Customer Terms and Conditions

This page (together with the documents referred to on it) tells you the terms and conditions on which we will introduce you to third party spread betting and forex companies ("Spread Betting Companies") and on which we will supply to you any other services (together the "Services") listed on our website: www.financial-spread-betting.com (our site). Please read these terms and conditions carefully to ensure you understand them. By completing our registration process, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please tick the box marked: "By ticking this box, I hereby accept SpreadBack Ltd's customer terms and conditions" on the 'Create A New Account' form on our site if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to register an account with us.
  1. Information about us

    1. www.financial-spread-betting.com is a site operated by SPREADBACK LIMITED (we or as applicable us). We are registered in England and Wales under company number 7055152 and with our registered office at Littlestead House, Green Lane, Buckinghamshire, Prestwood, England, HP16 0QE.

    2. We are not a regulated company.

    3. We act as an introducer to Spread Betting Companies who will pay us commission based on the amount of revenue they receive from you.

  2. Service availability

    Our site is only intended for use by people resident in the United Kingdom. We do not accept requests to register accounts from individuals or entities outside the United Kingdom.

  3. Your status

    1. By completing our registration process, you warrant that:

      1. You are legally capable of entering into binding contracts; and

      2. You are at least 18 years old;

      3. You are resident in the United Kingdom;

      4. You are accessing our site from the United Kingdom.

    2. You acknowledge and accept that you will form your own opinion on the products and services of any Spread Betting Companies to whom we introduce you including but not limited to any investment, betting or trading activities; and

    3. You acknowledge and accept that we are not providing, and you have not relied upon, any advice or opinion from us whatsoever in particular we are not providing any opinion or advice related to the suitability of any Spread Betting Company or any investment, betting or trading activity that you conduct with any Spread Betting Company.

  4. How the contract is formed between you and us

    1. After completing the process to register an account with us, you will receive an e-mail from us acknowledging that we have received your request and providing details about how your account can be activated. The contract between us (Contract) covered by these terms and conditions will only be formed once you have activated your account in accordance with the instructions contained in this email.

  5. Our status

    1. For the avoidance of doubt, we are not acting as an agent of any Spread Betting Company or other third party.

    2. We will introduce you to Spread Betting Companies as requested by you (the "Introduction").

    3. Once we have effected the Introduction, you acknowledge and accept that:

      1. You will be required to complete a separate application with each Spread Betting Company with which you wish to transact;

      2. Each Spread Betting Company shall have the right not to accept you as a customer;

      3. You will conduct all spread betting, trading or other investment or betting activities with the Spread Betting Company you have identified alone and not with us;

      4. You may be required to enter into a contract with the Spread Betting Company in connection with such activities. You should carefully review their terms and conditions;

      5. We have no control over or responsibility for any transactions whatsoever entered into with the Spread Betting Company;

      6. Our obligations to you are limited solely to:

        1. Using reasonable endeavours to recover commission from the Spread Betting Company arising from the Introduction.

        2. Notifying you by way of a monthly statement published within the My Account section of this website of any Rebate (as defined in clause 6 below) that becomes due to you; and

        3. Paying any Rebate (as defined in clause 6 below) that becomes due to you in accordance with the clauses 6 and 7 below.

    4. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party supplier through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights or any claim you may have against the third party supplier.

  6. rebate

    1. For the purpose of these terms and conditions the term "Rebate" shall mean the proportion of any commission that we receive from a Spread Betting Company which relates directly to the Introduction and which we have agreed to pay to you in accordance with clause 6.3 below.

    2. YOUR ENTITLEMENT TO A REBATE IS WHOLLY CONDITIONAL UPON OUR RECEIPT OF COMMISSION IN CLEARED FUNDS FROM THE RELEVANT SPREAD BETTING COMPANY.

    3. Subject to clause 6.2, the amount of Rebate due to you shall be calculated each month in accordance with the tables contained within the attached link: [insert link to commission rebate tables]. We shall use all reasonable endeavours to keep the tables within this link complete and up to date.

    4. We will notify you of any Rebate due to you via the My Account section of this website.

    5. You acknowledge and accept that a Spread Betting Company may vary the level and timing of commission payable to us at any time on notice to us. We will notify you via the My Account section of this website of any changes to the commission terms of any Spread Betting Company applicable to you. If the amount of commission payable to us is varied, we reserve the right to vary the amount of Rebate payable to you.

    6. For the avoidance of doubt, if for any reason we do not receive commission from a Spread Betting Company related to an Introduction then we shall have no obligation whatsoever to pay a Rebate.

  7. rebate payment terms

    1. You can claim your Rebate in one of the following ways only:

      1. Pay Pal;

      2. Any other electronic payment method offered by us from time to time.

    2. Rebates must be claimed in accordance with clause 7.1 within 18 months of the date of the relevant monthly statement confirming that it is available for payment. If a Rebate is not claimed within this period you will lose your right to payment of that Rebate and hereby unconditionally waive your right to payment of such Rebate after that date.

  8. Consumer rights

    1. If you are contracting as a consumer, you may cancel this agreement at any time within seven working days, beginning on the day after you activate your account in accordance with clause 4 above.

    2. To cancel this agreement, you must inform us in writing by emailing us at the following address: contact@spreadback.co.uk.

  9. Our liability

    1. We warrant to you that we will use reasonable endeavours to ensure information provided on our website is complete, accurate and not misleading to the extent that it is within our reasonable area of knowledge.

    2. Our liability for losses you suffer as a result of us breaking this agreement or from any tort (including negligence) is strictly limited to the amount of Rebate due to you in the month in which the loss has occurred.

    3. This does not include or limit in any way our liability:

      1. For death or personal injury caused by our negligence;

      2. Under section 2(3) of the Consumer Protection Act 1987;

      3. For fraud or fraudulent misrepresentation; or

      4. For any deliberate breaches of these Terms by us that would entitle you to terminate the contract between us.

      5. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

    4. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:

      1. loss of income or revenue

      2. loss of business

      3. loss of profits or contracts

      4. loss of anticipated savings

      5. loss of data

      6. betting or trading losses.

      5. provided that this clause 9.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 9.1 or clause 9.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 9.4.

    5. Where you contract with a Spread Betting Company through our site, the Spread Betting Company's individual liability will be set out in its terms and conditions.

  10. Written communications

    Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  11. Notices

    All notices given by you to us must be given to SPREADBACK LIMITED at contact@spreadback.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 10. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

  12. Transfer of rights and obligations

    1. The contract between you and us is binding on you and us and on our respective successors and assigns.

    2. You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or obligations arising under it, without our prior written consent.

    3. We will not transfer, assign, charge, sub-contract or otherwise dispose of this agreement, or any of our rights or obligations arising under it, without providing written notice to you giving reasonable notice.

  13. Waiver

    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

    2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

    3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 11 (Notices).

  14. Severability

    If any of these terms and conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

  15. Entire agreement

    1. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of this agreement. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.

  16. Our right to vary these terms and conditions

    1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in the terms of our contract with any Spread Betting Company, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

    2. You will be subject to the policies and terms and conditions in force at the time that you request to register an account with us, unless any change to those policies or these terms and conditions is posted on our website or sent to you via email.

  17. Termination

    Without prejudice to clause 9 (Consumer Rights), either party may terminate this agreement on providing one months notice in writing to the other.

  18. Law and jurisdiction

    Contracts made through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.