used at your own risk. We may restrict their use where they degrade platform performance or are used abusively.
12. Prohibited conduct
You must not:
- engage in arbitrage that exploits pricing latency, off-market quotes or platform errors;
- trade in a coordinated manner across accounts to exploit bonuses, negative balance protection or promotional terms;
- use our services for any unlawful purpose, including money laundering or terrorist financing;
- open accounts using false, borrowed or stolen identities;
- reverse-engineer, scrape or interfere with our systems.
Where we reasonably believe you have breached this section we may cancel affected trades, adjust your account, withhold profits arising from the breach, and close your account.
13. Education and content
The Bharat Sky Academy, blog, market news and all other educational content are provided for general information only. They do not constitute investment advice or a recommendation to trade, and they do not take into account your personal circumstances. Any decision to trade is yours alone.
14. Communications
We will communicate with you by email, through the client area or through the platform. You agree to receive notices, statements and confirmations electronically. It is your responsibility to check these regularly. Our support desk is available at support@bhaaratsky.com.
15. Dormant and inactive accounts
An account with no trading activity, deposits or withdrawals for 90 consecutive days will be treated as dormant. We do not charge an inactivity or dormancy fee. Dormant accounts may be archived from the trading platform, and we may require you to complete a fresh verification before reactivating the account. Any balance in a dormant account remains yours and is available for withdrawal on request, subject to verification.
16. Limitation of liability
To the fullest extent permitted by law, we are not liable for any loss arising from market movements, slippage, platform or connectivity failure, delayed or failed order execution, reliance on educational content, acts of third-party providers, or events outside our reasonable control. Nothing in this Agreement excludes liability for fraud or for any liability that cannot be excluded by law.
You indemnify us against any loss, cost or claim arising from your breach of this Agreement or misuse of our services.
17. Termination
You may close your account at any time by written notice, once all positions are closed and any balance withdrawn. We may suspend or terminate your account on written notice, or immediately where required by law, regulation or the FSC, or where you have breached this Agreement.
On termination, open positions may be closed at prevailing market prices and any remaining balance returned to you, less any amounts owed to us.
18. Complaints
If you are unhappy with our service, please follow the process in our Complaints Policy. Complaints should be sent to support@bhaaratsky.com. If you remain dissatisfied after our final response you may refer the matter to the Financial Services Commission of Mauritius.
19. Amendments
We may amend this Agreement from time to time. Material changes will be notified to you by email or through the client area at least 10 business days before they take effect, except where a change is required by law, regulation or the FSC, in which case it may take effect immediately. Your continued use of our services after the effective date constitutes acceptance of the amended Agreement.
20. Governing law and jurisdiction
This Agreement is governed by the laws of the Republic of Mauritius. Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Mauritius, without prejudice to your right to refer a complaint to the FSC.
21. General
If any part of this Agreement is found to be unenforceable, the remainder continues in force. Our failure to enforce any right is not a waiver of that right. You may not assign your rights under this Agreement; we may assign ours to an affiliate or successor on notice to you. This Agreement, together with the documents referred to in it, is the entire agreement between us.
