PlayFallsview | Terms & Conditions
TERMS AND CONDITIONS of MGE Digital Canada Inc.
These Terms and Conditions (“Terms and Conditions”) apply to, and are binding upon You if You participate at the Casino.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITIES THAT AFFECT YOUR RIGHTS.
These Terms and Conditions apply to all monies and wagers accepted by MGE Digital Canada Inc. (“MGE Digital”) and all Services offered by, and on any Website provided by MGE Digital (“the Website(s)”), including PlayFallsview.com™.
MGE Digital operates the Websites as part of the open and regulated internet gaming market in Ontario conducted and managed by iGaming Ontario (“iGO”). The Player’s gaming contract is with MGE Digital as the provider of Services to the Player on behalf and as agent to iGO.
THESE TERMS AND CONDITIONS ESTABLISH THE RULES GOVERNING YOUR PARTICIPATION AT THE ONLINE CASINO, YOUR ACCESS AND USE OF THE WEBSITES AS WELL AS YOUR USE OF ANY OTHER SERVICE OFFERED BY US. UNLESS OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS.
THE COLLECTION, PROCESSING, STORAGE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS IT RELATES TO YOUR PARTICIPATION AT THE ONLINE CASINO AND YOUR USE OF THE WEBSITES IS DESCRIBED IN OUR PRIVACY STATEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE. BY PARTICIPATING IN THE ONLINE CASINO, ACCESSING OR USING OUR WEBSITE, OR USING ANY OTHER SERVICES OFFERED BY US, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE PRIVACY STATEMENT, AVAILABLE AT https://play.playfallsview.com/c/privacy-policy/.
YOU ARE PROHIBITED FROM PARTICIPATING AT THE ONLINE CASINO (AS SUCH TERM IS DEFINED BELOW) AND FROM PLAYING ANY GAMES HOSTED ON THE WEBSITES (AS SUCH TERM IS DEFINED BELOW) IF YOU ARE ON ANY PATRON SELF-EXCLUSION LIST OR OTHER PATRON EXCLUSION LIST WHICH INCLUDES ANY STATUTORY OR REGULATORY EXCLUSION LISTS OR DIRECTORIES WHERE INDIVIDUALS NAMED THEREIN ARE LEGALLY PROHIBITED FROM PARTICIPATING.
DEFINITIONS
These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on this Website or in connection with the Online Casino. In these Terms and Conditions:
“Account” means a unique Account that has been issued to You by
the Online Casino;
“Agreement” means these Terms and
Conditions;
“Charge-back” means when You, a credit card
issuing bank, or any other third party payment solutions provider effects a
reversal of charges in relation to Your credit card or third party deposit
transaction;
“Closed Player Account” means an Account that
has been closed, deregistered or excluded by either us or
You;
“Content” means all material, including without
limitation information, software, data, text, editorial content, design
elements, formatting, graphics, images, photographs, video, audio, music, sounds
and other content contained in, made available through or delivered by means of
the Services or otherwise made available in connection with the Services,
excluding Your Content;
“Dormant Account” means an account
that has been idle for twenty-four (24) consecutive months;
“Dormant
Player” means a Player who has a Dormant Account;
“Guest
Player” means a Player who utilizes free-play casino credits with
no monetary value to place wagers at the Casino;
“Inactive
Account” means an Account which has not recorded any login or
logout for a period exceeding thirty (30) consecutive days without the
requirement of any financial transaction;
“Mobile
Casino” means the Online Casino and its offerings if they are
accessed using mobile devices or applications, and any mobile application
creates specifically to access the Online Casino and its
offerings;
“Online Casino” means the casino
accessed via the Casino Website and owned or operated by
us;
“Online Casino Group” means
collectively all the online casinos proprietary to
us;
“Online Casino Website” means
PlayFallsview.com™ or any other site through which the Online Casino may be
offered or accessed from time to time;
“Participate” means,
without limitation, any of the conduct described in Sections 4.1.1 to 4.1.7
below and visiting the Online Casino Website, playing any games offered by the
Online Casino at the Online Casino, or utilizing the Online Casino, Online
Casino Website and/or the Software in any manner
whatsoever;
“Payment Service
Provider” means a third party with whom we have an arrangement
to process money transfers;
“Players” means a Real Player, a
Guest Player, a Dormant Player or a Closed Account
Player;
“Real Player” means any player who
has registered an Account at the Online Casino;
“Service” or
“Services” means the availability and provision of Software
that enables You to play at the Online Casino or Mobile Casino using the
Internet in connection with Your use of the mobile applications, online and
mobile games, being prescribed online lottery schemes iGaming Ontario is
authorized to conduct and manage pursuant to, and as set forth in, the
Alcohol, Cannabis and Gaming Regulation and Public Protection Act, 1996
(Ontario), Your participation in promotions and giveaways that may be
sponsored by either us or third party companies, including any MDC Party or MDC
Parties (as defined in Section 4.1 herein), Your interactions with the server
software, web technologies and branded websites used to provide any of the above
and any communications You may have related thereto and any other related
services;
“Self-Exclusion” means the program and associated
processes through which Player’s voluntarily elect to exclude themselves from
gaming sites for a prescribed period of time;
“Software”
means any software owned by or licensed to that must be downloaded or otherwise
used in order for You to participate at the Online Casino or in any Flash
Games;
“We”, “us” or “our”
means MGE Digital Canada Inc., which is the owner and operator of the Online
Casino Website.
“You” or “Your” means any
person who seeks to access or use the Websites.
“Your
Content” means any information, software, data, text, editorial
content, design elements, formatting, graphics, images, photographs, video,
audio, music, sounds and other content that You contribute, provide, post or
make available using the Services.
“Your
Jurisdiction” means the jurisdiction in which You are
domiciled, reside or work.
TERMS
1. Your Participation at the Online Casino
1.1 Participation
1.1.1 Participation at the Online Casino, access and use of the Websites and use of Services offered by us is at Your sole option, discretion and risk.
1.1.1.1 Internet Gambling may be illegal in Your
jurisdiction. The Online Casino is not intended to enable You to contravene
applicable law and is only to be used if You are 19+ and located in the Province
of Ontario.
1.1.1.2 The Online Casino cannot open accounts or process bets or
financial transactions for individuals residing outside of the Province of
Ontario.
1.1.2 The following individuals are not eligible to participate at the Online Casino or to otherwise use the Services, and by registering You acknowledge and confirm that each of the following categories does not apply to You:
1.1.2.1 An individual who is physically situated
outside the Province of Ontario;
1.1.2.2 An individual under 19 years of age.
We reserve the right to ask for Your proof of age and suspend Your Account until
satisfactory documentation is provided;
1.1.2.3 An individual that is
participating in a self-exclusion process that applies to the
Websites;
1.1.2.4 An individual who has been restricted from accessing the
Websites or playing a lottery scheme as a condition of a court order;
1.1.2.5
An individual has been excluded from the Websites under subsection 3.6(1) of the
Gaming Control Act, 1992;
1.1.2.6 Officers, members of the board of
directors, or partners of MGE Digital;
1.1.2.7 Executives or staff of a trade
union who represent or negotiate on behalf of employees employed by MGE
Digital;
1.1.2.8 Employees of registered suppliers who maintain or repair
gaming equipment for the Websites; and
1.1.2.9 Members or employees of the
Alcohol and Gaming Commission of Ontario, and officers, members of the board of
directors, or employees of Ontario Lottery and Gaming Corporation or iGO, unless
they are within the description set out in subsection 22(6) of Ontario
Regulation 78/12.
1.1.3 We do not warrant the legality of Your
participation at the Online Casino in terms of the laws of Your
Jurisdiction.
1.1.4 We have the right to request that You furnish us with
proof of Your identity and age as a condition precedent to us allowing You to
participate at the Online Casino. All information supplied when registering with
the Website or otherwise required to access the Online Casino must be accurate
and complete in all respects.
1.1.5 You hereby authorize us and our
designated agents as and when we require, to confirm Your identity and Your
right to use the monies that You wager at the Online Casino.
1.1.6 You may
not open and maintain more than one account at any point in time.
1.1.7 The
Online Casino, at its discretion, reserves the right to pay any winnings in
Canadian Dollars, to require any and all bets or plays to be in Canadian
Dollars, to facilitate all purchases using Canadian Dollars, and to require all
withdrawals to be in Canadian Dollars.
1.1.8 We have the right to verify Your
Account information at any time and suspend Your Account pending adequate
verification. You are asked to keep Your registration details up to date. If You
change Your address, email, phone number or any other contact or personal
information You are obligated to contact Player Support in order to update Your
Account information.
1.1.9 You agree to receive communications from the
Online Casino Group and its marketing agents.
1.1.10 The Online Casino does
not allow Players to gamble on credit. However, currency usable in the Online
Casino may be available for purchase using credit or debit cards. Neither this
nor any part of these Terms and Conditions should, in any way, be construed to
imply or infer that Players should seek additional credit in order to play any
game or use any feature on the Online Casino.
1.1.11 The Online Casino allows
You to choose Your own user name and password combination, subject to any
requirements we may have. You are asked to keep this information secret. You are
responsible for all actions carried out through Your Account if Your user name
and password have been entered correctly. We will not be held liable for
security weaknesses on devices or shared passwords. Players will refrain from
using obscene or offensive usernames or aliases. Should a Player elect to do so
we reserve the right to close Your Account.
1.1.12 All Player offers are
limited to one per person, family, household address, email address, telephone
number, debit/credit card and shared computer, e.g. school, public library or
workplace. All Online Casino offers are intended for recreational players and we
may in our sole discretion limit the eligibility of Players to participate in
any promotion. We reserve the right to withdraw the availability of any offer or
all offers to any Player or group of Players.
1.1.12.1 We reserve the right to reclaim all bonuses awarded and any winnings accrued if Players are found to be tampering with or abusing any aspect of an Online Casino promotion. Where there is evidence of a series of bets placed by a Player or group of Players, which due to enhanced payments through promotional offers results in guaranteed Player profits irrespective of the outcome, we reserve the right to ignore the bonus element of such offers and settle bets at the correct odds. We further reserve the right to ask any Player to provide sufficient documentation for us to be satisfied in our absolute discretion as to the Player’s identity prior to us crediting any bonus, free bet or offer to their account.
1.1.13 By registering, You are deemed to have
accepted and understood all the Terms and Conditions, Privacy Statements, and
other rules, regulations, limitations, and other information displayed on the
Websites or otherwise provided to You by the Online Casino Group. We recommend
that all Players print out (or save to file) all transaction records, Casino
Guide, cancellation policies, and pay-out policies.
1.1.14 If using a credit
or debit card, the Player’s name MUST be the same as the name used when
registering with the Website. Where this is not the case we may suspend Your
Account. If Your Account is suspended, You may contact customer support for
details of our verification process at the following email address:
[email protected]. Any withdrawals that are made by bank wire or cheque
will only be payable to the name used when registering with the Website and if a
debit or credit card has been used to deposit funds the name must correspond to
the name registered on the card.
1.1.15 Updating or adding additional payment
details may only be done by contacting Player Support. It is Your responsibility
to make Yourself aware of the terms upon which Your payments are accepted. You
are solely responsible to keep informed of any changes.
1.1.16 We have an
obligation to remit funds to players within a reasonable amount of time.
Uncontested funds pending for withdrawal may be reversed back to the Online
Casino account should Players not respond or abide by the withdrawal
requirements. Should withdrawals be reversed they will be available for play
within the Online Casino. The Online Casino will not be held liable for funds
used for gambling or playing.
1.1.17 If You do not wish to have pending funds
made available to You, You may contact Player Support directly and temporarily
lock Your Account. To do so, email us at [email protected].
1.1.18
All applicants may be sent an email to the registered email address for account
activation. All accounts may be activated by following the instructions in this
email. If this is not completed, the Online Casino reserves the right to suspend
all activities on the account until the account details are verified.
1.1.19
No Player Account is permitted to have a negative funds balance. Further, no bet
will be accepted that might result in a negative balance. If, for any reason, a
Player Account reaches a balance below zero ($0.00) dollars, the account will be
suspended. Aside from deposits, no transactions will be permitted until the
Player Account balance is above zero ($0.00) dollars.
1.1.20 There may be
some instances in which it may be necessary for the Online Casino to perform
adjustments to Player Accounts and/or Player Account balances. In the event that
such adjustments are necessary, only authorized personnel will be permitted to
make those adjustments. All adjustments to Player Accounts and Player Account
balances will be recorded and logged completely, clearly, and accurately by the
Online Casino including, at a minimum, the specific reasons for such
adjustment.
1.1.21 Players are not permitted to transfer funds from one
Player Account to another. Any attempt to do so shall be considered a violation
of this Agreement.
1.2 Your Warranties
1.2.1 You warrant and represent, and we enter into this Agreement on the basis of and in reliance on such representations and warranties, all of which are material at the time of Your entering into this Agreement and throughout the terms hereof, that You:
1.2.1.1 are legally able to participate in the
Online Casino;
1.2.1.2 are an “adult”, having attained the applicable age of
majority as indicated in Section 1.1.3;
1.2.1.3 shall not register for or
attempt to register for multiple Player Accounts;
1.2.1.4 shall not allow any
third party (in particular, but without limitation, any minor) to, directly or
indirectly, use Your Accounts, utilize the Software or accept a prize from the
Online Casino;
1.2.1.5 are not an employee, executive, officer, board member,
partner of the Online Casino;
1.2.1.6 are not an employee or an executive of
any trade union representing or negotiating on behalf of employees of the Online
Casino;
1.2.1.7 are not an officer, board member, employee, or are otherwise
affiliated with the AGCO, OLG, or iGO;
1.2.1.8 do not have access to
non-public information that may impact the outcome of any game, event, or bet
type;
1.2.1.9 do not have sufficient authority to influence the outcome of
any game or event, this includes but is not limited to players, athletes,
coaches, managers, owners, and referees of teams, sports or events of the type
offered on the Online Casino platform;
1.2.1.10 are not a ten (10) percent or
greater owner of a sport governing body;
1.2.1.11 are not involved in
compiling betting odds for any sport, game, or event hosted on the Online Casino
platform;
1.2.1.12 shall immediately cease playing, betting, or otherwise
accessing Your Player Account if You, at any time, are unable to comply with any
requirement established in Sections 1.2.1.5 through 1.2.1.11 herein, until such
time that You are able to fully comply;
1.2.1.13 have furnished us with
personal details that are valid, accurate and complete in each and every respect
and that You shall advise us immediately via email should such details
change;
1.2.1.14 are the true and lawful owner of the monies that You wager
at the Online Casino and that You are duly and properly authorized to utilize
such monies for the aforementioned purposes;
1.2.1.15 shall not deposit nor
wager any monies at the Online Casino that are derived in any manner whatsoever
from illegal activities outlined in Section 1.6 below;
1.2.1.16 shall pay all
monies owed to the Online Casino, and in respect to any payment, shall not cause
any Charge-back, or otherwise deny or reverse or countermand any such
payments;
1.2.1.17 have read and understood these Terms and Conditions;
and
1.2.1.18 participate at the Online Casino on an individual basis and for
personal entertainment only (that is, not in a professional sense or in concert
with other Players as part of a club, group, etc.).
1.2.2 If You breach the warranty contained in Section 1.2.1, all transactions placed by You shall be null and void and You shall forfeit any winnings accrued to You as a result of such transactions or participation.
1.3 Refusal to Register and Right to Exclude
1.3.1 We may refuse to register You as a player or
elect to deregister and exclude You or suspend You as a player from the Online
Casino at any time and for any reason that does not constitute discrimination
under the applicable human rights legislation.
1.3.2 You acknowledge hereby
that the Online Casino is not obliged to give You prior notice of its decision
to refuse, deregister or exclude or suspend You, nor to furnish You with any
reasons for such decision.
1.4 Deregistration, Exclusion or Suspension
1.4.1 Notwithstanding anything to the contrary
contained herein, any Player Account shall be terminated on request of iGO or
the Alcohol and Gaming Commission of Ontario (“AGCO”).
1.4.2 You have the
right to deregister or terminate Your player Account at any time. Once such
election is made, Your Account will be deactivated and You will have the right
to collect the remaining account balance pursuant to Section 1.5 “Dormant
Accounts & Dormant Balance” of this Agreement.
1.4.3 If You
elect to Self-Exclude from PlayFallsview.com, You will immediately be prohibited
from conducting any future gaming transaction throughout the pendency of Your
Self-Exclusion. For purposes of this section, any pending or unsettled wager
shall not be construed as a “future gaming transaction.” As a result, any
pending or unsettled wagers outstanding at the time of a Player’s Self-Exclusion
shall be allowed to settle following the conclusion of the game or event.
SELF-EXCLUDED PLAYERS ARE NOT ENTITLED TO REFUNDS OF ANY WAGER THAT IS PENDING
OR UNSETTLED AT THE TIME OF SELF-EXCLUSION.
1.4.4 If we deregister or exclude
or suspend You from the Online Casino we shall have the right to:
1.4.4.1 withhold payment to You of any contested
funds whether such contested funds are deposits, refunds, bonuses, free monies,
Online Casino credits, payouts or the like;
1.4.4.2 exclude You from all or
any other Online Casinos that are part of the Casino Group or its
affiliates;
1.4.4.3 determine what criteria You shall have to meet in order
to establish a new Account at the Online Casino; and
1.4.4.4 in the case of
fraudulent, illegal or similar misconduct by You or failure by You to pay any
sums due to us, we have the additional rights to:
1.4.4.4.1 furnish any relevant information about You
to an intra-group database recording, and share Your Account details with a
collections agency for the recovery of, any sums that You owe us as permitted by
law, and You hereby irrevocably authorize us to do so in our absolute
discretion; and
1.4.4.4.2 retain any contested funds that may be derived by
You from fraudulent, illegal or similar misconduct.
1.4.5 If an account is removed, deactivated, or
deleted for any reason, we shall retain all associated Player Information in
accordance with AGCO Standard 1.09 or other records retention requirements as
applicable.
1.4.6 The Online Casino shall return the balance of a
Self-Excluded Player Account, if any, on request by the owner of that account.
1.5 Inactive Accounts, Dormant Accounts & Dormant Balances
1.5.1 An account will be considered inactive (as
previously defined herein, an “Inactive Account”) if You do not access or log
into the account for 30 consecutive days. Once Your Account is inactive, any
successful attempt to access or log into Your Inactive Account will return it to
active status. However, we may require You to take additional steps to verify
Your identity in order to reactivate any account.
1.5.2 With the exception of
Section 1.5.1, the remaining provisions of this Section 1.5 only apply if Your
Player Account has become a Dormant Account, an Inactive Account, or if Your
account is deregistered in accordance with Section 1.4.2.
1.5.3 Any credit
balance standing to Your Account may, in our discretion, not to be exercised
unreasonably, be handled by the Online Casino as follows:
1.5.3.1 an administration fee equivalent to 5 Canadian Dollars of such credit balance shall be levied monthly thereon and deducted therefrom until the earlier of:
1.5.3.1.1 the credit balance being reduced to zero;
or
1.5.3.1.2 the Inactive Account becoming active; or
1.5.3.1.3 the Player
requests to recover the balance of their Account.
1.5.4 If no transaction has been recorded on an
Account for twenty-four (24) months, the Online Casino shall remit the balance
in the account to the Player. If, after exercising commercially reasonable
efforts, the Online Casino cannot locate the Player, the Online Casino shall
hold the Account balance until the Player requests to recover the balance, or
until the Account balance reaches zero in accordance with Section
1.5.2.1.
1.5.5 Notwithstanding meeting any play through requirement, in our
sole and absolute discretion, You may lose any bonuses and winnings derived from
such bonuses if such moneys remain unused by You at the Online Casino for a
period of 3 months from the date on which such bonuses were awarded. For the
purpose hereof all loyalty points awarded shall be construed to be bonuses.
1.6 Money Laundering
1.6.1 Canada and the provinces have strict laws on
money laundering that may impose an obligation upon us to report You to the
applicable authorities if we know, suspect or have reason to suspect that any of
Your transactions, amongst other things, involve funds derived from illegal
activities or are intended to conceal funds derived from illegal activities or
involve the use of the Online Casino to facilitate criminal activity.
1.6.2
If we have knowledge or suspect that Your use of the Website or Online Casino,
is illegal or otherwise improper, we may:
1.6.2.1 immediately suspend, deregister or terminate
Your Account at the Online Casino;
1.6.2.2 at our discretion, not to be
exercised unreasonably, refuse to refund to You any funds held in such
account;
1.6.2.3 exclude You from all or any other Online Casinos in the
Casino Group or its affiliates; and
1.6.2.4 furnish any relevant information
about You to an intra-group database recording illegal or improper activities.
You hereby irrevocably authorize us to do so in our absolute discretion.
1.6.3 We reserve the right to report You to
applicable authorities should we, in our absolute discretion, determine that we
are obliged by law to do so.
1.6.4 In order to assist in the prevention of
money laundering:
1.6.4.1 no physical cash shall be accepted to fund
any account at the Online Casino;
1.6.4.2 no non-reloadable pre-paid cards
(i.e. “closed loop” cards) shall be accepted to fund any account at the Online
Casino; and
1.6.4.3 no substantial or exceptional withdrawals individually
and cumulatively shall be permitted unless You provide us with notarized copies
of the following:
1.6.4.3.1 most recent bank statement for the bank
account from which Your wagers have been paid;
1.6.4.3.2 a copy of a
government issued photo identity document, for example a driver’s license, valid
passport, or identity card; and
1.6.4.3.3 a copy of a utility bill no older
than 3 months clearly reflecting Your registered address and name, for example
Your most recent bank statement, gas bill, or electricity bill.
1.7 Publicity
1.7.1 If, whilst playing at the Online Casino, You
win a sum of money or any other prize regarded by the Online Casino as worthy of
publicity, You agree to make Yourself available for any event to publicize Your
win arranged by the Online Casino. The Online Casino will make reasonable
efforts to protect Your privacy as part of such events.
1.7.2 You further
grant us the right to use Your first name in any publicity about Your win (as
described above) and to use a picture of a model of our choice to represent You
in any published materials.
1.8 Your Consent
1.8.1 Telephone calls may be recorded or monitored
for quality or security purposes. By using this service, You are consenting to
the recording or monitoring thereof.
1.8.2 Consistent with our Privacy
Statement and subject to the limitations therein, we may collect and record
certain communications and details of transactions and details of Your visits to
the Website or Online Casino.
1.8.3 Consistent with our Privacy Statement and
subject to the limitations therein, by registering an account, You hereby
consent to us contacting You through various means of communication (not limited
to email, telephone and SMS) in respect of matters relating to Your Account. To
unsubscribe to any or all forms of communication, please contact us at
[email protected].
1.8.4 The legal authority under which we collect
personal information as part of the Services includes FIPPA, Ontario
Regulation 722/21 made under the Alcohol and Gaming Commission of
Ontario Act, and Article 13 of the Operating Agreement between iGO and
us.
1.9 Use of Bots, Illegal Software, and Other Abuse
1.9.1 The use, exploitation or abuse of a bug (i.e.
an error, flaw, failure or fault in the Online Casino, Website, or any of our
systems), bots (automated programs, scripts, or algorithms), or any form of
expert systems, machine learning or other artificial intelligence technologies
in Your interactions with the Online Casino or Website are not permitted and
grounds for suspending Your Account.
1.9.2 The use of software to influence
or modify the outcome of any of the games in the Online Casino for financial
gain is strictly forbidden and any monies acquired in this way will be deducted
from the Player’s funds.
1.9.3 We shall take all necessary measures to
respond to the use, exploitation or abuse of a bug, bot or any form of expert
systems, machine learning or other artificial intelligence technologies from a
Player. These measures may include blocking or suspending the Account, freezing
of the funds, and we reserve the right to legal proceedings.
2. The Service
2.1 We are not liable for any downtime, server
disruptions, lagging, or any technical or other disturbance to the game play. We
are not liable for any acts or omissions made by Your internet service provider
or any third party with whom You have contracted to gain access to the server
that hosts the Online Casino or Website. Software and Services are provided ‘as
is’ and we make no warranties or representations, whether express or implied
(whether by law, statute or otherwise) including but not limited to implied
warranties and conditions of merchantability, satisfactory quality, fitness for
a particular purpose, completeness or accuracy of the Software or Services. We
expressly disclaim any promises with regards to the quality and performance of
the Software or Services.
2.2 We shall not be liable for computer
malfunctions, failure of telecommunications service or Internet connections nor
attempts by You to participate in any games or activities in the Online Casino
or Website by methods, means or ways not intended by us. You are solely
responsible for any telecommunications devices and services utilized by You to
access and interact with the Online Casino or Website.
2.3 We make no
warranty that the Software or Services will meet Your requirements, be
uninterrupted, timely, secure or error-free, or that defects will be corrected
to Your satisfaction.
2.4 We make no warranty or assurances that the software
or server we utilize to make the Online Casino or Website available to You are
free from viruses or bugs or concerning the functionality, accuracy and
reliability of the Software or Services. In the event of systems or
communications errors relating to the generation of random numbers, bet
settlement or other element of any games or activities in the Online Casino, we
will not be liable to You as a result of any such errors and we reserve the
right to void all bets on the draws in question.
2.5 We cannot guarantee that
the Service will never be faulty but we use reasonable commercial efforts to
correct reported faults as soon as we reasonably can. If You encounter a fault
or bug, we encourage You to report it by contacting Player Support at
[email protected].
2.5.1 We shall accept no liability for any damages or
losses which are deemed or alleged to have arisen out of or in connection with
the Online Casino, Website or Services; including without limitation, delays or
interruptions in operation or transmission, loss or corruption of data,
communication or lines failure, any person’s misuse of any games or activities
or any errors or omissions in Content.
2.5.2 We reserve the right to cancel
or otherwise void, refuse or limit any wagers at our discretion, not to be
exercised unreasonably. In circumstances where a stake is deemed to be or is
declared void by us at our discretion, any sum deducted from Your Account with
respect to that stake or wager shall be credited to Your Account. Wagers shall
only be valid if accepted by our server and subject to this Agreement. Until
acceptance, no communications from You shall be binding on us and all
information displayed on Online Casino and Website constitutes an invitation to
play only. Malfunction (of the Online Casino or Website or Your equipment) shall
be a basis for us to void all transactions, payouts, games, and activities
affected by said malfunction. At our discretion, we may waive a rule or term in
this Agreement in the interest of fair play to You. If we do so, it shall only
be for that instant and shall not set a precedent for the future.
2.6 We reserve the right to void or correct any
winnings that were obtained as a result of hardware or software errors or
malfunctions. Players found abusing such errors or malfunctions are subject to
having their Account closed and any deposits or winnings forfeited. In the event
of an Online Casino or Website system malfunction, we retain the right to void
all affected bets. We reserve the right to suspend, modify or remove or add to
the Online Casino or Website any games or software at our sole discretion with
immediate effect and without notice. We shall not be liable to You for any loss
suffered by You resulting from any changes made or for any modification or
suspension of or discontinuance of the Software or Services and You shall have
no claims against us in such regard.
2.7 In the event of an Online Casino
system malfunction or errors, all wagers are void. Refunds may be given solely
at our discretion. Where a manifest error, mistake or system failure results in
an incorrect odd, line or handicap taken in a bet, the bet, or that part of the
bet if it is a multiple bet/parlay will be null and void. As used in these Terms
and Conditions, Online Casino system malfunction or errors include, but are not
limited to, any error that directly results in overpayment to You.
2.8
Notwithstanding the language established in this Section 2, in the event that a
service interruption or system malfunction after which a game cannot be
continued, Player will either be paid out in the amount won up to that point or
all bets will be returned, whichever outcome is better for the impacted
Player.
2.9 We may temporarily suspend the whole or any part of the Service
or any game or activity for any reason at our sole discretion. We may, but shall
not be obliged to, give You as much notice as is reasonably practicable of such
suspension.
2.10 In accordance with Section 4.2, we will not be liable to You
for any loss that You may incur as a result of any suspension or delay of the
Service or any game or activity.
2.11 It is Your sole responsibility to
account and report relevant taxes on winnings that might be applicable.
2.12
We do not provide advice to Players regarding tax or legal matters. Players who
wish to obtain advice regarding tax and legal matters are advised to contact
appropriate advisors or authorities in Ontario.
2.13 Players are strictly
prohibited from utilizing the Online Casino or Website and their systems to
facilitate arbitrage through any currency exchange transactions. Where we deem
that a Player has deliberately used the aforementioned systems for financial
gain through arbitrage, any gains will be forfeited and deducted from the
Player’s balance without warning or notification.
2.14 As a condition of Your
use of the Services, You agree:
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- not to use the Services for any purpose that is unlawful under applicable law, or prohibited by these Terms;
- not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Services or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
- not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, assign, distribute, lease or otherwise make available to any third party or otherwise publish, deep-link, scrape, frame, create derivative works from or exploit in any way the Services or Content except as permitted by us under these Terms or as expressly provided under applicable law;
- not to use the Services to distribute viruses or malware or other similar harmful software code;
- not to export the Software to any country or jurisdiction outside of Ontario (whether by physical or electronic means); and
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing.
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You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any non-permitted use described above.
3. Limits/Conditions on Shared Environments
3.1 We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts where such Accounts originate from environments where computers are, or the environment is, shared.
4. Indemnity & Limitation of Liability
4.1 You agree that You are free to choose whether to participate in the Online Casino, access and use the Websites and use the Services offered by us and do so at Your sole option, discretion and risk. You will indemnify and hold harmless us and our directors, officers, employees, shareholders, agents and affiliates, our its ultimate parent and parent companies and any of its or their subsidiaries (collectively, the “MDC Parties”, and each an “MDC Party”) against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by You at the Online Casino. The nature of Your participation shall include, but not be limited to:
4.1.1 visiting, use or re-use of the Online Casino or
the Online Casino Website;
4.1.2 use or re-use of any materials at, or
obtained from, the Online Casino or Online Casino Website or any other source
whatsoever;
4.1.3 entry, use or re-use of the Online Casino or the Online
Casino Website server;
4.1.4 facilitating or making a deposit into Your
Account at the Online Casino;
4.1.5 wagering or gaming at the Online
Casino;
4.1.6 acceptance and use of any win or prize at or from the Online
Casino; and
4.1.7 use or re-use of the Online Casino Software, whether
downloaded from the Online Casino Website or by any other means or through any
other medium.
4.2 You understand and agree and recognizing that
Your participation in the Online Casino, access and use of the Websites and use
of the Services offered by us is at Your own risk. You understand and agree that
in no circumstances whatsoever shall any MDC Party, nor any of their suppliers
or licensors, be liable to You for: any direct, indirect, special,
consequential, punitive, exemplary or other damages of any kind, including,
without limitations, damages for loss of profits, goodwill, use, data or other
tangible or intangible loss or any other damages based on contract, tort,
negligence, strict liability or any other theory (even where We have been
notified by You of the possibility of such loss or damage), resulting from Your
participation in the Online Casino, access and use of the Websites and use of
the Services offered by Us; Your inability to participate in the Online Casino,
access or use the Websites or use the Services offered by us; unauthorized
access to or alteration of Your transmissions or data; statements or conduct of
any third party in the Online Casino, on the Websites or on or through the
Services offered by us; any actions We take or fail to take as a result of
communications You send to us; any incorrect, illegible, misdirected, stolen,
invalid or inaccurate entry information; human errors; technical malfunctions;
failures, including public utility or telephone outages; omissions;
interruptions; latency; deletions or defects of any device or network, providers
or software (including, but not limited to, those that do not permit You to
participate in the Online Casino, access or use the Website or use the Services
offered by us); any injury or damage to computer equipment; inability to fully
participate in the Online Casino, access or use the Websites or use the Services
offered by us; theft, tampering; destruction, or unauthorized access to, or
alteration of, entries, images or other Content of any kind; data that is
processed late or incorrectly or incomplete or lost; typographical, printing or
other errors, or any combination thereof; or any other matter relating to the
Online Casino, Websites or Services offered by us. Except as otherwise expressly
set forth in these Terms and Conditions, our liability to You for any cause
whatsoever and regardless of the form of the action will at all times be limited
to the amount paid, if any, by You to us for general participation in the Online
Casino, access or use of the Websites or use of the Services offered by Us
during the term of You maintain an Account with us, not including any bets or
any entry fees for contests completed prior to the circumstances giving rise to
the claim.
4.3 Upon confirmation of money transfer from us to the Payment
Service Provider, we shall not be liable for any damages, loss or cost suffered
or incurred by a Player (including any damages, loss or costs suffered or
incurred as a result of a failure to pay or delay in payment).
4.4 The MDC
Parties shall not be liable for any acts or omissions of or advertisements
published by third party advertisers and marketers.
4.5 Nothing in this
Agreement will operate to exclude any liability of any MDC Party for fraud,
death or personal injury that is caused by such party’s negligence.
4.6 You
acknowledge and agree that You assume full responsibility for Your participation
in the Online Casino, access and use of the Websites and use of Services offered
by us.
4.7 You acknowledge and agree that any information You send or receive
during Your participation in the Online Casino, access and use of the Websites
and use of services offered by us may not be secure and may be intercepted or
later acquired by third parties.
5. Promotions and Competitions
5.1 The Online Casino shall, from time to time, offer
certain promotions and competitions and that these competitions and promotions
may have separate terms, conditions and rules that are competition or
promotion-specific and any complimentary bonus credited to Your Account must be
used in adherence with such terms and conditions. Where wagering requirements
for bonus money or free credits are not specifically stipulated in promotional
offers then the rules will be made publicly available.
5.2 These Terms and
Conditions apply to any competition or promotion.
5.3 In the event of a
conflict between these Terms and Conditions and the promotion or
competition-specific Terms and Conditions, the promotion or competition-specific
Terms and Conditions (as applicable) shall prevail but only to the extent that
the Terms and Conditions conflict with one another.
5.4 We reserve the right
to exclude players from taking part in any promotion relating to the Online
Casino in our discretion. Promotions are for limited time only and we reserve
the right to terminate any promotion at any time without prior notice. If unused
bonuses remain, that bonus, as well as any winnings generated by such bonuses
and loyalty points issued, will lapse after three (3) months of the date of
issue. This is applied at our absolute discretion, notwithstanding having met
play-through requirements for such bonuses.
5.5 You agree that You shall have
no ownership or other property interest in the Online Casino, Your Account, or
in any offer related to a competition or promotion, including any playable
Account credit. You are expressly prohibited from transferring, purporting to
transfer, or otherwise attempting to transfer any Content or rights to any
promotional offer, competition, bonus, or credit outside of any mechanism
provided within the Online Casino. This prohibition expressly includes any
attempted or purported sale, gift or trade in the “real world” of any Account,
promotional offer, bonus, or credit.
5.6 The Online Casino is part of the
Online Casino Group. You may not claim a bonus at the Online Casino if: (1)
prior to opening an Account at the Online Casino, You have opened an Account at
any other online casino within the Online Casino Group and claimed such a bonus
from such other online casino; and (2) having claimed such bonus from the other
online casino within the Casino Group, wagered such previously claimed bonus and
initial deposit less than 100 times at the online casino granting You such
bonus. Under no circumstances shall You be eligible for more than one sign-up
bonus at the Casino even if You are able to open multiple Accounts thereat (in,
for example, different currencies or languages). If Your Account at the Online
Casino has been credited with a sign-up bonus for which You (in our sole and
unfettered discretion) are ineligible, the Online Casino shall retrospectively
void such sign-up bonus and any winnings received by You after the sign-up bonus
has been credited to Your relevant Accounts.
5.7 Before bonus amounts can be
transferred from Your bonus Balance to Your Cash Balance bonus, they must meet
the minimum wagering requirement specified in the terms and conditions of the
applicable promotions or bonus offerings (the “Play-Through Requirement”). The
Play-Through Requirement imposed will vary at our discretion, not to be
exercised unreasonably per game or promotion. Any winnings attributed to the
Cash portion of Your balance can be withdrawn at any time, subject to meeting
all of these terms and conditions. In order to meet the wagering requirements,
please see the contributing percentages on the applicable promotion or bonus
offering specific rules.
5.7.1 Any winnings from “no purchase required” offers
or free spins will be subject to a wagering requirement specified in the terms
and condition of those promotions or bonus offerings before the bonus money from
such promotions or bonus offerings may be transferred into the cash balance. In
the event that a Player has a positive cash balance after the relevant wagering
requirement is met and such Player attempts to make a withdrawal, the withdrawal
will be capped at 100 Online Casino Credits (in the Player’s currency of play)
and the remaining cash balance will be forfeited.
5.7.2 If You do not want
any bonus which has been deposited into Your Account by the Online Casino, You
are entitled to request that it be reversed out of Your Online Casino account.
Such reversals will be subject to no play-through having taken place on the
bonus, the initial deposit or associated sign-up bonus. You can initiate a
reversal by contacting Player Support by email, telephone call or live chat. If
any part of the bonus has been used, then the bonus may not be removed from Your
Account (either by means of withdrawal or a request to the support staff) until
the Play-Through Requirement associated with the bonus has been met.
5.7.3
Where a Sign-Up Bonus has been granted to You, subject to You being required to
have met all wagering requirements, You will be limited to a maximum withdrawal
value of 6 times Your first deposit amount and any remaining balance will be
forfeited. This Section will only be applied at the discretion of Online Casino
management. All progressive wins are exempt from this Section.
5.8 Before any withdrawals are processed, Your play will be reviewed for any irregular playing patterns. In the interests of fair gaming, equal, zero or low margin bets or hedge betting, shall all be considered irregular gaming. Other examples of irregular game play include but are not limited to, placing single bets equal to or in excess of 30% or more of the value of the bonus credited to their account, until such time as the wagering requirements for that bonus have been met. For the purposes of this rule, a bet is defined as one roulette spin or one dealer’s dealt hand in any table game, or one deal in any video or “power poker” game (this includes Multi-Hand/Play games). Any double or gamble shall be considered a new bet. Should we deem that irregular game play has occurred; we reserve the right to withhold any withdrawals or confiscate all winnings.
5.8.1 We reserve the right to decide in our sole
discretion which activities constitute “irregular play” and to withhold any
withdrawals where irregular play has occurred.
5.8.2 In the event that we
believe You are abusing or attempting to abuse a bonus or other promotion,
displaying irregular betting behavior, or You are likely to benefit through
abuse or lack of good faith from a gambling policy adopted by us, we may at our
discretion, not to be exercised unreasonably, deny, withhold or withdraw from
You any bonus or promotion, or rescind any policy either temporarily or
permanently, or terminate Your access to the Services or block Your Account. In
such circumstances, we shall be under no obligation to refund to You any funds
that may be in Your Account other than Your original deposit amounts.
5.8.3
If You are found to be in breach of the warranty contained in Section 1.2, we
reserve the right to void any winnings and confiscate any balance in Your
Account.
5.8.4 When a bonus expires or is forfeited, only the remaining
balance from Your deposit is released back into Your Account.
5.8.5 Other
funds, including remaining bonus amounts and winnings generated from play during
bonus usage, will be removed.
5.8.6 During play, the system will wager
deposit money first. For example: if You had a restricted bonus balance of $50
comprised of a $25 deposit and a $25 bonus, then wagered $10 and lost the bet.
You would then have a restricted bonus balance of $40, comprised of $15 in
deposit and $25 in bonus. At this point, if Your bonus expires or You choose to
forfeit, You will have $15 deposit money returned to Your cash balance. The
remainder, including any winnings, will be removed as part of the bonus
restrictions set out in the terms and conditions.
6. Rules of Play
6.1 In addition to these Terms and Conditions,
certain rules of play, and Frequently Asked Questions (“FAQs”) shall apply to
You and be binding upon You in respect of Your participation at the Casino.
These Rules of Play can be found at https://play.playfallsview.com/c/sportsbook-rules,
https://play.playfallsview.com/c/sportsbook-guide,
https://play.playfallsview.com/c/casino-guide
and FAQs at https://support.playfallsview.com/.
6.2
You hereby agree to be bound by the aforementioned rules of play, as established
in the Online Casino “Casino Guide”, and FAQs as if they were specifically
incorporated into these Terms and Conditions.
6.3 In the event of a payout
being left in play on any game, we reserve the right to collect and subsequently
credit the Player’s balance with that amount.
6.4 If requested, unused funds
will be returned where a Player has self-excluded themselves under our
self-exclusion program due to a gambling addiction or other problems.
6.5
Winnings may be confiscated and bets may be cancelled or otherwise voided in the
event of a “palpable error”. For the purposes of this Section “palpable error”
includes, but is not limited to, a significant and obvious mistake when quoting
odds (e.g., reversing the odds of a match or some other kind of significant
accidental error made while quoting the odds). In the case of a dispute, You
irrevocably submit to the exclusive jurisdiction of the courts of the Province
of Ontario, Canada.
6.6 Following the conclusion of a sports match or event,
we will promptly provide information regarding bet settlement related to that
match or event to any Player on request through communication channels outlined
herein.
6.7 After beginning a gaming session, Players who are idle or
inactive for fifteen (15) minutes will be automatically logged out of that
session and will have to log back into their Player Account before resuming
play.
7. Payments, Withdrawals, and Verification
7.1 We reserve the right to ask You for verification documents upon deposits made via credit or debit card or prior to executing a withdrawal. This includes, but is not limited to:
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- a copy of card in question (if applicable);
- a copy of photographic identification documents, such as a Passport or Driver’s License; and
- documents confirming residence such as a bank statement or utility bill no older than 3 months.
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7.2 We reserve the right to run credit checks on all
Players with third party credit agencies on the basis of the information
provided on registration.
7.3 It is the Player’s responsibility to retain
copies of transaction records and Online Casino and Website policies and
rules.
7.4 Any withdrawals that are made by bank wire or cheque will only be
payable to the name used when registering for an account and if a debit or
credit card has been used to deposit funds the name must correspond to the name
registered on the card. There may be charges incurred for withdrawals. Funds
must be withdrawn with the same method used for depositing, up to the amount of
the deposit. Please note that any withdrawals may experience a slight delay due
to our identity verification process.
7.5 You may only update or add
additional payment details by contacting Player Support.
7.6 Players who
withdraw a sum of money that is five (5) times or more, greater than their
lifetime deposits across the Online Casino Group may be subject to detailed game
and play review in order to assist with appropriate authorization and
verification procedures which may impact a Player’s ability to withdraw their
winnings. This Section will only be applied at the discretion of Online Casino
management. All progressive wins are exempt from this Section.
7.7 Winnings
are added in the selected currency for Your Account to the cleared balance of
Your Account. Should You wish to withdraw some or all of Your balance You may
select how much You wish to have paid back. The maximum withdrawal amount per
24-hour period is $10,000 or currency equivalent. If there are any concerns or
queries regarding the collection of winnings, please email us directly.
7.8
Notwithstanding fees levied by a financial institution or payment processor, the
Online Casino will not charge a fee for any payment to, deposit to, or
withdrawal from Your Player Account. In the event that this changes, we will
notify You prior to any such change taking effect.
8. Responsible Gaming/Gambling
8.1 Gaming is supposed to be fun but can be addictive. We promote responsible gaming by:
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- enabling the blocking / suspension of accounts upon request;
- allowing You to contact one of our Player Support Representatives or click through to one of the links provided in the Responsible Gaming page; and
- allowing You to voluntarily exclude Yourself from accessing the Online Casino by contacting our Player Support representatives.
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8.2 For full details about our Self-Exclusion
Program, please refer to the Responsible Gambling
page.
8.3 Although every effort will be made to action Your request
via email within a reasonable period of time, please bear in mind there may be a
slight delay to action. We are not liable for losses due to pending
communications.
9. Intellectual Property
9.1 The Services and all intellectual property rights
in and to the Services, including without limitation all Content and material
supplied as part of the Online Casino Website and the Software, are owned by us
or our licensors. In respect of such Services, we and our licensors reserve all
our intellectual property rights, which include without limitation all
copyright, trademarks, domain names, design rights, database rights, patents and
all other intellectual property rights of any kind, whether registered or
unregistered anywhere in the world.
9.2 You are permitted to use the Services
and all such materials only as expressly authorized by us or our licensors.
Nothing in these Terms and Conditions grants You any rights in the Services
other than as necessary to enable You to access and use the Services. You agree
not to adjust, try to circumvent or delete any intellectual property notices
contained in or displayed on the Services and in particular in any digital
rights or other security technology embedded or contained within any
Content.
9.3 Subject to Your agreement to and compliance with these Terms and
Conditions, we permit You a limited, revocable, non-exclusive and
non-transferable right to access and use the Services, including without
limitation all Content and material supplied as part of the Online Casino
Website and the Software, as well as any games or activities accessible through
the Online Casino or Websites, solely for Your personal, non-commercial use in
connection with Your participation in games and activities offered through the
Services, and in accordance with these Terms and Conditions.
9.4 To the
extent that Your use of the Services requires that Software or Content be
downloaded or installed on Your device, and subject to the Your agreement to and
compliance with these Terms and Conditions, we grant You a limited, revocable,
non-exclusive, non-transferrable and non-sublicenseable license to install and
use such Software or Content solely as necessary for Your personal,
non-commercial use of the Services. You may download such Software and Content
onto only one computer hard drive for such purpose. Any other use of such
material and content is strictly prohibited. You agree not to (and agree not to
assist or facilitate any third party to) copy, reproduce, transmit, publish,
display, distribute, commercially exploit, tamper with, reverse engineer or
create derivative works of such material and content.
10. Submissions and Your Content
10.1 You acknowledge and agree that the Services are
not a secure means of communication and any information You supply to us, apart
from personal information subject to our Privacy Statement, will not be kept
confidential. For that reason, You should not submit or send to us any
patentable ideas or patent applications, advertising or marketing suggestions,
prototypes or any information, written or oral, which You regard as confidential
or commercially sensitive or valuable (collectively referred to as “Unwanted
Submissions”). While we value Your feedback, You agree not to submit any
Unwanted Submissions. Any submission (including any Unwanted Submission) made to
us is deemed to be our property and we shall own all right title and interest in
and to any such submission, including any intellectual property rights related
thereto or embodied therein. Should any right or interest to such submissions
inure to You, Your hereby agree to irrevocably assign, and hereby do irrevocably
assign all right title and interest in any such submissions to us. By
transmitting or posting any submission or other material to us, You agree that,
subject to our Privacy Statement, we are entitled to use any such information in
any manner we see fit (including reproduction, transmission, publication,
broadcast, and posting on any media and anywhere in the world) on a free of
charge basis. We shall not be subject to any obligation of confidentiality nor
be liable for any use or disclosure of such submissions.
10.2 Your Content.
Where our Services enable You to communicate with us or other users of the
Services, Your Content must be accurate and truthful and You may not use the
Services to transmit harmful or offensive (e.g., violent, obscene,
discriminatory, defamatory or otherwise illegal) communications or material
which might otherwise bring us or the Services into disrepute. Although we
reserve the right to monitor, edit, review or remove Your Content including
without limitation messages, discussions, chats, postings, transmissions, and
other information and communications on the Services from time to time in our
sole discretion, we are under no obligation to do so and assume no
responsibility or liability arising from any of Your Content.
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- You are solely responsible for Your Content. Other than submissions, we do not make any claim to own Your Content or any intellectual property rights You may have therein. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including our promotional and marketing services), and You hereby waive any and all moral rights with respect to Your Content, provided, however, that our handling of any personal information in Your Content will remain subject to our Privacy Statement. Notwithstanding the foregoing, You do not transfer to us any ownership rights in any of Your Content and nothing in these Terms and Conditions will restrict any rights that You may have to use and exploit Your Content outside of the Services.
- You represent and warrant that You have all the rights, power and authority necessary to grant the foregoing license, that Your Content has been lawfully provided to us and that You have all necessary consents to provide Your Content to us, and that all Your Content: (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms and Conditions.
- We may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) respond to claims that any of Your Content violates the rights of third parties; (iii) enforce or administer any terms and conditions applicable to our Services, including without limitation, these Terms and Conditions; or (iv) protect our rights, property or personal safety, users of our Services or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks or changes to conform and adapt to technical requirements of connecting networks or devices.
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11. General Terms
11.1 Amendment
11.1.1 We may, without notice to You, amend, alter,
delete, change or add to these Terms and Conditions, the promotion or
competition-specific Terms and Conditions or Casino Guide (each, a “Change”), at
any time whatsoever.
11.1.2 These Changes shall become effective, and You
shall be bound by these Changes, immediately upon their posting on the Online
Casino Website.
11.1.3 You agree to regularly review these Terms and
Conditions, promotion or competition-specific Terms and Conditions and the
Casino Guide regularly in order to assess whether any Changes have been
made.
11.1.4 Your continued use of the Services and Websites constitutes Your
agreement to all such Changes.
11.2 Eligibility
11.2.1 The Online Casino’s employees, subsidiaries
and affiliates connected to any referral programs linked to the Online Casino,
advertising or other agencies, licensees, licensors, distributors and their
other associated or affiliated companies or, in the case of individuals, the
immediate family of such individuals, are not eligible to participate at the
Online Casino as a Real Player.
11.2.2 MDC’s employees and the immediate
family of such individuals are not eligible to participate at the Online Casino
as a Real Player.
11.2.3 Pala Interactive LLC’s employees and the immediate
family of such individuals are not eligible to participate at the Online Casino
as a Real Player.
11.3 Severability. If any part of these Terms and
Conditions is deemed unlawful, void or for any reason unenforceable, then that
part shall be deemed to be severable from the rest of these Terms and Conditions
and shall not affect the validity and enforceability of the remaining provisions
of these Terms and Conditions. In such cases, the part deemed invalid or
unenforceable shall be amended in a manner consistent with applicable law to
reflect, as closely as possible, our original intent.
11.4 Non-Waiver. No
indulgence granted by the Online Casino to You should be construed as a waiver
of any of our or the Online Casino’s rights in terms of these Terms and
Conditions.
11.5 Third Parties. Unless otherwise expressly stated, nothing in
these Terms and Conditions shall create or confer any rights on any persons not
party to these Terms and Conditions.
11.6 Acceptance. By accepting these
Terms and Conditions You are fully aware that there is a risk of losing money
when gambling by means of the Website and You are fully responsible for any such
loss. You agree that Your participation in the Online Casino, access or use of
the Website and use of the Services offered by Us is at Your sole option,
discretion and risk. In relation to Your Losses You shall have no claims
whatsoever against us or any of our partners or their respective directors,
officers or employees.
11.7 Whole Agreement. Unless the context otherwise
indicates, these Terms and Conditions set out the entire agreement between us
and supersede all prior oral or written agreements, arrangements or
understandings between us. You acknowledge that You are not relying on any
representation, agreement, term or condition that is not set out in this
Agreement.
11.8 Interpretation. In this Agreement, the headings are used for
convenience only and shall not affect its interpretation. References to persons
shall include incorporated and unincorporated persons; references to the
singular include the plural and vice versa; and references to the masculine
include the feminine.
11.9 Governing Authority. This Online Casino is
governed solely by the laws of Ontario, and the federal laws of Canada
applicable therein. Players acknowledge and agree that we may be bound (and
shall be entitled) to disclose certain information about You and Your Account to
applicable regulatory authorities.
11.10 Applicable Law & Jurisdiction.
This Agreement shall be construed and enforced in accordance with the laws of
Ontario and the applicable federal laws of Canada. Each of the parties hereto
hereby irrevocably attorns to the exclusive jurisdiction of the courts of the
Province of Ontario.
11.11 Limitation of Actions. You hereby agree that any
legal proceedings to enforce any claim that You may have (if any) against the
Online Casino shall be initiated by You within a period of six (6) months of the
cause of action arising (the “Prescription Period”); failing which You hereby
forever waive and abandon any right that You may have to enforce such claim
after the Prescription Period and confirm that on the expiry of the Prescription
Period the said claim shall be void, waived and abandoned in law.
11.12
Translations. These Terms and Conditions may be translated into many different
languages. If there is any discrepancy between the English language version of
these Terms and Conditions and any other-language version of these Terms and
Conditions in the meaning and interpretation of any of the provisions of these
Terms and Conditions, the meaning and interpretation of the provisions under the
English language version shall prevail.
11.13 Tournaments. Entrance into any
tournaments are limited to one per person per account. If Players open multiple
accounts, they will not be eligible for an entry per account. Entry is only
available once per Player or per environment where computers are shared or per
e-mail address. Only one alias is permitted per Player per tournament.
11.14
Complaints and Disputes. This Section applies to any dispute EXCEPT DISPUTES
RELATING TO THE ENFORCEMENT OR VALIDITY OF EITHER PARTY’S INTELLECTUAL PROPERTY
RIGHTS. The term “dispute” means any dispute, action, or other controversy
between You and us arising out of or in connection with these Terms and
Conditions (including without limitation our Privacy Policy) or Your use of the
Site, whether in contract, warranty, tort, statute, regulation, ordinance, or
any other legal or equitable basis. The term “dispute” will be given the
broadest possible meaning allowable under law.
11.14.1 Each of the parties hereto hereby irrevocably consents to the exclusive jurisdiction of the courts of the Province of Ontario.
11.15 Assignment. These Terms and Conditions are
personal to You, and are not assignable, transferable or sub licensable by You
except with our prior written consent. We reserve the right to assign, transfer
or delegate any of our rights and obligations hereunder to any third party
without notice to You.
11.16 Business Transfers. In the event of a change of
control, merger, acquisition, or sale of assets involving us, Your Account and
associated data may be part of the assets transferred to the purchaser or
acquiring party. In such an event, we will provide You with notice via email or
notice on our web site explaining Your options with regards to the transfer of
Your Account.
11.17 Termination of Account. We reserve the right to cancel
Your Account for any reason whatsoever at any time without notice to You. Any
balance in the Your Account at the time of such cancellation will be credited to
Your credit card or sent to the You by cheque. However, we reserve the right, in
our discretion, not to be exercised unreasonably, to void any winnings and
confiscate any balance in an account in any of the following circumstances:
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- if You have more than one active Account;
- if the name on Your Account does not match the name on the credit card(s) used to make deposits on an Account;
- if You participate in a promotion and cash-in before fulfilling the requirements of that particular promotion;
- if You provide incorrect or misleading registration information;
- if You are not of legal age;
- if You reside in a jurisdiction where participation in Online Casino games are prohibited by law;
- if You have allowed or permitted (intentionally or unintentionally) someone else to play on Your Account;
- if You have not played at the Online Casino on an individual basis for personal entertainment only (that is, You have played in a professional sense or in concert with other Player(s) as part of a club, group, etc.);
- if we receive Charge-backs or returns via a deposit mechanism used on Your Account;
- if You are found colluding, cheating, match-fixing, money laundering, or otherwise undertaking fraudulent or illegal gaming activity;
- if it is determined by us that You have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Online Casino;
- if You use the Online Casino, Website, or Your Account in bad faith;
- if it is determined by us that You are an individual with access to non-public information related to an event or that You an individual who may impact the outcome of an event or bet type on any event offered by us;
- if it is determined by us that You are an athlete, coach, manager, owner, referee or otherwise have sufficient authority to influence the outcome of an event or bet type offered by us;
- if it is determined by us that You are an owner (any person who is a direct or indirect legal or beneficial owner of 10 percent or greater) of a sport governing body or member team seeking to place a bet on any event overseen by the sport governing body or any event in which a member team of that sport or event governing body participates;
- if You, as part of uploading Your Content to the Services,
including the Online Casino or Mobile Casino:
- upload, post, email or otherwise transmit any Your Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including, without limitation, nudity and depiction of drug use);
- harm minors in any way;
- impersonate any person or entity, including but not limited to a representative of an MDC Party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Your Content transmitted through the Services;
- upload, post, email or otherwise transmit any Your Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Your Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, emulate, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- “stalk” or otherwise harass another person or user;
- collect or store personal information or data about other Services users, or disclose another user’s personal information or data to any third party;
- solicit personal information or data from anyone under 19 years of age; or
- use any “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright protection or license-enforcement mechanisms associated with or related to the Services.
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- If we become aware that You have played at any other online casino under any of the circumstances set out above.
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11.17.1 Account Closure. If You wish to close Your Account, please contact Player Support directly by sending an email to [email protected].
11.18 Final decision by us. In the event of a
discrepancy between the result showing on the Software our server software, the
result showing on our server software shall be the official and governing
result.
11.19 Currency. The use of the $ symbol indicates Canadian Dollars
only.
11.20 Force Majeure. We shall not be liable or responsible for any
failure to perform, or delay in performance of, any of our obligations under the
Terms and Conditions that is caused by events outside our reasonable
control.
11.21 No agency. Nothing in these Terms and Conditions shall be
construed as creating any agency, partnership, trust arrangement, fiduciary
relationship or any other form of joint enterprise between You and us.
12. Apple-Specific Terms
For this Section alone, we shall be referred to as the “Company”.
12.1 Acknowledgement. Company and You acknowledge
that this Agreement is concluded between Company and You only, and not with
Apple, and Company, not Apple, is solely responsible for the Mobile Casino and
the content thereof. To the extent this Agreement provides for usage rules for
the Mobile Casino that are less restrictive than the Usage Rules set forth for
the Mobile Casino in, or otherwise is in conflict with, the App Store Terms of
Service, the more restrictive or conflicting Apple term applies.
12.2 Scope
of License. The license granted to You for the Mobile Casino is limited to a
non-transferable license to use the Mobile Casino on an iOS Product that You own
or control and as permitted by the Usage Rules set forth in the App Store Terms
of Service.
12.3 Maintenance and Support. Company is solely responsible for
providing any maintenance and support services with respect to the Mobile
Casino, as specified in this Agreement (if any), or as required under applicable
law. Company and You acknowledge that Apple has no obligation whatsoever to
furnish any maintenance and support services with respect to the Mobile
Casino.
12.4 Warranty. Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Mobile Casino to conform to any
applicable warranty, You may notify Apple, and Apple will refund the purchase
price for the Mobile Casino to You; and to the maximum extent permitted by
applicable law, Apple will have no other warranty obligation whatsoever with
respect to the Mobile Casino, and any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any
warranty will be Company’s sole responsibility.
12.5 Product Claims. Company
and You acknowledge that Company, not Apple, is responsible for addressing any
claims of You or any third party relating to the Mobile Casino or Your
possession or use of the Mobile Casino, including, but not limited to: (i)
product liability claims; (ii) any claim that the Mobile Casino fails to conform
to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. This Agreement does not limit
Company’s liability to You beyond what is permitted by applicable law.
12.6
Intellectual Property Rights. Company and You acknowledge that, in the event of
any third party claim that the Mobile Casino or Your possession and use of the
Mobile Casino infringes that third party’s intellectual property rights,
Company, not Apple, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement
claim
12.7 Legal Compliance. You represent and warrant that (i) You are not
located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) You are not listed on any U.S. Government list of prohibited or restricted
parties
12.8 Developer Name and Address. Company’s contact information for
any end-user questions, complaints or claims with respect to the Mobile Casino
is set forth in Section 16.
12.9 Third Party Terms of Agreement. You must
comply with applicable third party terms of agreement when using the Mobile
Casino.
12.10 Third Party Beneficiary. Company and You acknowledge and agree
that Apple, and Apple’s subsidiaries, are third party beneficiaries of this
Agreement, and that, upon Your acceptance of the terms and conditions of this
Agreement, Apple will have the right (and will be deemed to have accepted the
right) to enforce this Agreement against You as a third party beneficiary
thereof.
13. Mobile Casino
All Terms applicable to the Online Casino shall also apply to the Mobile Casino. Additionally, when playing on the Mobile Casino the following additional terms shall apply:
13.1 Network Operator and Other Charges. You are
solely responsible for any connection, use or other charges levied by Your
network operator when You register to play the Games, download the Software,
place bets or communicate with us. These charges shall form no part of any bets
placed.
13.2 Connectivity. You (the Player) are solely responsible for any
telecommunications devices, networks, wireless or Internet access services and
other consents and permissions required in connection with Your use of the
Online Casino.
14. Copyright, Trademark and URL Notice
14.1 Any and all content included on the Websites or
incorporated by reference, are protected by international copyright
laws.
14.2 Without derogating from the above. You are authorized to view,
copy, download to a local drive, print and distribute the content of this
website, or parts thereof, provided that such content is used:
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- for purposes of playing at PlayFallsview.com™; or
- for information purposes only.
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14.3 Any unauthorized copying or use of the content on this website, whether in whole or in part, is an act of copyright infringement and makes the DOER liable to prosecution.
15. Privacy Statement
Our Privacy Statement explains how we collect, store, use, and share Your information, and is hereby incorporated into this Agreement. You expressly acknowledge that You have reviewed the Privacy Statement and agree to the practices described therein. Our Privacy Statement can be found at: https://playfallsview.com/c/privacy-policy/.
16. Contact
If You have any questions regarding these Terms and Conditions, please contacts us at: [email protected].