Terms & Conditions
By installing our Mobile platform and logging in, you agree to be bound by the following Terms & Conditions.
Terms and Conditions
The software that is used to access our mobile dealing platform (the "Software") is provided by IG Index ("us", "we" and our"), a company incorporated in England. Your access to and use of the Software is subject to these terms and conditions, our Customer Agreement ("Customer Agreement"), and any notices, disclaimers or other terms and conditions or other statements contained in or downloaded by the Software (referred to collectively as "Terms and Conditions"). By using the Software you agree to be subject to the Terms and Conditions. In the event of any conflict between these terms and conditions and the Customer Agreement, these terms and conditions will apply.
Responsibility of users
The information in or downloaded by the Software is not directed at residents of the United States or any particular country outside the UK and is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of users of the Software to ascertain the terms of and comply with any local law or regulation to which they are subject.
Products and Services
Not all products and services referred to in the Software or in information downloaded by the Software are necessarily provided by us. The identification or use of any third party products, services, websites or networks is not an endorsement of such products, services or websites or networks. The Software may allow you to access websites and networks provided by persons other than us via a hypertext or other link. We accept no responsibility or liability of any kind in respect of any materials on any website or network that is not under our direct control. You acknowledge that your access to such other websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network.
Third party offers
The Software may contain or download references to other special offers or promotions by persons who are not part of our group of companies. Subject to any applicable law that cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify each member of our group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in information downloaded by the Software.
Dealing
The Software allows you to open and close positions with us and gives you access to account information including your open positions as well as other features. You can open or close a position on the entry screen by hitting the BUY or SELL button. A confirmation will appear on screen and the new position should be reflected in your account information.
Privacy
We will comply with obligations imposed on us by applicable Data Protection legislation, including the UK Data Protection Act 1998. We will use personal information provided by you in accordance with the provisions of the Customer Agreement.
Confidentiality
Upon your registering to use our mobile dealing platform we will provide you with access details. It is your obligation to keep these details confidential and you should not disclose them to anyone else. You acknowledge and agree that any instruction or communication transmitted by you or on your behalf via the Software is made at your own risk. You authorise us to rely and act on, and treat as fully authorised and binding upon you, any instruction given to us that we believe to have been given by you or on your behalf by any agent or intermediary whom we believe in good faith to have been duly authorised by you. You acknowledge and agree that we will be entitled to rely upon your account number and/or password to identify you and you agree that you will not disclose this information to anyone not duly authorised by you.
Disclaimer and limitation of liability
We do not warrant that the operation of the Software will be uninterrupted or entirely error free.
The Software may, from time to time, be subject to error or failure, with results that include, but are not limited to, the following:
- your having difficulty in communicating with us via our mobile dealing platform;
- your receiving misleading or inaccurate information from the Software, including information about our prices;
- your being unable to open or close bets;
- your failing to receive messages that we send to your mobile device;
- other problems caused by software or hardware malfunctions.
Error or failure of the Software may result in loss or damage to you that includes, but is not limited to, the following:
- your being unable to open or close a bet via our mobile dealing platform at a time when you wish to do so;
- your believing that you have placed a bet when our records show that we have not accepted a bet from you, or your believing that you have not placed a bet when our records show that we have accepted a bet from you;
- your placing or not placing bets on the basis of inaccurate information about our prices;
- other errors or omissions caused by error or failure of the Software.
To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through access to or use of the Software, our failure to provide the Software, or the incompatibility of the Software with any mobile device. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Software or any part of it, or for any problems with the Software, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying the Software or any part of it to you, or to paying for the resupply of the Software or any part of it to you.
If, as a result of the error or failure of the Software, our computer records are at variance with your own records or recollection of your betting, the version of events supported by our computer records will prevail and your obligations to us (and our obligations to you), including the obligation to pay any money, will be assessed and calculated on the basis that our computer records are correct.
We will have no liability to you, whether in contract or in tort (including negligence) in the event that any computer viruses, worms, software bombs or similar items are introduced onto your mobile device via the Software, provided that we have taken reasonable steps to prevent any such introduction.
You will take all reasonable steps to ensure that no computer viruses, worms, software bombs or similar items are introduced into the Software or any mobile device that is used to access or use the Software.
Jurisdiction
The Terms and Conditions are governed by the law in force in England, and the parties irrevocably submit to the non-exclusive jurisdiction of the English courts for determination of any dispute concerning the Terms and Conditions.
Amendment
Whilst we have made every effort to ensure the accuracy of the information in or downloaded by the Software, the information in or downloaded by the Software is subject to change, often without notice.
The Terms and Conditions may be modified at any time by us and you agree to continue to be bound by the Terms and Conditions as modified. We will give you notice of these changes by publishing revised terms and conditions via the Software - we will not separately notify you of these changes.
Severability
If the whole or any part of a provision of the Terms and Conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the Terms and Conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
Copyright
All copyright, database rights, trade marks and other intellectual property rights in the content of the Software and any information downloaded by the Software belongs to us or our licensors. Except where necessary in order to view the information in or downloaded by the Software on your mobile device, or as permitted under English law or the Terms and Conditions, no information in or downloaded by the Software may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.
Notices
We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address will be deemed to have been delivered at the time of sending.
Termination
We have the right to terminate your access to or use of the Software if we determine in our sole discretion that you have breached the Terms and Conditions.