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Spread Betting Terms & Conditions
March 2005
FinancialSpreads.com
is a trading name of London Capital Group Ltd.
Warning
Wins and losses when spread betting can be many times
your original stake. Depending on your bet, the market you
are betting on and the general market condition prevailing
at that time your losses may be unlimited. You should only
bet if you are prepared to accept this degree of risk and
if spread betting matches your investment objectives. The
nature of spread betting makes it a high-risk form of gambling.
We strongly recommend that you read the risk warning notice
that accompanies these terms and conditions and may be found
on our website. Likewise we strongly recommend that if you
are unable to understand any part of either these Terms and
Conditions or the Risk Warning Notice you should contact support@www.FinancialSpreads.com
with your questions before agreeing to them.
Terms and Conditions – General
Please note that Mayfair Financial Services introduces applications
for Spread Betting to
FinancialSpreads.com
which is a trading name of London Capital Group Ltd who are
authorised and regulated by The Financial Services Authority
(FSA). For the purposes of Spread Betting, the contract is
between you and London Capital Group and all dealing, administration
and settlement is carried out by them.
FinancialSpreads.com
is not responsible for any of the functions of London Capital
Group. The terms and conditions agreement does not affect
our obligations to you under the Financial Services and Markets
Act (FSMA 2000) or the rules of the FSA, which will take precedence
in the event of any conflict between them and these Terms,
and Conditions.
The following Terms and Conditions form the agreement, which
governs your contract with us. These terms and conditions
may be altered from time to time by us and by notice to you;
such notice may take the form of an electronic message. If
you do not accept any proposed change in these terms and conditions,
you must inform us. In this circumstance we will reserve the
right to close your account. In this eventuality we will give
you 7 (seven) days notice.
By completing and signing the application form or
by ticking the relevant, ‘I agree’, box online
you are stating that that you agree to said Terms and Conditions.
1.0 Introduction
1.1 These Terms are made between the Client
(you) and us and apply to all bets transacted by you over
the telephone with our authorised dealers or via the internet
over our Online Trading Platform (including any bets placed
by an Authorised Third Party (defined below) or any person
giving the Client's name, account number and/or Password).
1.2 We do not provide investment advice
and none of the information provided on our website or in
any promotional literature should be construed as investment
advice. Any comments or statements made by our employees are
not, in any way, a recommendation to enter into, or close
out, a bet.
2.0 Definitions
2.1 In these terms and conditions (in addition
to expressions defined elsewhere in these Terms) the following
words and expressions shall have the following meanings: -
"Account Balance" is the cash
balance on your account (your account balance does not include
profits or losses on any open bets).
“Margin” means the Margin Requirement
for your Open Bets.
"Application Form" the application
form supplied by us in relation to these terms and conditions.
"Authorised Third Party" a person
authorised by you to initiate trades or close existing trades
using your account, as referred to in paragraph 4.10.
"Bet", "betting", "dealing",
"trading" or other similar words express
a reference to a Client placing a bet or leaving an order
of any description either over the telephone or online.
“Buy”, ”Take”, “Up
Bet”, “Go Long” is defined as making
an Up Bet in any market quoted by us.
“CGSL” - Computer generated stop-loss.
The stop-loss automatically created by the computer against
all open bets.
"Client", "you", “customer”
and "your" a person or company who has
opened an account with us and has agreed to be bound by these
Terms and Conditions.
“
FinancialSpreads.com
Hours”: The times at which we will offer a
quote on a given contract (see Product Information pages).
"
FinancialSpreads.com
Quote"/"Our Quote" as defined in paragraph
10.9.
“Electronic Confirmation Message” an
email or other form of electronic message sent by us to confirm
receipt and acceptance by us of your spread bet contract.
“Expiry Date” means the expiry
date and time of a spread bet contract
"Force Majeure " any event preventing
us from performing any or all of its obligations hereunder
which arises from or is attributable to acts events, accidents
or errors beyond our reasonable control including without
limitation: -
(a) markets that, in our reasonable assessment,
are in an emergency or exceptional state;
(b) any interruption of power supply or
electronic communication or information system or any event
which prevents us from supplying such information in one
or more of the markets in which we would ordinarily quote;
(c) the suspension or closure of any market
upon which we base our quotes, or the imposition of limits
or special or unusual terms on the trading in any such market;
(d) the occurrence of any speculative movements,
which in our reasonable assessment distort the level of
prices in any market quoted by us.
(e) compliance with any law or government
order rule regulation or direction;
(f) any abnormal loss of liquidity in any
of the markets quoted or the reasonable anticipation of
such occurring.
“FSMA 2000” “2000 Act”
The Financial Services and Markets Act 2000.
"FSA" the Financial Services Authority.
“IMR” refers to Initial Margin
Requirement. This number represents the minimum available
funds required to place an opening bet of £1/$1/€1
in each market. i.e. if the IMR is 15 you must have at least
£15 in your account to make a £1 bet.
"London Capital Group Ltd “"we"
"us" "our" London Capital Group
Ltd.
"LSE" the London Stock Exchange.
"Margin" a term that describes
the cash required/being used on your account to either open
a new bet or run your existing bets. See clause 9.
"Margin Call" a request for payment
of Margin as referred to in clause 9.
"Marked to Market" the value of
a Client's open bets calculated at our current quotes at that
moment or at the close of business on the previous business
day.
“Market” An Indices/share/forex/commodity
or any other product that may be quoted by us from time to
time.
"Market Trading Hours" the hours
during which we will quote the various markets.
"Minimum (‘Min’) IMR" determines
the minimum amount of money required to open a new bet when
multiplied by the stake.
“OTP” Online Trading Platform,
FinancialSpreads.com
’s website and interactive dealing system as managed
under the URL www.
FinancialSpreads.com
.com.
"Password" a password chosen by
you enabling you to access the our online trading platform
(OTP).
"Pricing Error” is defined as
a misquote by us, where the Price quoted materially and clearly
deviates from the prevailing underlying market price (or the
forward calculated market price) at the time that it was quoted.
A Pricing Error is defined, but not exclusively, as a Bid
Price or Offer Price which varies above or below the prevailing
mid-market price of the underlying market by more than the
size of the quoted bid/offer spread of that market. For example
a bid/offer quote by us in the FTSE Quarterly contract of
4804 – 4808 when the correct quote should have been
4797 - 4801 may be considered to be a Pricing Error as our
Bid of 4804 is more than the quoted spread of the product
(in this case 4) away from the mid point (4799) of the correct
quote.
“Quote”, “Our Quote”
The price quoted by us via our online trading platform or
over the telephone. This quote may differ from the ‘underlying
market’ due to interest rates, expected dividends, stock
splits or scrip issues. See Paragraph 10.9
The understanding of the definition of ‘Our
Quote’ is very important for the correct operation of
your account. If you do not understand any part of its description
we strongly recommend that you contact
FinancialSpreads.com
, support@www.FinancialSpreads.com
for an explanation.
"Terms" the terms and conditions
set out herein, including the Product Information Sheets and
any amendments notified to you as per clause 6
“Underlying Markets” the 'underlying
markets' are the prices received by us from the various financial
exchanges around the world these prices form the basis of
‘our quote’.
“Volatility” A term to describe,
and quantify, the relative movement of a given market in the
recent past. A market that moves a great deal is said to be
of high volatility and one that is quiet is said to have low
volatility.
"
FinancialSpreads.com
” a trading name of London Capital Group Ltd.
3.0 Your Account
3.1 You must open an account before we will accept
any of your bets.
3.2 We require that you must fill out and
send to us an application form supplied with these terms and
conditions or electronically online, or on the printable form
available on www.
www.FinancialSpreads.com
. All mandatory sections must be filled out and any information
supplied must be true and correct to the best of your knowledge.
Any incorrect or unclear information supplied will result
in either an outright rejection of the application or at the
very least a delay in the opening of your account. There is
no other allowable form of application.
3.3 In signing, or electronically remitting
to us, the application form you are authorising us to make
such searches as we see fit to certify that the information
that you have supplied is full and correct. Such searches
will include, but may not be restricted to, information from
the electoral register and any credit agencies approached
by us.
3.4 We will make periodic checks of your
details to verify that the details supplied by you have not
changed.
3.5 You must immediately inform us in writing
as to any material change in your financial circumstances
or any change to the information given on your Application
Form (including change of employment, address, contact details
and e-mail). In our absolute discretion we may accept such
notification over the telephone or by electronic messaging
system. Any losses that may be incurred by misdirection of
contract details due to incorrect or out of date e-mail addresses
are entirely your responsibility.
3.6 We are not obliged to open an account
for any client and may refuse any application for any reason.
We are under no obligation to inform a client as to the reason
for any refusal of an application form.
3.7 We reserve the right to close or suspend
your account. If you have any open bets you will be given
5 working days to close your open bets. If you do not have
any open bets you will be given 5 days notice.
3.8 You specifically and unconditionally
agree that we have the right to close or suspend your account
with immediate effect in any of the following events:
(a) you are in breach of these Terms
and Conditions;
(b) you have made any material misrepresentation
to us;
(c) you fail to provide information requested
in relation to any verification undertaken by us;
(d) you act in a rude or abusive manner
to any of our employees.
3.9 We shall also be entitled to disclose
information concerning you or your account without prior reference
to you to any competent authority with jurisdiction over our
business or to any other person we reasonably believes to
be seeking a reference or credit reference in good faith.
Specifically we are entitled to disclose to such information
to other Spread Betting companies who may be inquiring as
to bad debt or bet liability.
3.10 Clients may open a joint account using
a single account number. Each of such persons shall be liable
in respect of that account and we shall be entitled to accept
bets from and act on the instruction of any such joint account
holder without reference to or notification to any other joint
account holder. E-mails of contracts and orders shall be sent
to the address nominated by the joint account holders on the
application form submitted by the joint account holders.
3.11 It is your sole responsibility to inform
us as to whether information concerning your account transactions
should be reported to your employer including its compliance
officer (under the FSMA 2000 Act), and to send contract notes
and statements of your account to that compliance officer
or to any other person authorised by your employer to receive
such information.
3.12 Insolvency Event
3.12.1 an insolvency event shall occur if:
(a) if you are an individual, on the
passing, or proposal, by you of a voluntary arrangement
under the Insolvency act of 1986 (specifically part VIII)
or an agreement/composition with your creditors generally
or the making of a bankruptcy order;
(b) if you are a company, the passing of
any resolution, or order, for the winding up or dissolution
of the company, or making of an administration order or
the appointment of an official receiver or the sale under
encumbrance of any asset of the company or the motion of
any voluntary arrangement under the Insolvency Act of 1986;
(c) if, as a client of ours under these
Terms and Conditions, you are unable to pay your debts as
they fall due or any act of insolvency or similar or analogous
event or action taken in respect of you.
3.12.2 in the event of your insolvency we
may (but are not compelled to):
(a) close (in whole or in part) all or
any open bets held by the client any profits or losses shall
be settled immediately;
(b) close all of your accounts and refuse
to accept any new instructions or bets from you
(c) impose stops on all open bets;
(d) take any reasonable action to safeguard
our interests and such action to be judged solely by us.
3.13 In accordance with the Financial Services
(Client Money) Regulations 1991 ("CMRs") we hereby
inform you that we do not pay any interest on any monies held
by us. We are required, under the CMRs, to segregate “Client
money” (as defined in such regulations).
3.14 In agreeing to these Terms and Conditions
you authorise us to telephone or otherwise contact you at
any time whatsoever in order to discuss any aspect of your
account with us or any aspect of our company or its associated
company’s business.
3.15 In agreeing to these Terms and Conditions
you authorise us to share your data with Mayfair Financial
Services Ltd for the purposes of servicing your account and
updating you on any products and services available.
4.0 Mechanics of making a Bet
4.1 Bets with us can only be made on the telephone
or via the our online trading platform. We will only permit
access to our Online Trading Platform on the correct presentation
of both your user name and Password.
4.2 All calls via our telephone lines are
recorded, and you hereby agree to the recording of such conversations.
The Online Trading Platform retains a chronological history
of all trades conducted over that medium and an electronic
audit trail of all client activity (although this is not guaranteed).
All such records and recordings of telephone conversations
are the exclusive property of us and may be used as evidence
in any dispute.
4.3 We quote a two-way market in a stake
size acceptable to us involving a spread between the buy and
the sell price. Clients may 'buy' at the higher price or 'sell'
at the lower price.
4.4 When placing a bet over the telephone,
you must give your name and account number.
Without this information no bets will be permitted even if
you claim that the bet is to close an existing open bet. When
dealing over the telephone the bet will only be accepted by
us when the dealer has taken your bet and confirms that it
has been accepted. Deals will be confirmed by electronic means
(e-mail).
4.5 Before access is permitted to the Online
Trading Platform area you will be obliged to enter your account
number and Password. When placing a bet via the Online Trading
Platform your confirmation will be via an e-mail contract
note. The contract is binding on both parties except for instances
of “Pricing Error” (2.1 and 12.1). We will treat
bets placed via the Online Trading Platform as active on receipt
of such an instruction and of its acceptance. Bets placed
via the Online Trading Platform will normally be confirmed
at the time of the transaction by electronic means.
4.6 If you are in any doubt whatsoever as
to deal acceptance it is your sole responsibility to contact
us immediately, in the first instance, by telephone in order
to obtain clarification as to the validity of any bet.
4.7 Your Password and account number are
extremely sensitive pieces of information. Any transactions
on your account either over the telephone or the Online Trading
Platform using either your account number or your Password
will be deemed as valid trades. You must not disclose your
account number or Password to any person (save disclosure
of your account number to an Authorised Third Party pursuant
to paragraph 4.11). You should keep any records in separate
locations and you should ensure that any record of your account
number does not apply to anything that identifies your name.
You must immediately inform us if you are aware or suspect
that a third party has had access to your account number or
Password or that any person other than you (or your Authorised
Third Party) is dealing on your account. We recommend that
you do not allow your personal computer to automatically remember
your user name and Password
4.8 In the case of bets placed via the Online
Trading Platform, we are under no obligation to recognise
the domain from which a Client is trading, it is your sole
responsibility to ascertain the legality of spread betting
from whatever locale you are trading from.
4.9 Where we have allowed unauthorised access
to any clients account through negligence by our own staff
or through abuse by third parties via our online trading platform
(i.e. hacking) we shall indemnify the client from any losses
incurred.
4.10 We recognise that in some circumstances
it may be necessary or desirable for you to authorise someone
to manage your account. You do so at your own risk and both
you and the person you wish to authorise to operate your account
will be required to execute and deliver to us a letter in
the form of a signed Power of Attorney document authorising
and appointing such person ("an Authorised Third Party")
to operate your account. If you have opened an account electronically,
and we do not have an original of your signature, you will
not be able to appoint an Authorised Third Party until such
time as you furnish us with an independently verified example
of your signature (i.e. photocopy of your passport/driving
licence) You will be held fully responsible for all
actions of the Authorised Third Party. We shall be entitled
to accept instructions from such Authorised Third Party until
receipt of a written notice from you stating that the authority
of the Authorised Third Party is revoked. For such written
notice to be effective it must be sent to our Customer Services
Department by registered mail or by personal delivery countersigned
by an officer of our company. Upon receipt of this instruction
we shall change your account number and any Passwords attributable
to it. Notwithstanding any of the aforementioned we shall
be entitled, and without notice to you, to refuse to accept
instructions from any Authorised Third Party and to treat
the appointment of any such Authorised Third Party as terminated.
4.11 All clients are advised to keep their
own written records of all transactions that they have entered
into with us whether over the telephone or over the Online
Trading Platform.
4.12 We are not obliged to accept any opening
bet or bets (in particular if you act in an abusive manner)
provided that we give a reason for such a refusal
4.13 A bet with us can only be made during
our Market Hours for the market in question and within the
permissible minimum/maximum stake sizes (unless otherwise
agreed by us).
4.14 A bet can only be placed on a current
valid quote. A price may change at any time after it has been
quoted and before you have traded. A quote made to you over
the telephone is only valid for that conversation and may
not be available on any subsequent telephone call. Quotes
that have been given as 'indication only' are not valid and
cannot be traded unless otherwise agreed by us. Quotes that
have been qualified or quotes that you have been told are
no longer valid before you place your bet are also not tradable.
For example, if, after the initial quote has been made, the
phrases "change" or "off" or words to
that effect are used by our employees these mean that the
relevant quote is no longer valid. If you have ‘paused’
or ‘asked a question’ or ‘delayed’
in any manner after receiving ‘our quote’, said
‘quote’ may no longer be valid and we reserve
the right to amend the quote.
4.15 In the case of bets placed via the
Online Trading Platform you may only offer to place a bet
on the prices currently quoted on the Online Trading Platform.
Such prices are never absolutely valid and on receipt we may,
in its absolute discretion, reject or accept your proposed
bet. Due to the nature of online trading systems and the potential
unreliability of market price feeds we may in our absolute
discretion remove or delete bets which have been made over
the Online Trading Platform which in the sole opinion of us
does not reflect the actual market prices at the time of the
placement of the relevant bet. We will be in no way responsible
for losses or potential losses sustained by you in trading
on a rejected or cancelled bet. We are in no way responsible
or liable for losses made with other companies on bets taken
in reference to a rejected or cancelled bet (see clause 12.).
5.0 Margin Calculations
5.1 In general we only allow our clients to trade
on Deposit Accounts. At our sole discretion a client may be
offered a ‘courtesy credit’ account.
5.2 Each bet you place has a Margin Requirement
associated with it. The minimum margin requirement is determined
(save for certain markets such as options, equity futures,
and special markets) by multiplying the bet stake by the relevant
contract minimum (“IMR”) figure.
5.3 Each contract minimum IMR may be changed
from time to time by us without notice to you (for example
during volatile market conditions or due to the illiquid nature
of any market) and this new minimum IMR multiplier will be
applied to all your existing open bets as well as any new
bets. Most contract's minimum IMR are set out in the Product
Information Sheets which are correct at the time of publication.
Minimum IMR multipliers which are not set out in the Product
Information Sheets or which have changed since the date of
publication of the Product Information Sheets will be quoted
on request or posted on the Website. It is your responsibility
to ensure that you are using the most recent minimum IMR applicable.
5.4 Occasionally new or 'one off' markets
are created, these markets attract their own minimum IMR that
may not be published but will be available on demand.
5.5 Neither the funds on your account nor
the margin requirement applied to your open bets represent
your total financial liability to us (in particular with reference
to paragraph 10.2 and clause 13).
6.0 Contract Specifications
6.1 All times stated in these Terms and Conditions
relate to UK time. All times stated are liable to alteration
due to time zone differences, differences in various countries
Bank Holidays or due to circumstances beyond our control.
Our trading hours (and all hours stated as traded by us in
these Terms) may vary according to public holidays (whether
UK or elsewhere) and the trading hours of the relevant underlying
market. In normal trading conditions the various trading times
are set out in the Product Informations Sheets.
6.2 The Product Information Sheets form
part of these Terms and Conditions. The Product Information
Sheets give detailed information for each market, (much of
this information is also available by clicking the information
button available on each market online).
(i) contract months available in each market
(ii)
FinancialSpreads.com
buy/sell spread for each market
(iii) Minimum IMR for each market
(iv) basis of settlement
(v) last day of dealing
(vi) minimum and maximum bets/stakes
(vii)
FinancialSpreads.com
trading hours
(viii)
FinancialSpreads.com
minimum stop level
(ix) other matters pertinent to various markets.
We have, to the best of our ability, insured that the Product
Information Sheets are correct but we reserve the right to
amend any part of the Product Information Sheets at any time.
Such changes will be notified to you via e-mail or verbally
over the telephone. In every case of any alteration to Product
Informations we will inform clients as to the reason for said
change. Our Product Information Sheets (and any and all information
contained therein) are available through the web home page;
any material alteration to the Product Information Sheets
will be communicated via an electronic message (e-mail).
6.3 Current spreads on contracts will be
quoted to you on request. We have the right to vary spreads
on any contract without notice especially in, but not limited
to, volatile market conditions and/or illiquidity of the underlying
market.
6.4 Notwithstanding the spread stated in
the market information sheets or the permissible maximum bet
stake in any individual market we reserve the right to alter
either component without notice to you.
7.0 Your Bet
7.1 Maximum and minimum stakes are set out in the
Product Information Sheets or on the Online Trading Platform.
At different times the maximum bet allowable for certain contracts
may change (normally due to either extreme volatility or because
the contract is being quoted out of market hours). Maximum
and minimum stakes for new or one off markets will be quoted
on request. Maximum and minimum stakes can vary accordingly
to market conditions, including market volatility, closure
or illiquidity. We reserve the right to vary minimum/maximum
stakes at any time. It is your responsibility to ensure that
you know the current minimum and maximum stake applicable
to any bet.
7.2 Available margin on deposit accounts
- In the case of deposit accounts the available margin is
the Account Balance less the margin of any open bets.
7.3
FinancialSpreads.com
’s Computer Generated Customer Account Management System
will monitor the amount of margin available on any bet taken.
If your Credit or Debit account has more available margin
than the following formula [available margin x 0.8 > stake
size x the relevant CGSL] then the system will apportion a
stop at 80% of the limit of the CGSL for that contract. If
you have less margin available than the max CGSL the computer
will apportion a stop at the level that equates to 0.8 x available
margin so long as this stop is greater than the minimum IMR
for that contract. If you wish you may adjust the stop level
to another desired level so long as you have margin available.
7.4 Notwithstanding any other provision
of these Terms, we are entitled in our absolute discretion
to permit stakes, which are above the recognized maximum stake
for a particular market
7.5 We are entitled in our absolute discretion
to close (on our current quote for that market) any bet placed
in excess of any recognized maximum stake for a particular
market notwithstanding that we may previously have accepted
that bet.
8.0 Opening and Closing of Bets
8.1 Financial spread bet contracts can be closed
at any time when the relevant underlying market is open, and
not suspended, unless we notify you otherwise. We may, but
are not obliged to, accept closure of spread bet contracts
at other times dependent upon market conditions.
8.2 We will only accept bets, whether opening
or closing, via the telephone by talking directly to an authorised
dealer of us or via the
FinancialSpreads.com
online trading platform. We have no obligation to transact
orders received via any other medium (specifically via e-mail
or via letter or via verbal conversations over non recorded
telephone lines (i.e. dealers personal mobile phones) or via
instructions given in a personal conversation).
8.3 You are not required to close a bet
prior to the Expiry Date provided that your Account is not
in deficit. However in certain circumstances and in accordance
with the Terms, we shall be entitled or may be required to
close your spread bet contracts prior to their Expiry Date
notwithstanding that your account is not in deficit.
8.4 Unless market conditions dictate otherwise,
all spread bet contracts still open upon their Expiry Date
will be automatically closed at the our official Expiry Price
(details of which may be found on the product information
sheets).
8.5 If the Expiry Date on a contract/bet
is not a recognised Business Day of the relevant underlying
market, then the Business Day immediately preceding that stated
will be considered as the Expiry Date unless an alternative
is specifically stated in the Product Information Sheets or
we notify you otherwise.
8.6 Open spread bet contracts will automatically
close on their Expiry Date and at their Expiry Time and any
subsequent closing of any such spread bet contract by you
(whether or not accepted in error by us) will be void.
8.7 We will treat all bets as a Buy or a
Sell without reference to whether such actions open a new
bet and/or close (or part close) an existing one.
8.8 You may not hold two opposing bets in
the same market at the same time. Any bet taken in the opposite
direction to an existing bet will close out either in part
or in whole the existing bet.
8.9 In certain market conditions it may
not be possible to close single share spread bet contracts
with sizable market consideration in full at one price. Such
spread bet contracts may instead be closed at a price reflecting
the price at which we are able to transact any relevant underlying
hedge but only during the trading hours of the underlying
market (whether or not the relevant spread bet contract was
opened during or outside the underlying market trading hours).
8.10 We may in our sole discretion close
or cancel any or all spread bet contracts upon the occurrence
of:
(a) an Insolvency Event as defined in
paragraph 3.12.1 and 3.12.2; or
(b) an Event of Default as defined in paragraph
14.10 and 14.11; or
(c) an event of Force Majeure as defined
in clause 13; or.
(d) a Pricing Error.
8.11 All Account Balances that are in debit
are immediately due for payment by whatever means is available
to you.
9.0 Margin Payments
9.1 If at any time your account balance with us (together
with any available credit you may have) is not sufficient
to cover in full your total margin requirement which is comprised
of the full margin on any open bets added to the net running
P/L on those open bets, we shall be entitled to make a Margin
Call. Margin is due for payment immediately upon a Margin
Call being made.
9.2 We are not obliged to make Margin Calls
of you at all or within any specific time period. We shall
not be liable to you for any failure by us to contact you
or attempt to contact you. It is your responsibility, and
not ours, to monitor your open bets and all other relevant
factors used to calculate Margin payable.
9.3 Margin Calls may be made in person,
by telephone, telephone answering machine message, voice mail,
letter, fax, email or any other means of electronic communication.
If the contact details provided by you change in any way you
must immediately contact us to provide new or alternative
contact details to ensure you can be notified of Margin Calls.
A Margin Call is deemed to have been made if we have endeavoured
to contact you using the details supplied by you for that
purpose. The Margin Call will be deemed to have been made
at the first time that such attempts have been made. Any message
left on any electronic medium either mobile and telephone
answering machine using the designated numbers supplied by
you will be deemed as evidence of a Margin Call having been
made. Any fax requesting a Margin payment will be deemed received
by you upon our receipt of a successful transmission confirmation.
Any e-mail sent to you will be deemed received upon receipt
by us of a successful delivery notice.
9.4 Any request that you make contact with
us for whatever reason should be regarded as vital and should
be acted upon immediately.
9.5 You must pay Margin immediately in the
form of cleared funds in pounds sterling, US dollars or euros
or such other currency as may be acceptable to us by not later
than 4.00pm London time on the first Business Day immediately
following the day on which the Margin Call is made or deemed
to have been made.
9.6 We may in our sole discretion alter
the margin requirements on your account
9.7 If you fail to pay Margin in accordance
with paragraph 9.5 we may, but are not obliged to, close any
or all of your open bets on the basis of our current market
quotation(s) or if the market is closed the next available
when it does open and/or close your Account and not open any
further spread bets contracts for you.
9.8 Notwithstanding that a Margin Call has
not been met, we may at our sole discretion allow your open
spread bet contracts to run and allow you to open further
spread bet contracts. This will not affect our rights at any
subsequent time to take any action under paragraph 9.7.
9.9 We will close all open bets if a Margin
Call is not met within five Business Days of the receipt by
you of the Margin Call or of our deemed receipt by you of
the Margin Call as per paragraph 9.3, whichever is the earlier.
9.10 Notwithstanding any movements in the
market that may reduce the Margin Call on your account you
are still liable to pay the full Margin as originally requested
assuming you still have the same or similar bets open. We
may upon failure to pay this full Margin take action under
clause 9 and close all your bets. We may take tardy Margin
payments as indicative of client risk and at its sole discretion
may alter the Margin call parameters or close the account.
9.11 Margin can be paid by telegraphic transfer
or by approved debit or credit card, direct debit or any other
method of immediate/electronic funds transfer acceptable to
us.
9.12 If a Margin Call or other request for
payment is made to a Client who is at the time of the call
resident outside the UK and is unable to make payments as
per paragraph 9.11 that Client is entitled to make the Margin
payment concerned by way of bank draft drawn on a UK clearing
bank provided that the said bank draft must be delivered to
us by 4.30pm on the next business day after the day on which
the Margin Call (or other request for payment) was made.
9.13 The Margin charged to your account
is not the total extent of your financial liability to us,
as you must make good in accordance with these Terms any losses
you suffer and any other payments due hereunder.
9.14 Additionally and without prejudice
to this clause 9 or any other provision of these Terms we
reserve the right (but are not obliged) to close any or all,
in whole or in part, of your open bets (including those held
on a joint account with others) on the basis of our current
(or next available) quote, to close your account and not accept
any further bets from you, in each of the following without
notice to you;
(a) if any method of payment used by
you to make payment to us is not met on first presentation
or is subsequently dishonoured or such payment is not received
within five business days of the Margin Call being received
or deemed received by you;
(b) if any statement in whatever form that
is made by you in relation to these Terms is or becomes
inaccurate in any material, in our sole opinion, respect;
(c) if we, in our absolute discretion,
consider that you are unlikely or unable to meet any Margin
Call when it falls due
(d) if you are involved in an Insolvency
Event;
(e) if any regulator of our business or
its rules requires that we do so;
(f) if you have some dispute or complaint
over any instruction or any bet made by you (in such case
we may close only the bet, or part of the bet, that is part
of the actual or alleged dispute);
(g) if we suspect or have any reason to
suspect that you may be involved in criminal or fraudulent
activity;
(h) if there occurs any other event or
any other circumstance exists, where we reasonably believe
that it is necessary or desirable to take any of the above
actions in order to protect ourselves or any or all of our
other Clients.
9.15 If your account has been closed by
us you will no longer be entitled to trade or place any bets.
10. Limit Orders, Stop Orders and Other Orders
10.1 It is a requirement that all our clients place
stops on every bet opened (unless otherwise informed in writing).
On the Online Trading Platform the
FinancialSpreads.com
systems will return a stop that will either reflect the CGSL
of the contract involved or be based upon the funds available
in your account. This stop can be found on your deal ticket
and also in the confirmation e-mail. Telephone trades will
receive confirmation of any relevant stop solely via an e-mail
confirmation. These stops are binding and unless altered by
you will be activated on an “Our Quote” basis.
10.2 No orders are guaranteed, we may fill
orders when we are reasonably able to do so. In certain circumstances
the stop level may be altered due to conditions beyond our
control. For example, if the relevant underlying market is
open and trades through or has opened through the level of
an order, commonly known as 'gapping', such order will be
executed at the quote based upon the first price that we are
reasonably able to obtain in the underlying market. In respect
of markets quoted by us outside the trading hours of the relevant
underlying market, all orders are basis
FinancialSpreads.com
QUOTE / OUR QUOTE and may be filled at our quote based on
a price which is in our opinion fair and reasonable in light
of prevailing world markets at that time. It is your sole
responsibility to ensure that you are aware of the risks involved
in non-guaranteed stops and the potential liability that you
may incur should the markets gap on open or should the markets
encounter a Force Majeure situation.
10.3 Any orders placed as stops on open
bets shall (a) be deemed "good until cancelled"
("GTC") (see paragraph 10.10) or until the contract
expires or until such time as you close the relevant bet;(b)
be at levels and on terms acceptable to us; (c) be deemed
to be "
FinancialSpreads.com
QUOTE"/"OUR QUOTE"; (d) be valid in respect,
solely, of the market in respect of which we accepted the
order and not for any other. For example an order instruction
accepted in relation to the Daily FTSE Cash contract will
not apply to the next Daily FTSE cash contract (or any subsequent
day) once the designated Daily FTSE cash contract has expired.
10.4 During the hours when we do not offer
a spread betting service (normally between 21.15 and 07.00,
the weekend and various bank holidays but not exclusively
restricted to these times) no stops or orders of any kind
will be activated except by agreement with us. Upon the opening
of any market quoted by us (
FinancialSpreads.com
Market Hours) any currently actionable Stop, Limit or New
Order will be filled at the first ‘Quote’ for
the relevant market that we are reasonably able to obtain
with reference to the underlying market.
10.5 Orders will be subject to the maximum
stake size applicable at the time of execution of the order
irrespective of the maximum stake size applicable at the time
of placing the order. We reserve the right to alter the maximum
stake size of any market as we see fit. Orders that on implementation
would be in excess of the maximum stake size applicable on
execution will be transacted in tranches of the applicable
maximum stake size until the order is filled. Clients should
be aware that in volatile markets the price applicable to
each tranche might differ considerably.
10.6 We will only accept instructions in
relation to orders either over the online dealing platform
or over the main dealing telephone lines. We are not obliged
to accept any other instruction in relation to orders whether
via e-mail, fax or any other form of communication. When placing
a stop or limit order you must ensure that you are complying
with all terms and conditions relevant to your placing that
order, we may at our sole discretion may refuse to take any
order.
10.7 It is solely your responsibility to
cancel any order you have placed which, unless you do so,
may be filled by us and may therefore cause losses to you,
for which you will be liable. In the case of stop loss orders
if the related bet is closed by you the stop loss order will
be deemed automatically cancelled.
10.8 We are not obliged to inform you if
an order is filled it is solely your responsibility to ensure
that you know at all times as to whether any order has been
filled or is still active.
10.9
FinancialSpreads.com
QUOTE" (otherwise known as "OUR QUOTE") means
that (subject to all other provisions of this clause 10) the
order will be executed when the
FinancialSpreads.com
current quote reaches the relevant price or trades through
it. All quotes are based upon the ‘front month’
futures market or the spot cash market, which is termed the
‘underlying market’. ‘Our Quote’ may
be higher or lower than the ‘underlying market’
due to interest rate costs, dividends, scrip issues or stock
splits. For Market Spreads quoted by
FinancialSpreads.com
outside the trading hours of the relevant underlying market
all orders are basis
FinancialSpreads.com
QUOTE/OUR QUOTE and may be filled at the
FinancialSpreads.com
quote based on a price which is in our opinion fair and reasonable
in light of prevailing world markets at that time.
10.10 Good Till Cancelled (“GTC”)
means that the order will remain in effect until the order
is filled or you cancel the order or the contract expires
or in the case of a stop loss, until you close your related
open bet. Having left your GTC order basis "
FinancialSpreads.com
QUOTE"/"OUR QUOTE", the relevant order will
be valid until the underlying market closes at the end of
each daily session (i.e., the daily trading session of the
underlying market) during the lifetime of your order. If,
however, your order relates to a market that we quote during
FinancialSpreads.com
opening hours (for instance the Daily FTSE Cash), then the
order will be valid for the entire period quoted by
FinancialSpreads.com
during the lifetime of your order. If there is any form of
gap between the close of the market as quoted by
FinancialSpreads.com
and its reopening either on the next day or, in the case of
a force majeure, whenever the market officially reopens the
clients stop will be executed at the
FinancialSpreads.com
quote based upon the first price that
FinancialSpreads.com
are reasonably able to obtain in the underlying market.
10.11 Good For Day (“GFD”)
means that the order will remain in effect until
FinancialSpreads.com
ceases to quote the relevant market for that day. Orders on
Daily markets that close and reopen during the course of a
single business day will refer to the market open at the time
that the relevant order was given. Thus for instance an order
on the Daily FTSE given before 16.30 will refer to the current
days Daily FTSE but an order given after 16.30 will refer
to the next business days Daily FTSE. All GFD orders are based
on an ‘
FinancialSpreads.com
Quote’ basis.
10.12 GMT Orders mean that the order will
remain in effect until the time and date stated when the client
placed the order or until
FinancialSpreads.com
ceases to quote the relevant market (whichever is the sooner).
All GMT orders are based on a ‘
FinancialSpreads.com
Quote’ basis
10.13 Once a stop, limit or new order level
is hit we may at our sole discretion allow a client to amend
this order before it has been actioned by us. The receipt
of an e-mail confirmation of an order amendment is not binding.
We may at our sole discretion decide to activate the original
order if the activation of that order occurred before the
amendment was made. We shall not be liable for bets generated
by your assumption of non-activation of a fairly executed
order.
11.0 Roll-Over
11.1 You may at any time before the expiry of an
open bet ask for a quote to roll the bet over into the next
contract period. You must have sufficient margin in your account
to permit the opening of the new bet. Any rollover price quoted
will reflect prevailing market premiums / discounts. Permission
to roll-over any open bet is at our absolute discretion. Upon
enactment of the roll-over trade the original bet will be
closed and will become due for settlement (any loss on the
closed bet becomes realised and payment becomes due) and a
new bet in the next relevant contract period is created.
11.2 For further information relating to
rollovers please read the 'The Product Information Sheets'.
11.3 Daily Rolling Bets are available in
a variety of markets. Each market has its own conditions and
spread, which may vary at our discretion.
11.3.1 Rolling bets incur a charge (or a refund) for each
day that the bets are held overnight (London Time). This
charge (refund) is calculated on the total equivalent market
value of each bet held overnight. We will charge (or pay)
interest on this market value for each day that the bet
is held open overnight. We will charge the relevant funding
rate plus 2% for long bets (buy bets) and will pay the relevant
funding rate minus 2% for short bets (sell bets).
11.3.2 These bets will remain open so long as the client
has funding available to support the minimum IMR for each
market. We reserve the right to unilaterally move stop levels
on any open rolling bet such that the client remains in
a positive ‘available funds’ position. Should
the client be unable to support any rolling bet due to the
ongoing cost of the daily rolling charge (and the constraints
of the minimum IMR) we reserve the right to close part or
all of any bet sufficient to bring the client into a positive
available funds position.
11.3.3 A rolling bet has, nominally, no expiry date but
may be closed by us in situations of Force Majeure (clause
13) or in situations where the cost of rolling the bet has
used more than the client’s available Margin. When
bets are closed by us the price will be at the full spread
quoted by
FinancialSpreads.com
at that time or at a price that in our opinion fairly reflects
the price at that time.
11.3.4 All other terms and conditions apply to Daily Rolling
Bets.
12. Errors
12.1 An e-mail confirmation of a bet that does not
accurately reflect the relevant market price at the time when
the bet was made either over the telephone or via the Online
Trading Platform does not entitle the Client or us to enforce
whatever is inaccurately recorded in the contract note. See
‘Pricing Error’ Clause 2.0 and Clause 8.10
13. Force Majeure
13.1 Exceptional / Unusual / Emergency Market Conditions
(Force Majeure Event) may be deemed to have occurred if -
a) an event which prevents us from making
orderly markets in any contract normally quoted by
FinancialSpreads.com
for the purposes of making spread bets;
b) the event of excessive volatility, as
reasonably assessed us, in any market normally quote by
FinancialSpreads.com
or of the anticipation by us that such a situation may occur;
c) any quoted exchange or underlying product
on which we rely for our spread betting quotes is suspended
or closed;
d) any imposition or limitation on any market or product
causes, as reasonably assessed by us, a significant loss
of liquidity in that market or product. (i.e. the suspension
of a share) loss of liquidity in that market or product.
(i.e. the suspension of a share);
e) any act, event or occurrence including
any strike, riot or civil commotion, terrorism, interruption
of power supply or electronic communication or information
system technical or communication problems or other act
of god caused through loss of power which prevents
FinancialSpreads.com
from providing a normal spread betting service.
13.2 If we conclude in our reasonable assessment
that a Force Majeure Situation exists then we may in our absolute
and sole discretion:
(a) suspend trading and/or amend
FinancialSpreads.com
Market Hours for all or any markets;
(b) increase deposit/margin requirements
and/or amend credit limits in the case of Credit Accounts;
(c) close any or all open bets;
(d) refuse to take any further bets even if such bets would
be closing bets;
(e) immediately require payment of Margin
and/or any other amounts you may owe us;
(f) cancel or fill any orders in each case
at such levels as we consider in good faith and in our sole
discretion to be fair and reasonable in the circumstances;
(g) reduce the maximum stake size allowable;
(h) vary (by this we mean widen) any spreads
quoted by
FinancialSpreads.com
;
(i) suspend or amend any part of these
Terms to the extent that it is impossible or unreasonable
for us to conform to them;
(j) take all such actions as we deem proper
in the circumstances to defend our Clients and ourselves
as a whole.
13.2 In the absence of fraud or bad faith,
we shall not be liable to you for any losses you may suffer
by reason of any action it may take in accordance with Clause
13.
14. Account Settlement
14.1 If your Account Balance is in debit, the full
amount of that balance is due immediately. Payment must be
made in the currency in which the debit balance is denominated
(or by agreement with us and at an exchange rate designated
by us the amount may be transferred in a currency of your
choice).
14.2 We will require immediate payment of
any debit Account Balance by either telegraphic transfer,
debit/credit card, direct debit or any other method of immediate/electronic
funds transfer acceptable to us or by bankers draft drawn
on a UK clearing bank and delivered to us by 4.30pm on the
same business day that the debit Account Balance became due.
14.3 Any client resident outside the UK
may make payment by bankers draft drawn on a UK clearing bank
and delivered to us by 4.30pm on the same business day that
the debit Account Balance became due.
14.4 We are entitled to refuse payment by
cheque without notice and without giving any reason.
14.5 We reserve the right to and shall be
entitled to charge interest on all sums payable to us under
these Terms which are not paid within 5 days of their due
date until payment is made in full, we shall charge you 2%
per calendar month or part thereof cumulative on the sum owed
to us. We will require you to reimbursement for any and all
costs we may suffer or incur if you fail to make payment when
due for any reason whatsoever;
14.6 We have the right to debit from your
Account or any other account in which you hold an interest
any costs, interest or expenses incurred in recovering said
debt. All debts due to us are recoverable in law; We will
actively pursue any sum (whatever the size) that is due.
14.7 Unrealised profits will under no conditions
be paid or be available for electronic withdrawal or offset
against your obligation to pay your realised losses.
14.8 We shall be entitled to keep hold of
funds which are required to cover adverse cash positions,
Margin, any uncleared funds (i.e. cheques or credit card payments),
realised losses and any other amount due under these Terms
.
14.9 Set Off/Netting Provisions
(a) We may at any time set off any liabilities owed
by us to you against any amount owed by you to us. We reserve
the right, without notice to you and in our absolute discretion,
to consolidate any or all of your accounts of whatever type
or description or any accounts in which you have a part or
management function or oversight interest.
(b) Without prejudice to any part of these
Terms and Conditions we shall be entitled to require the settlement
of all open spread bet contracts at any time and with immediate
effect. Such settlement shall be made at the market quote
for each bet at the time of settlement or at the first such
time that such a settlement may be practicably made. The settlement
amount in respect of each open spread bet contract shall be
calculated by us at our sole discretion, but with reference
to any reasonable underlying market price, as the difference
between the opening value of each bet and its value on the
settlement price.
14.10 A Default Event shall be deemed to
have occurred if:
(a) any statement either oral or written
made by you to us is or becomes untrue or misleading.
(b) you fail to carry out any obligation
to us under the Terms and Conditions or you fail to do anything
that you have stated that you will do whether orally or over
the telephone or by any form of written or electronic message.
(c) you die or become a patient within the
meaning of any applicable mental health legislation.
(d) you are in default of payment of money
owed to us or any of our associated companies.
(e) we at our sole discretion believes that
any of the circumstances set out in paragraph 14.10 are likely
to happen.
14.11 If a Default Event occurs we may (but
are not obliged to):
(a) close (in whole or in part) all or any
open bets held by the client, any profits or losses attributable
to such bets shall be settled immediately.
(b) close all of your accounts and refuse
to accept any new instructions or bets from you.
(c) impose stop orders on all open bets.
(d) take any reasonable action to safeguard
the interests of our company such action to be judged solely
by us.
15.0 Confirmations, Queries on Accounts and Complaints
15.1 Our contract notes will be e-mailed to you immediately
upon action of any bet or order or amendment of order or any
cancellation of order. Any material action affecting your
account will trigger an e-mail confirmation. The absence of
an e-mail confirmation of an action on your account will not
affect the validity of any bet or order, which has been placed.
15.2 Your account statement will be available
online at any time unless we have suspended your account or
the Online Trading Platform is unavailable for any reason.
15.3 It is solely your responsibility to
keep yourself fully up to date in respect of all your bets
and any live orders. As soon as you receive any contract note
you must check it to make certain that it is correct. The
sooner that we are made aware of any error or problem, the
sooner we will be able to look into or correct it. You must
also regularly check your online statement.
15.4 If you receive a contract note for
a bet or filled order that you allege has not been transacted
by or for you, we must be notified immediately. If you do
not receive a contract note for a bet you have placed (or
believe you have placed) you must notify us immediately.
15.5 If you think that any contract note
or statement contains any error you must notify us immediately.
15.6 Any query or dispute in respect of
any trade or conversation, together with details of the time
and date of the trade or conversation must be communicated
to us as soon as you become aware of it If the dispute or
complaint is not satisfactorily resolved it should be referred,
again with all details, to the Customer Support Desk of
FinancialSpreads.com
and, if not then resolved to your satisfaction, should be
further referred to our Compliance Officer compliance@
FinancialSpreads.com
.com. Should you be in any way dissatisfied with the resolution
of any dispute you have the right to refer the matter to the
Financial Ombudsman Service. In circumstances of this occurring
the matter should be referred to the Ombudsman within 28 days
of the Compliance Officers’ resolution of the dispute.
15.7 We may at our discretion immediately
close, at the prevailing
FinancialSpreads.com
quote or the first such quote available, any bet that is in
dispute. No matter what the subsequent result of the dispute,
we will not reopen or reinstate any such closed trade.
16.0 Betting on Equities/Shares
16.1 The following provisions of this clause 16 apply
to equity/share bets and their associated options, in addition
to all other provisions of these Terms. Clients should note
that they are betting on the outcome of the price of a financial
derivative, in this case a share, and will not be entitled
to delivery of, or be required to deliver, the underlying
product and will not be entitled to dividends or any equivalent
thereof or any other interest therein.
16.2 In the event of any scrip dividend
or rights issue (or any dilution or concentration of share
capital or any special dividend) in any share bet that is
already open we reserve the right to adjust all and every
opening bet prices taken in that product to fairly reflect
the impact of the same.
16.3 On expiry of equity bets of less than
£100 a penny/cent movement and/or of less than £30,000
total virtual value, i.e. a £1 bet on a UK share is
the equivalent to buying (or selling) 100 shares so that a
£50 bet on a share priced at £2.00 would have
a virtual value of £10,000 (50 x 2 x 100) whichever
is the least the settlement price will be based on the closing
bid or offer price of the bet plus or minus the
FinancialSpreads.com
spread on that bet depending on the client position (if the
client has an Up Bet on expiry the settlement price will be
the bid of the share in the market at expiry time minus the
spread and if he has a down bet on expiry the settlement price
will be the offer of the share in the market at expiry plus
the spread).
16.4 On expiry of equity bets of greater
than £100 per penny/cent movement and/or of total virtual
value greater than £30,000 we shall settle the bet at
either the average price of the underlying share in the last
hour of trading of the last dealing day on a fair and reasonable,
in our assessment, bid/offer spread plus or minus the relevant
FinancialSpreads.com
spread or at the price achieved by us in removing its hedge
on the relevant bet during the course of the final business
day of the relevant expiry date plus or minus the relevant
FinancialSpreads.com
spread.
16.5 If a spread bet is made by you in a
contract that is found to be illiquid in any fashion either
leaving us unable to purchase sufficient shares to cover your
bet or unable to borrow the same in the open market, we reserve
the right to cancel your bet at the opening price. We will
endeavour to inform you as soon as is possible to this event.
16.6 If a spread bet that has been made
by you, in a share or contract, subsequently becomes illiquid
we reserve the right to close all or part of any such bet
at the current
FinancialSpreads.com
quote.
16.7 If a share become subject to a take-over
offer we reserve the right to close any or all bets at any
time during the take-over process or to adjust the opening
price of your bet to reflect any cash portion of the offer
and/or to close the existing bet and reopen a new bet reflecting
the new security that is created by the take-over.
16.8 If a share is suspended we are entitled
to ask for additional margin to cover any liability to the
extent that we consider a fair and reasonable price in the
circumstances. If a share remains suspended for more than
four business days we, at our sole discretion, may close the
bet with reference to the last official price at the time
of suspension.
16.9 Assuming no fraud or bad faith we shall
not be liable to any losses howsoever caused in relation to
this clause 16.
16.10 You are referred to the Product Information
Sheets for the further terms relating to equity bets and associated
options.
17.0 Personal Statements
17.1 Each time you make a bet you signify and agree
that all statements concerning personal warranties and representations
are repeated and that:
(a) all information that you have provided
us with (in your Application Form and subsequently) is true
and accurate in all material respects;
(b) you have read and fully understood these
Terms (including the Product Information Sheets) and the Risk
Warning Notice (which forms part of the Application Form);
if you are an individual you are over 18
years of age;
(d) you agree to be bound by these Terms
;
(e) the action of taking a bet with us is
legal in the Jurisdiction you are currently resident and that
you will not violate any law or ordinance relevant to you;
(f) you are taking each and every bet on
your own behalf as principal and not as a third parties representative;
(g) you warrant that you are not acting in
such a manner (nor is any Authorised Third Party duly authorised
by you acting in such a manner) as may be termed market abuse
under the Act and you are not breaching any rule or regulation
under the Act or under FSA rules or violate any law applicable
to you;
(h) if you are a company that in placing
any bet or instruction you are duly authorised to do so;
(j) that any person authorised by you to
trade or issue instructions on your behalf has read and understood
both the Terms and Conditions and the Risk Warning.
17.2 If any losses are incurred by you or
by us due to your breach of any warranty as set out herein
you shall be liable for the total sum involved.
18.0 Alterations to these Terms and Conditions
18.1 These Terms are subject to alteration by notice
to you. Any alteration shall be effective immediately on service
in accordance with clause 19 and shall apply to all open bets
and unfilled orders as at and after the effective date of
the change.
18.2 We are obliged to notify all clients
as to the reason for any change to the terms.
19. Notices
19.1 All notices will be sent to our clients via
the e-mail messaging medium and unless we receive a 'failure
to deliver' message all such messages will be deemed to have
been received by you. Any alteration of your e-mail address
must be communicated immediately to us. Any losses incurred
by you through non-receipt of notification or confirmation
(in the case of bets or orders placed) are payable by you.
We accept no responsibility for non-receipt by you of any
such notification or confirmation.
19.2 If we have not received an earlier
receipt or notification of receipt from the you, any notice
or other communication from us to you shall be deemed to have
been duly served on you:
(a) if hand delivered at your last known
home or work address or when actually given in person to the
you;
(b) if given orally over the telephone or
in a face-to-face exchange with you (or person claiming to
the our representative to be you), when it has actually been
given;
(c) if given by leaving a telephone answering
machine message, text message or voice mail message, two hours
after the message being left on the relevant medium;
(d) if sent by first class post, two business
days after posting of same;
(f) if sent by fax, on completion of its
transmission, provided that a transmission "successful"
notification has been received by us;
(g) if sent by e-mail upon receipt of a delivery
notice by us.
20. Limitations of Liability
20.1 You may not assign any part of you profits or
losses to a third party. A third party may not place any funds
in your account or withdraw funds from your account. All withdrawals
from your account balance must be payable directly to you
(by means of a cheque or BACS payment) or into an account
in your name via direct debit.
20.2 In agreement with you
we may waive or relax any of these Terms from time to time.
In particular but without limitation, where these Terms specify
certain limits or parameters to your betting activities and/or
Margin requirements, we may, but only on agreement with you,
allow you to breach such limits. Any liability accrued due
to such permission is your sole responsibility. Any agreement
to waiver or failure to enforce any part of these Terms shall
not constitute a waiver by us to enforce such rules at a subsequent
time.
20.3 These Terms do not limit or exclude
any liability arising out of fraud or for death or injury
arising by reason of our negligence.
20.4 Subject to all other provisions of
these Terms we are liable to you to pay you your realised
available profits. The foregoing is our entire liability to
you.
20.5 Nothing in these Terms shall exclude
or restrict any duty or liability owed by us to you under
the 2000 Act or FSA rules, which shall, in the event of conflict,
prevail over these Terms.
20.6 If any of these Terms shall be found
to be unenforceable or invalid, such unenforceability or invalidity
shall not affect any other part of these Terms (or the remaining
portion of the affected part as the case may be), which shall
remain in full force and effect.
20.7 The Client shall not assign, transfer,
charge or sub-contract any of the rights or liabilities hereunder.
20.8 We shall be entitled to assign, transfer,
charge, sub-contract or deal in any manner with all or any
of its rights and/or liabilities hereunder including by way
of transfer of the same to an associated company.
21.0 Legal Jurisdiction
21.1 These Terms and Conditions and all business
transacted between us and you shall be governed by the laws
of England and all parties where ever resident shall submit
to and be subject to the jurisdiction of the English courts.
22.0 Market Abuse
Clients must be aware that spread betting is a regulated activity
by the FSA and that the applicable rules and regulations that
pertain to the trading of equities and futures also pertain
to spread betting. Customers are especially reminded that
this applies to all forms of market abuse such as insider
trading and to directors making bets in shares of their own
companies.
23.0 Taxes
For residents in Great Britain, at the present time, income
from betting activities is exempt from personal income tax
and betting losses are not deductible for tax purposes. Tax
regulations may change at any time. It is your sole responsibility
to ensure that your spread betting activity complies with
your local income tax regulations and any other applicable
fiscal laws.
FinancialSpreads.com
is a trading name of London Capital Group Ltd which is authorised
and regulated by the Financial Services Authority (FSA). 1st
March 2005
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