Terms and Conditions of Use for the Star Spreads Website
1 The Scope of these Terms and Conditions
1.1 These terms and conditions of use for the Star Spreads website (hereinafter called the ‘Terms’) are the terms on which the Star Spreads website www.StarSpreads.com and its associated platforms (hereinafter called the ‘website’) is made available to you (hereinafter referred to as ‘the client’, ‘you’ and ’your’) and also cover all services, functionality, data and software (hereinafter called the ‘services’) made available via the website.
1.2 Please read these Terms carefully before using the website and tick the box at the end of them to confirm that you have read them. By accessing and using the website you agree to be bound by these terms whether or not you register through the website, log into your account or simply place a bet. You should not access the website or any services on it unless you agree to abide by the Terms.
1.3 Certain services that are available to you on or via the website may be subject to additional terms and conditions. These additional terms and conditions will be notified to you when you access the relevant part(s) of the website and will be incorporated into the Client Agreement once you accept them and will take precedence in the event of any conflict between such additional terms and conditions and the Terms.
2 Information About Star Spreads Limited
2.1 Star Spreads Limited (hereinafter referred to as ‘Star Spreads’, ‘we’, ’us’ and ’our’) was launched late in 2009 as a dedicated spread betting service. Like its parent company Star Sports Limited, Star Spreads continues to grow on the back of its reputation for offering not just a quality service, but also by accommodating some of the largest bets struck in the industry and by rewarding the loyalty of its clients. Star Spreads launched its on-line spread betting service in 2012.
2.2 Star Spreads is licensed in and operates in the Republic of Ireland. Our address is: Star Spreads Limited, The Connolly Building, 42/43 Amiens Street, Dublin 1, Ireland. Our Company Number is 475533.
2.2 If you have any queries, comments or complaints regarding the website and the services offered you may contact us by post at the above address, by e-mail on enquiries@StarSpreads.com or by telephone on 1800 624 624 (in Ireland), 0808 234 9709 (in the UK) or 00353 (0) 1884 8114 from outside Ireland.
3 Our Services and Prices
3.1 Star Spreads provides a spread betting service through this website, mobile technology, telephone betting and various other forms of electronic communication methods all of which utilise specialist pricing data generated by our analysts.
3.2 As new technologies are developed, the ways in which we provide our services and allow you to access them may change. Unless explicitly stated otherwise, any new features of the services or methods through which you access the Services will be subject to these Terms.
4 Intellectual Property Rights
4.1 The website and the copyright in all software, text, graphics, images and any other materials are owned by Star Spreads or its licensors. You may only use the materials on our website wholly for your own personal use and solely for non-commercial uses except as permitted by the client agreement.
4.2 You acknowledge that you may only display on a computer screen or print extracts from the website for the purposes stated at clause 4.1 above and without any alteration, modifications and deletions thereto. You further acknowledge that except as expressly provided for herein you will not alter, modify, reproduce, distribute, erase or commercially exploit any materials from the website without our written permission.
4.3 You acknowledge that Star Spreads and the Star Spreads logo are trademarks of Star Spreads. You further acknowledge that you may reproduce these trademarks without alteration and any material downloaded from this website to the extent as authorised in clauses 4.1 and 4.2 herein, but that you will not otherwise use, copy, adapt or erase them without the prior written consent of Star Spreads.
4.4 Subject to clauses 4.1, 4.2 and 4.3 herein all intellectual property rights including without limitation database rights, copyright, trademarks, service marks and all and any other recognised intellectual property rights in all material or content including but not limited to all and any pricing data, logos, graphics, photographs, animations, videos, underlying source code, software and text supplied or made available by us on the website, the platforms or by other electronic means remain at all times vested in us or our licensors as appropriate. You agree that you are not permitted to use, copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of any such material or content or assist or facilitate any third party to do so unless expressly authorised by these Terms or in writing by us or our licensors as appropriate.
4.5 Subject to clauses 4.1, 4.2 and 4.3 all names, images and logos identifying us, our partners or other third parties and our or their products and services contained on the website are proprietary marks and may not be reproduced or otherwise used without express prior written permission from the owner of the proprietary mark or trademark.
4.6 You acknowledge that if you submit any information, text, photos, graphics or other content to us via the website or any other electronic means you grant us full rights to use such materials as we see fit and at our own discretion including but not limited to editing, copying, reproducing, disclosing, posting and removing such materials from the website.
5 Accessing the Website Content and Data
5.1 By using the website you acknowledge and agree to all of the following personal warranties and representations:
a) You are not a resident of, and are not attempting to access the website from within, a country where gambling and/or spread betting is prohibited. The website and/or the services do not constitute an offer, solicitation or invitation by us for the use of or subscription to gambling, spread betting or other services in any jurisdiction in which such activities are prohibited by law (including without limitation the USA, the Netherlands, Australia, Turkey, Germany, Norway, Portugal, Hong Kong, France, Israel and China). If you access the website from outside of Ireland, you do so at your own risk.
b) You are at least 18 years of age or are above the legal age for gambling and/or spread betting under the relevant law of the country in which you are when accessing the website.
c) You will only use the website or services, or display on a computer screen or print extracts from the website for your own personal use and, except as permitted by the Client Agreement, solely for non-commercial uses.
d) You will only download or copy account information for your own personal use unless you are legally required to do so by an official body.
e) All information and details provided by you to us are true, accurate and will be kept up-to-date by you.
5.2 By using the website you acknowledge and agree to all of the following personal warranties and representations:
a) You will not copy, reproduce or duplicate the platforms or any content or data displayed on the website.
b) You will not access or attempt to access the accounts of other users.
c) You will not link to this website or frame it without our express prior written permission.
d) You will not modify, alter, reproduce, distribute and/or commercially exploit any materials from the website or platforms without our prior written permission except as expressly stated herein.
e) You will not penetrate or attempt to penetrate the website security measures or otherwise gain unauthorised access to the website or the servers on which the website is stored or to any platform, computer or database connected with the website.
f) You will not use data mining, robots or similar data gathering and extractions tools on the website or platforms.
g) You will not knowingly or negligently introduce viruses, Trojans, worms, logic bombs or any other harmful material on to the website or our servers or use the services in any way that interrupts, damages, impairs or renders the website or service less efficient.
h) You will not use, attack or attempt to attack the website via a denial-of-service attack or a distributed denial-of-service attack.
i) You will not use the website or services for any unlawful purpose or in any way that may encourage any criminal activity.
j) You will not knowingly assist or enable any other person to do any of the above.
5.3 By using the website you confirm that any decisions or actions taken by you, whether or not on the basis of information provided on or via the website, are at your sole discretion and risk and that you will obtain individual professional advice where necessary before acting. We do not make any representation or give any warranty (whether express or implied) in respect of the website or its content including but not limited to any advice given and statements made by advertisers on or via the website.
6 Links To and From Other Websites
6.1 We may provide links to other websites from time to time (including without limitation for advertising or information purposes). These links are provided solely for your ease of reference and as a convenience only and we do not imply any endorsement of the material contained in such websites or any association with their operators. We have no control over any third party websites and we do not make any representations as regards the content or accuracy of any materials on such third party websites. We are not responsible for their contents. You access these links at your own risk. We accept no liability in respect of any loss or damage that you may suffer by using those websites. The provision of links to any services as so provided by any third party are beyond our control and we will accept no liability for any direct, indirect, consequential, incidental or punitive losses arising out of any access by you and the use of any information or other material so provided.
7 Suspension of Access
7.1 We reserve the right to suspend, restrict or terminate your access to the website or services at any time without notice at our discretion if we have reasonable grounds to believe you have breached any of the Terms herein and in particular if you have committed any of the acts prohibited in clause 5.2 herein. This will not limit our right to take any other action against you that we consider appropriate if you commit any of the acts prohibited in clause 5.2.
8 Our Legal Obligations and Liability
8.1 In the event that you apply to become a client of us and receive services from us, you will be required to accept our Client Agreement. This Client Agreement will govern your relationship with us and our liability to you in respect of services rendered thereunder.
8.2 Although the website is regularly updated we do not warrant that the information or materials contained in it are current or accurate or that any of the products or services displayed or featured on the website are available. We may change the information or materials appearing on our website at any time without notice.
8.3 You acknowledge that except as stated herein in respect of our services, this website, its platforms and all the software and other materials on the website are provided to you on an ‘as is’ and ‘as available’ basis without any representation or warranty by us as to accuracy, timeliness and/or completeness. You further acknowledge that all representations and warranties whether express, implied, statutory or otherwise, including but not limited to any warranties or conditions of or related to accuracy, currency, merchantability, satisfactory quality or fitness, for a purpose or any purpose are hereby excluded to the maximum extent permitted by law. As such, we disclaim any representations or warranty that the website or materials will meet your requirements.
8.4 You acknowledge that we will not be liable to you whether in contract, tort including in negligence and breach of statutory duty, strict liability or otherwise for any damage to your computer system, computer programs or loss of data, revenue or profits, or for any indirect, incidental, special or consequential damages of any nature whatsoever that you may suffer arising out of your use, delay in using or inability to access our website or in any other way connected with our website, including but not limited to the downloading of any software from our website, a distributed denial of service attack, viruses or other technologically harmful material.
8.5 We disclaim any representations or warranty that the website or any software will be free from viruses, Trojans, worms, logic bombs or any other harmful material. You should take personal steps to protect the security of your computer system, computer programs and protect against loss of data both physically and electronically by utilising common best practice.
8.6 We disclaim any representations or warranty that the information on the website will be free from errors or omissions. Errors and omissions excepted you must log into your account to obtain the most up-to-date pricing data as all prices shown when not logged in are delayed to prevent any illegal or improper use of our data. We make all reasonable efforts to correct any errors or omissions as soon as practicable once they have been brought to our attention.
8.7 We disclaim any representations or warranty that the website or any software will be secure or uninterrupted as we cannot be held responsible for computer malfunctions, failure of telecommunications services or internet connections. In the event of system failure, maintenance, repair or any other reason beyond our control access to the website may be suspended temporarily and without notice.
8.8 We do not accept liability for any breach of these Terms by us if such a breach is due to circumstances beyond our reasonable control including without limitation industrial disputes, nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law or governmental order or regulation coming into force after the date of these Terms, failure of technical facilities (including but not limited to internet failures, computer equipment failures, telecommunication equipment failures).
8.9 Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence or the negligence of our employees and/or agents.
9.1 You agree to indemnify, defend and hold Star Spreads, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, damage, cost, claims or demand, including reasonable legal fees, made by any third party or suffered by Star Spreads, its parents, subsidiaries, affiliates, officers and employees in connection with or arising out of your use of our website in breach of these Terms or in negligence.
10 The Entire Agreement and Changes to These Terms and Conditions
10.2 We reserve the right at our sole discretion to change, add to or delete any part of these Terms at any time. We will notify you of any such changes by posting an updated version on the website. It is your responsibility to regularly check the website for any changes to these Terms and by continuing to use the website and services after any such changes are published you are confirming your agreement to the changes.
11.1 If any provision of these Terms is held by a court or regulator to be invalid or unenforceable such provision shall be struck out and the remaining provisions shall remain in force.
12 Assignment and Third Party Rights
12.1 You shall not assign, transfer or charge any of your rights and/or obligations under these Terms. We are entitled to assign, transfer and charge our rights under these Terms.
12.2 Unless expressly stated, nothing in these Terms shall create or confer any rights or any other benefits to a third party. This does not affect our right to transfer this Agreement.
13 Governing Law and Jurisdiction
13.1 This website, including these terms, shall be governed by the laws of the Republic of Ireland and the Court of the Republic of Ireland will have exclusive jurisdiction over any disputes arising from this website.
Star Spreads Anti Money Laundering Policy
Spreads is licenced and regulated by the Irish Revenue.
Under the Licence Conditions issued by the Revenue Star Spreads is required to have in place adequate measures to prevent its systems from being used for the purposes of money laundering, terrorist financing or any other criminal activity. Star Spreads is therefore obliged to follow the provisions contained in the Irish legal framework namely the Proceeds of Crime Act 1996 (POCA), the Terrorism Act 2006, and any guidance notes issued by the relevant Authorities.
Star Spreads will take measures to prevent the Company and its Staff being exposed to money laundering, to identify areas in which money laundering may occur and to comply with legal and regulatory requirements, especially the process for reporting actual or suspected money laundering cases to the Star Spreads Money Laundering Reporting Officer. It is the responsibility of every MLRO to be vigilant and act promptly in all suspected cases.
The Proceeds of Crime Act 1996, the Terrorism Act 2006 and the Money Laundering Regulations 2010 place obligations on Star Spreads and its employees with respect to suspected money laundering, the key points being:
1.1 The reporting and detection of suspected money laundering.
1.2 Officers must be vigilant for the signs of money laundering.
1.3 Any employee who suspects money laundering activity must report this promptly to the Companies Money Laundering Reporting Officer (see reporting form for completion by the officer suspicious of activity).
1.4 Where the Company is carrying out certain regulated activities during day to day business then the customer due diligence procedure must be followed, for example some Treasury Management activities are regulated by the Financial Services Authority.
1.5 The Money Laundering Regulations are complex and detailed and should there be any doubt about the policy requirements, please request further information from line management.
Objective of the Policy
Star Spreads is fully committed to be constantly vigilant to prevent money laundering and combat the financing of terrorism, in order to minimise and manage risks such as the risks to its reputational risk, legal risk and regulatory risk. It is also committed to its social duty to prevent serious crime and not to allow its systems to be abused in furtherance of these crimes.
Star Spreads commits itself to protect at all times, the organisation and its operations and safeguards its reputation and all from the threat of money laundering, the funding of terrorist and other criminal activities.
2.1 The policy applies to all Star Spreads Staff and sets out procedures for the reporting of suspected money laundering activities with the aim to reduce potential criminal activity. The policy defines procedures that will assist the council to comply with its legal obligations.
2.2 The Policy should be read in conjunction with the Companies Whistleblowing Policy, Anti-Fraud and Corruption Policy and the Treasury Management Practice – money laundering guidelines.
2.3 Failure of an MLRO or member of Staff to comply with the procedures defined within this policy may lead to disciplinary action in line with Star Spreads Disciplinary Policy Procedures.
2.4 Failure of a member of Star Spreads Staff to comply with the procedures defined within this policy would be reported to their Line Manager for further action.
3.What is Money Laundering
3.1 Money laundering is a term used which relates to offences involving the proceeds of crime or terrorism funds. The following acts are defined as acts of money laundering:
3.2 Concealing, disguising, converting, transferring criminal property or removing from the Ireland (POCA 1996).
3.3 To enter into or become concerned in an arrangement which you know or suspect will assist the acquisition, retention, use or control of criminal property or on behalf of another person).
3.4 Acquiring, using or possessing criminal property.
3.5 These are primary money laundering acts; two secondary offences are also defined which relate to the failure to disclose any of the three primary acts and tipping off. Tipping off is where someone informs a person or persons involved in, or suspected to be involved in money laundering acts, in such a way as to reduce the likelihood of their being investigated.
3.6 While the risk to Star Spreads of breaching legislation is low, staff in all areas should be aware that they could be potentially exposed to money laundering acts. It is important that all employees are aware of their responsibility to report any suspicions of money laundering activity as detailed within this policy (see reporting). All officers are responsible to act promptly and report any suspicions to the Money Laundering Reporting Officer to prevent any breach of legislation which can lead to serious criminal penalties.
4.The Money Laundering Reporting Officer
4.1 The officer nominated to receive disclosures about money laundering activity is the MLRO. The Money Laundering Reporting Officer will deal will all disclosures confidentially and make decisions on reporting the activity to the Revenue in the appropriate manner, all reports will be retained for five years.
In order to adhere to the requirements of the POCA, Star Spreads have the following measures in place:
5.1 Take reasonable steps to establish the identity of any person for whom it is proposed to provide its service. For this purpose, due diligence must be carried out before the opening of a User Account. The minimum checks on account opening are detailed in the terms and conditions.
5.2 For deposits greater than €2000 consideration should be given to carrying out checks that the source of funds is relative to the customers spend.
5.3 Ensure players withdrawing funds are withdrawing to the same payment method as the original deposit was made on.
5.4 Where there is possible disparity between source of funds and levels of play enhanced KYC is undertaken.
5.5 KYC is used is used to determine customer profiles – providing staff/managers with an expectation of their transactional behaviour.
5.6 Collect the appropriate data to identify significant high spending/high risk customers.
5.7 Customers identified as significant high spending /high risk are subject to enhanced KYC
5.8 Where a customer’s spend changes from the initial information profile or differs from the norm, those customers are subject to enhanced KYC and additional data is collected
5.9 There is clear oversight of a customer’s activity and that actions are co-ordinated.
5.10 Provide initial and ongoing training to all relevant staff so that they are aware of their personal responsibilities and the procedures in respect of identifying Players, monitoring Player activity, record-keeping and reporting any unusual/suspicious transactions.
Examples of suspicious behaviour and suspicious activity monitoring are tailored to individual roles/levels.
5.11 Staff knowledge is regularly tested in a manner that allows for failings to be addressed and any breach of policy is followed up by retraining.
5.12 AML policies & procedures are subject to regular review and (if required) updated
5.13 Examine with special attention, and to the extent possible, the background and purpose of any complex or large transactions and any transactions which are particularly likely, by their nature, to be related to money laundering or the funding of terrorism.
5.14 Report any suspicion or knowledge of money laundering of terrorism financing to the Revenue), through Nominated Officer.
5.15 Where identified concerns have not been satisfied via enhanced KYC either a Suspicious Activity Report (SAR) is submitted or consent request is made or any business relationship is ended.
6.Cash Handling Procedure
Cash transactions are subject to the Anti-Money Laundering Policies of the Star Spreads which must be followed to ensure compliance with the law and mitigate the risk of the Star Spreads being used for the purposes of Money Laundering.
6.1The business requires for every cash transaction of €2000 or greater, the procedure detailed below is to be followed:
6.2 The client must undergo the ‘Know Your Customer’ (KYC) procedure which entails:
6.3 Obtaining Proof of Identity in the form of Picture ID – Passport, Driving License or ID Card
6.4 Proof of Address in the form of a utility bill or bank statement
6.5 Electronic Verification – Call Validate or other service provider
6.6 Open Source Verification – Information of public record which would clear identify the individual as the person the Company is transacting with.
Maintaining a record of the KYC – this must be documented and maintained in a format that if required, could be presented to external parties. This can be:
6.7 Copies of any documentation provided for KYC purposes
6.8 Copies of any open source material used to verify the client, i.e. Call Validate
7.Source of Funds
Proof of the source of the funds if required
7.1 Bank Statement
7.2 Transaction Receipt for the Cash presented
7.3 Open Source Verification – Information which is of public record which would clear identify the individual’s:
7.3b Economic Circumstances
7.3c Spending is in keeping with their circumstances
Cash deposits can only be used in the following ways:
7.4b Funding a betting account
7.5c Repaying an outstanding credit limit
Non-Wagered cash deposits should be returned exactlyas they were received to the depositor.
Underno circumstancesshould deposited cash be used to pay 3rdParties or fund 3rdParty accounts.
Where cash has been deposited and the betting activity is not commensurate with the deposited amount, a Suspicious Activity Report should be submitted to the company MLRO via email: firstname.lastname@example.org
If there is any suspicion regarding the deposit for any reason a Suspicious Activity Report should be submitted to the company MLRO: email@example.com
The Company has a legal obligation to comply with the law; therefore, all staff must comply with this policy. Failure to comply will be considered an act of gross misconduct and could result in disciplinary action and termination of employment
Any Star Spreads employee who suspects money laundering activity should report their suspicions promptly to the Money Laundering Reporting Officer using the form attached (see reporting form for completion by the Money Laundering Reporting Officer, referenced AML Form 1), upon receipt of the report the Money Laundering Reporting Officer may contact you directly to discuss the content of the report as required.
No further enquiries should be made about the suspected money laundering after reporting to the Money Laundering Reporting Officer for action. No further steps in any transaction relating to the suspected money laundering should be made without authorisation from the Money Laundering Reporting Officer.
No disclosure should be made to others that would indicate suspicions of money laundering. Any member of Staff reporting should not discuss the matter with others or note on file that a report has been made to the Money Laundering Reporting Officer as this may result in the suspect becoming aware of the situation.
The Money Laundering Reporting Officer will promptly evaluate any Disclosure Report to determine whether it should be reported to the Revenue.
The Money Laundering Reporting Officer will, if necessary, promptly report the matter to the Revenue on the standard electronic report form in the prescribed manner via ROS portal.
Failure to report a disclosure to the Revenue is considered a criminal offence without reasonable grounds.
All disclosures will be retained on file for five years.
9.Customer Due Diligence
Extra care needs to be taken when Star Spreads is carrying out regulated activities, this is known as customer due diligence. Due to the nature and stringent guidelines for regulated business, you will be aware if your duties involve regulated activities.
If customer due diligence (CDD) applies, you must seek evidence of identity, for example:
9.1 Confirm address provided by Customer.
9.2 Conduct an on-line search via Companies house if necessary, to confirm the nature of business, and identity of any directors.
9.3 Seek evidence from the key contact of their personal identity following the guidelines for identifying customers.
Identification must be retained for five years after the end of the business relationship.
10.Guidance and Training
Star Spreads will make all employees aware of the requirements and obligations placed on the Company and on themselves as individuals by anti-money laundering legislation and give targeted training to those most likely to encounter money laundering.