Welcome to the victorygamez.ca Terms and Conditions. Some of them are set out below and some are located elsewhere on our Website. You will find links to them below. These terms & conditions are effective from July 1, 2018.
This section contains legal information that you need to read and accept if you want to access or use any of the online and interactive gaming products and services provided through victorygamez.ca. We call these products and services as a whole the "Game Services". We refer to each individual game (bingo, casino, slots etc.) as a "Games Product".
When you access and use the Game Services you do so on the terms of a contract with the Nation 2 Nation Network operated by Kanataplay Ltd, which consists of 3 main sets of terms:
General Terms and Conditions, which apply to all aspects of the Game Services. You will find these set out below;
Product-Specific Terms, which are organized by reference to whichever of our gaming products and services is being used by the Customer. You will find these Product-Specific Terms with the relevant gaming product or service;
Game Rules or House Rules for individual products. You will also find these Rules with the relevant gaming product or service.
You will find links below to the main sections of the General Terms and Conditions. Also, click on the relevant product link at the top of this page to access and read the various items in the Product-Specific Terms and Conditions and the applicable Game Rules or House Rules.
If there is any inconsistency between the General Terms and Conditions and anything else, the General Terms and Conditions will prevail.
2. The Parties:
"You", "your", "Customer" and "Player" refer to our customer registering with us to access and use the Game Services. "We", "our", "us" and "Networked Games" refer to the members of the Group of Companies providing the Game Services.
Details of these companies are as follows:
Kanataplay is licensed and regulated by Kahnawake Gaming Commission, Licence Number: 00826-A.
When you register, open, access or operate a customer account with us (including making and receiving payments), you are dealing with KANATAPLAY LIMITED. We use various websites to market the Game Services ("Websites").
You are accessing the Nation 2 Nation gaming platform through our Marketing Partner victorygamez.ca.
3. Applicability of the Terms and Conditions:
YOU SHOULD READ THESE GENERAL AND PRODUCT-SPECIFIC TERMS AND CONDITIONS AND HOUSE OR GAME RULES CAREFULLY BEFORE REGISTERING WITH US, THEN PRINT AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, TRANSACTION DATA, PRODUCT-SPECIFIC TERMS AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE GAME SERVICES. WE WILL NOT FILE OUR CONTRACT WITH YOU AND SO YOU SHOULD PRINT IT OUT FOR YOUR RECORDS.
4. Contents and Acceptance:
These General Terms and Conditions are lengthy. You should read them all as you will be bound by them all. However, for ease of access, below you will find links to the sections that particularly focus on specific parts of the terms. Click on those links to access those sections directly.
5. Your Responsibilities and Obligations 6. Opening Your account 7. Customer Information Log-in Details and Use of Customer Account 8. Age and Identity Verification 9. Anti-Money Laundering and other Security Checks 10. Electronic Funds 11. Withdrawals and Deposits 12. Dormant and Inactive Customer Accounts 13. Suspending and Closing an Account 14. Deposit Limits and Self-Exclusion 15. Placing Your Bets Or Wagers 16. Computer Transmissions and Random Number Generator Software 17. Security and Privacy 18. Data Protection and Personal Data 19. Fraud, Collusion, Improper Behaviour and Unlawful Activity 20. Chat/Community Rooms 21. Bonuses and Promotional Offers 22. Licence Agreement and Intellectual Property 23. Liability 24. Dispute Resolution Policy 25. Miscellaneous 26. Governing Law and Jurisdiction 27. Shared Games, Table and Database Platform 28. Bet-Placing Cancellation and Withdrawal
It is a condition of accessing or using the Game Services that you accept the Terms and Conditions and you are deemed to have accepted them by checking the box on the registration form and clicking "Proceed". By agreeing to the Terms and Conditions and/or by continued use of our Websites, you are bound by the contract you make.
We reserve the right to change the Terms and Conditions. However, we will make reasonable efforts to ensure that any significant changes to the Terms and Conditions will be notified to you by an appropriate method depending on the extent of such changes (for example, by email or via a prominent notice on the Websites).
The up-to-date version of the Terms and Conditions will be found at the appropriate place on the relevant Website and will be accessible via the links.
It remains your responsibility to periodically check the Terms and Conditions to ensure that you continue to agree with them and you are advised to check the Terms and Conditions every time that you access or use the Game Services.
If when a change to the Terms and Conditions is made which you do not wish to accept you may cease to use the relevant part of the Game Services or close your Account. However, your continued access or use of any of the Websites will be deemed to be your acceptance of the Terms and Conditions and any changes to them as at the time of access or use, except that any bets or wagers received (but not settled) or other transactions prior to the time of any change to the Terms and Conditions will be subject to the pre-existing Terms and Conditions.
If at any time you do not accept any changes to the Terms and Conditions, you should refrain from using the Game Services.
These Terms and Conditions are effective from July 1st, 2018 and supersede all previous Terms and Conditions.
5. Your Responsibilities and Obligations:
You confirm that you are over 18, or meet the legal age for gambling in your country of residence and you acknowledge that it may be an offence for you to participate in gambling if you are under 18 or under the legal age in your country.
You confirm to us that you have the mental capacity to take responsibility for your own actions and can enter into a legally binding agreement with us.
You understand that employees of KANATAPLAY LIMITED, its licensees, distributors, wholesalers, affiliates, and subsidiaries are not eligible to participate in the Game Services except for the purposes of testing, verification etc.
You accept that it is your responsibility to ensure compliance with your applicable local or national laws before registering with us and/or before dealing with us, and you acknowledge that there may be specific laws in your country, place of residence, or the place from which your bets or wagers are offered to us, which prohibit gambling.
You confirm to us that you will not access or use the Game Services from within a jurisdiction that prohibits such access or use or if you are a citizen of a nation state that prohibits its citizens from participating in gambling.
You accept that we do not take any responsibility for your breach of any applicable local or national laws.
You accept that any propositions or material set out by us do not constitute an offer, solicitation or invitation by us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
You accept that we reserve the right, for whatever reason and at any time, to refuse payment of winnings, close your account or suspend access to the Game Services if you are found to be in breach of this requirement or behaving fraudulently in anyway whatsoever.
You accept that we also reserve the right to block provisions of the Game Services in whole or in part to any territory for any reason, without notice.
You confirm that your interest in the Game Services is personal and not professional and that you participate solely for your own entertainment.
You understand that by using the Game Services you may lose money and you accept full responsibility for such losses.
You consent to the provision of the Game Services by the various companies identified in these Terms and Conditions.
6. Opening Your Account:
You must open an account with us (a "Customer Account" or "Account"). The Customer Account will enable you to participate in the various products provided on the Game Services. Access to and use of these products is subject to the relevant Product-Specific Terms and Game Rules or House Rules which you have already accepted by opening your Customer Account.
Any credit card, charge card or other method of payment that you submit to us in connection with opening a Customer Account or at any later time for use on an Account must be your own and in your name. We are entitled to assume that you are doing so. If you attempt to use a card in another person’s name, your account may be suspended until ID and authorization to use the card is received from the card holder.
Funds held in your Customer Account are not subject to any specific trust arrangements but you accept that this shall not entitle you to interest which we are entitled to retain. See “Electron Funds” for additional information.
Only one Customer Account is permitted per Customer and the Customer Account registration must be executed by you personally. We reserve the right to close any duplicate Customer Accounts, and to make void any bets or wagers placed through duplicate Customer Accounts. You may request a new Customer Account by contacting us and providing the reason for requesting the new account. If a new Customer Account is opened (which is at our absolute discretion), the old Customer Account will be closed.
If funds are mistakenly credited to your Customer Account, we shall be entitled to make the appropriate adjustment to it. If you use the funds mistakenly credited to place bets or wagers, we can void all such bets wagers and reverse any winnings at our discretion.
If you withdraw funds mistakenly credited to your Customer Account, you must reimburse us on request and we are entitled to set-off any subsequent amounts you deposit with us to satisfy this liability.
If you need any assistance in opening a Customer Account, please contact our Customer Support Team.
7. Customer Information Log-in Details and Use of Customer Account:
When opening a Customer Account, you must choose a username and password that will be used to access your Customer Account. You can change your password at any time via My Account - Profile.
Your username and password must be kept secure. You are responsible for this. Bets and wagers placed by third parties aware of these details will be considered valid.
It is your sole responsibility to ensure that all information supplied to us by you relates to you personally, is accurate and up-to-date and that it remains so and, in the case of your transactional information such as deposits or withdrawals, you acknowledge that when transacted under your correct login details, that any such transaction reflects your intentions.
You must not allow any other person (including, without limitation, any person under the required age for gambling) to use your Customer Account, accept any prize, or participate in the Game Services under any circumstances.
If you believe a third party has obtained your username and/or password, you should immediately contact our Customer Support Team.
8. Age and Identity Verification:
When deciding whether to accept your application for a Customer Account, we may supply the information you have given us to authorized third parties to confirm your identity and/or card details. They will check any details we disclose to them against any databases (public or private) to which they have access and will keep a record of that check.
You agree that we may process, use, record and disclose personal information which you provide in connection with your application and that such personal data may be recorded by us or the third parties to whom we have made disclosure.
In particular, we may wish to verify any information you give us when you apply for a Customer Account or attempt to make a withdrawal so as to ensure you are 18 or over or meet the legal age for gambling in your country. This may particularly apply where we identify the use of a payment method which may be available to individuals under the legal age of gambling and any attempt to make a deposit or withdrawal may be blocked until we have successfully completed the verification process.
We will try and do our verification processes electronically but if we are unable to do so we may ask you to provide us with further documentary proof and you will be required to send us such proof within 72 hours of our request at the latest. This may involve you sending us things such as a colour copy of the photo page of your passport, photo driving license, other government approved photographic ID, and a copy of a recent utility bill, bank or card statement, a masked copy of the card used for payment or any other documents as we may reasonably require for these purposes.
You will not be able to open or in some cases use your account or withdraw until our verification process has been satisfactorily completed both in relation to identity, card details and age. In any event, if this cannot be done we are entitled to suspend your Customer Account, and prevent you from gambling or withdrawing winnings until these checks have been satisfactorily completed.
In particular, if age verification checks ultimately show you to be underage, we will return all stakes to you but are under no obligation to pay any winnings.
In addition, we may perform random security checks at any time and you accept that we have the right to demand additional documentation in order to verify you in this context.
For security purposes as well as your protection, telephone calls, emails and live support chats to our customer services teams may be recorded and monitored.
9. Anti-Money Laundering and other Security Checks:
Under applicable laws relating to money-laundering and other issues, we may wish to carry out specific checks and we reserve the right to refuse to accept deposits and/or pay out winnings until these checks are completed.
If you wish to withdraw funds in excess of our daily limits (details of which can be found in our Help section), you will be required to contact our payments team. We reserve the right to request further documentation from you in these circumstances.
Funds deposited into a Customer Account must originate from a source not related to criminal or illegal activities. We may be required to notify the appropriate authorities if we become aware of any deposits from such sources.
10. Electronic Funds:
We hold your funds in your Customer Account. The amount of cleared funds you have available will be displayed when you log-in to your account. You consent to us enabling the provision of such information to you on the Website(s).
You accept that all payments and withdrawals are made through this Customer Account. The financial updating of your Customer Account will occur via a reconciliation between the data on the various products and the actual funds held by us which are credited to your Customer Account.
We are required by our license to inform customers about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency.
We hold customer funds separate from company funds in a separate bank account from Business funds. This means that steps have been taken to protect customer funds but that there is no absolute guarantee that all funds will be repaid.
11. Withdrawals and Deposits:
Any reference to payments to, or withdrawals from, a Customer Account are references to payment to us, and payment by us, made through our payments systems and processes from time to time.
We offer several different methods for making a deposit or a withdrawal from a Customer Account. Further details on the payment options currently offered and any charges associated, can be found in the Help section. Information regarding deposit and withdrawal limits, processing times, qualifications and processing fees can also be found here.
Except where restrictions on withdrawal apply at any time (e.g. in relation to funds arising from bonus schemes) you may withdraw funds from your Customer Account no more than one time per week providing all payments have been confirmed and you have satisfied our verification procedures. Should you wish to make more frequent redemption requests, a transaction fee may be applied reducing the amount of your redemption.
Wherever possible funds withdrawn will always be credited back to the origin of the deposit unless we are prohibited or unable to do so, in which case your withdrawal will be processed using an alternative method. In such cases we reserve the right to conduct further verification for security purposes and charge a fee where applicable.
We do not allow any transfer of funds between Customers.
You should be advised that some credit card companies categorize gambling transactions as 'cash' and may levy a fixed and/or interest charge from the date of payment.
Where you make repeated deposits and withdrawals without commensurate play on a Games Product (to be determined at our reasonable discretion), we reserve the right to pass associated bank charges on to you by debiting your Customer Account.
Bank transfers to and from bank accounts (deposits and withdrawals) attract bank charges, which may vary according to the amount of money transferred and are to be met by the Customer.
We reserve the right to charge a reasonable commission on any currency exchanges taking place where, in our reasonable opinion, an appropriate level of play on a Games Product has not occurred such that the Customer is deemed to be abusing exchange rate fluctuations. Our currency exchange rates are calculated in accordance with a daily rate provided by www.xe.com.
We do not operate credit accounts.
12. Dormant and Inactive Customer Accounts:
If you have not logged into your Customer Account or otherwise not accessed or used it for a continuous period of three calendar months, your Customer Account shall be deemed to be dormant or inactive. Similarly, if we have suspended your Customer Account for the reasons given in the section headed Suspending and Closing an Account for such a period it shall be considered dormant or inactive.
Any Customer Account deemed to be dormant or inactive will be administered in accordance with applicable laws or regulations.
13. Suspending and Closing an Account:
In certain circumstances, we may need to suspend your Account or access to the money in your Customer Account which means that your funds may be temporarily unavailable for you to use or withdraw.
An Account or access to money in it may be suspended for a number of reasons, including where we have reason to believe that the security of your Account has been breached, or your Account is being used for any unlawful activity or fraudulent purpose (including money laundering), or if there have been chargebacks on your account, or if we have reason to believe you are involved in collusion or cheating of any kind or are under 18 or in a jurisdiction (or citizen of a jurisdiction) that renders the provision of the Games Products to you or your use of them illegal.
We will try and complete any investigations and deal with the cause of any suspension as soon as practicable in the context of any legal or regulatory obligations that we may have but until that is done we may continue the suspension or opt to close the Account at our sole discretion. We can also put a suspension in place or close your Customer Account at any time (as we may determine at our discretion).
If we suspend a Customer Account or access to the funds in it, we will remove the restrictions if you lodge a complaint and provide us with reasonable proof in relation to our concerns. You must provide such proof to us at the latest within three (3) months from the date of suspension. The procedure for lodging a complaint is set out in the section headed Complaints and Disputes below.
We reserve the right to close a Customer Account at any time in our discretion. We will give you reasonable notice before doing so, unless circumstances dictate that we legally or practically cannot do so.
You have the right to close a Customer Account at any time, provided that your Account does not show a balance is due to us. You should indicate your intention to us to close a Customer Account by contacting our Customer Service Team. In this case, you will be sent the amount standing to the credit of your Customer Account by a method of payment determined by us.
You agree that charging back any deposited funds shall be considered a breach of these Terms and Conditions and entitle us to suspend or close your Customer Account and terminate our relationship with you. In such cases we reserve the right to retain any balance on the account (including in respect of winnings) to offset any charge-back liability.
If for any reason you lose the right to the funds in your Customer Account (e.g because of criminal activity) the funds will be dealt with in accordance with applicable laws or regulations.
You should be aware that these provisions are in addition to any other provisions set out in relation to any particular Games Product (e.g in Product-Specific Terms or Game or House Rules) and that if there are conflicts the most restrictive rules will apply.
14. Deposit Limits and Self-Exclusion:
When you first deposit with us and at any time thereafter, you are entitled to set a deposit or other limit (e.g. bet/wager/table/loss). These facilities are made available to you in accordance with our Responsible Gambling Policy and you need to follow the procedures outlined there. Customers should particularly note that after setting any limits they should log out and log back in so as to be sure the limits have been activated.
We will take all reasonable precautions to ensure any limits you set are observed but we are not liable to you if you circumvent our procedures (e.g. top up your account up with funds exceeding your limit).
Whilst most Customers are able to enjoy their gambling, for a very small number of Customers gambling ceases to be fun. For those Customers who wish to restrict their gambling, we provide a self-exclusion facility. We also refer you to our Responsible Gambling Policy, which highlights how seriously we take this issue and the assistance we provide.
Self exclusion is a formal process whereby we cease to allow you to have or operate a Customer Account with us for a period of time from 6 months to permanently, at your request. You may also wish to take a break from gambling for a short period in which case you may choose to have a short exclusion (temporary self-exclusion or “Time out”) period of between 1 week and 3 months. During any exclusion period we cannot accept any deposits or bets/wagers nor allow you to access our Games Products.
After the expiry of a temporary self-exclusion period you may contact us to request that we re-open your Customer Account, which we may do at our discretion. Following such a request, if we do reopen your Account, we will provide you with a 1-day cooling off period before you once again have access to the Game Services, during which you may elect to keep the exclusion in place. After the cooling off period, you must contact Customer Support and request your exclusion again or have your account be reopened, which we may do at our discretion.
If you opt to permanently self-exclude, we will close your Customer Account and return any balance to you, and remove you from our mailing lists. Once you permanently self exclude, we cannot reverse this process for a minimum of 6 months from the date of self-exclusion and you may not apply to open a new Customer Account.
If you choose to temporarily self-exclude as a means of a “Time out” for a period of 12 months or more, we will close your Customer Account and return any balance to you, and remove you from our mailing lists. Once you self exclude, we cannot reverse this process for a minimum of 6 months from the date of self-exclusion and you may not apply to open a new Customer Account.
To use our player limits or self exclude facility, you must be logged into your Customer Account. We will action your request on receipt and confirm to you by email, on your external email account, when we have put the exclusion in place. We will use all reasonable endeavors to ensure compliance with self-exclusion requests.
Software is available from various organizations to assist you with self-exclusion. You may also find more advice and information about responsible gambling and protecting minors and vulnerable people on our Responsible Gaming link on the website.
Having implemented reasonable checks and safeguards to ensure that whilst you are self excluded you cannot access our Websites and you do not receive marketing material about gambling from us, we cannot be held liable to you or any third party if you are able to continue to gamble on the Websites, or if any marketing material inadvertently gets sent to you. You should also note that self-exclusion from the Game Services does not exclude you from other similar services and you should also take steps to self-exclude from those. We are not responsible if you continue to gamble elsewhere (whether on any other party's websites or premises).
We may be legally required to notify Kahnawake Gaming Commission of any permanent self-exclusion requests. These requests may require us to disclose your name, email and relevant contact information.
We will regard any action by you involving changing any registration details or opening up a new Customer Account with substantially the same information, but inputted into the registration form in a different way, in an attempt to circumvent an exclusion as entitling us to close your access to the Game Services permanently.
At all times during any gambling activity, whether or not during any period of self exclusion (from ourselves or other operators) we advise that you seek urgent professional help if you are in any way uncomfortable with your gambling.
15. Placing Your Bets or Wagers:
You may bet or wager up to the amount that is on deposit in your Customer Account by using one or more Games Products. We do not operate credit accounts.
You are obliged to check that the bet or wager instructions you submit are correct before confirming the bet or wager. It is your responsibility to ensure that any bet or wager put forward by you reflects your intentions and we do not accept responsibility for any mistakes you may make.
When a wager is offered by you and accepted on a Games Product, the corresponding amount is charged against your Customer Account.
At all times, where there is any disagreement as to the details of any bet or wager staked on a Games Product or the outcome of any bet or wager, our electronic records shall prevail.
Some third party game providers may not provide full information about the betting details for each transaction and only summary information is available. If you have an inquiry into the betting transactions and require additional information for a third-party game, please contact player support.
If a customer opts to employ a mechanical device or software to play on their behalf, management reserves the right to close the account without notice.
Any proposition or other information placed by us on any part of the Game Services is not an offer but is an invitation to Customers to put forward a bet or wager transaction for acceptance by us. A bet or wager is deemed to be valid only following electronic confirmation of acceptance. Only then is it lodged in our servers. This acceptance is demonstrated with the generation of a Hand or Game Identification number or other transaction or play reference.
You agree that the records of our Game Services shall be the final authority in determining the validity and terms of any bets or wagers you place and the circumstances in which they were made.
We reserve the right to refuse all or any part of a bet or wager offered to us, void any accepted bet or wager and withhold settlement for any reason justifying such refusal voiding or withholding such as (but not only) if we have reason to believe:
You are under the legal age for gambling in your country of residence;
You are involved in any activity which in our discretion is illegal or unacceptable including fraud, money laundering, collusion, bonus abuse, match rigging or cheating of any kind;
You are in a jurisdiction (or citizen of a jurisdiction) that renders the provision of any Games Product to you or your use of it illegal.
We are only obliged to pay out winnings that have been genuinely won in accordance with these Terms and Conditions. All winnings will be credited to your Customer Account.
In the event of a game interruption due to network connectivity, a game malfunction or other anomaly which interrupts the flow of game play, the player’s initial wager will be refunded. Game malfunction voids all pays and plays.
16. Computer Transmissions and Random Number Generator Software:
You fully accept that the Game Services and your interaction with it are dependent on the satisfactory operation of computer systems and networks, including communications media, and that such operation is not guaranteed to be available or accurate or satisfactory at all times.
You also accept that all instructions and responses are sent between you and us and/or third parties over the Internet or by other connecting media over which neither you nor we have control and that we do not accept any risk of malfunction or inadequacy in any way of connecting media.
We will use all reasonable endeavors to deal with any failure or malfunction of our own systems and to treat Customers fairly in that respect and some of the consequences of such events (in particular regarding interrupted play) are dealt with in Product-Specific Terms and Conditions or applicable House Rules or Game Rules.
Our records shall be conclusive evidence as to all transactions made with us both in relation to their nature and value.
You fully accept and agree that random number generator software will determine the outcome of bets or wagers on the Games Products (excepting any peer to peer games) and that the records of such software will be final and conclusive in all respects.
Any Client Software supplied to you or downloaded by you to enable or facilitate connection with a Games Product is regarded as your input software to the Game Services and information delivered by it will be binding on you.
17. Security and Privacy:
You agree that security is important to both of us. In addition to security checks we will use all reasonable endeavors to protect the security of our operations and communications between you and us including the use of secure technology to protect the information Customers submit to us.
We will use all reasonable endeavors to maintain for our own systems anti-denial-of-service (DOS) and anti-distributed-denial-of-service (DDOS) protection, anti-virus and other technological means and processes to safeguard access to our systems and the information contained in it against malicious attack.
You acknowledge that we are entitled to share or may be required to share your personal information with regulators and authorized bodies as required by regulations affecting our operations as well as with law enforcement authorities for the purpose of investigating fraud or money laundering or any other unlawful act.
18. Data Protection and Personal Data:
To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
19. Fraud, Collusion, Improper Behavior and Unlawful Activity:
We may have reason to suspect that you have been involved in fraudulent, improper, collusive, misleading, fixing, manipulative, cheating or other unacceptable activity (whether or not unlawful) in relation to your access to or use of the Game Services . Such activity can include (but is not limited to)
that you have used or attempted to use any software-assisted methods or techniques or hardware devices for participation in any Games Product or manipulation of any of our gaming or other systems;
that you have introduced or attempted to introduce any virus or other harmful or malicious application or material to our systems;
that you have introduced or attempted to introduce any defamatory, obscene, abusive or unlawful material to our systems;
that you have colluded or attempted to collude with another user or users of a Games Product;
that you have been participating in any act of intentionally losing money to another player (such as chip dumping);
that you have abused or misused any bonus offer or promotion offered by us; that you have provided incorrect information.
that you have provided incorrect information.
If we do have any suspicions we shall be entitled to take such action as we deem appropriate, including without limitation, immediately blocking you from accessing any Games Product; closing your Customer Account; suspending your Customer Account; seizing all funds in your Customer Account; and voiding any bets or wagers placed by you which appear to us to have been made utilizing such activity.
We reserve the right to seek the fullest civil and criminal sanctions against any Customer involved in fraud and to notify the relevant regulatory or law enforcement authorities where appropriate. We reserve the right to withhold payment to any Customer where fraud is alleged or suspected.
You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or liabilities incurred by us (including any direct, indirect or consequential losses, any loss of profit and loss of reputation) arising directly or indirectly from your fraudulent, improper, collusive, misleading, fixing, manipulative, cheating or other unacceptable activity (whether or not unlawful).
20. Chat/Community Rooms:
In some Games Products we may offer you the opportunity to interact with other customers in virtual chat/community rooms. The purpose of these rooms is to provide entertainment and communication to all Customers. We reserve the right to remove such rooms totally or to block access to such rooms for any Customer at any time.
You agree that you are responsible for your use of chat/community rooms and you undertake to comply with chat/community room rules in these Terms and Conditions and on specific Games Products. You accept that if you breach any room rules, you will be locked out from the room, either for a period of time or permanently.
You agree that all chat must be in English or the language specific for any specially designed language games and that you may only chat in a way that would be appropriate in a face-to-face meeting.
In particular, you accept that any foul, abusive or inappropriate language will not be tolerated and that you are not allowed to harass, threaten or embarrass other customers.
You agree that you will not post or transmit through chat/community rooms any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way upon the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause offence, distress or inconvenience or which do not comply with all relevant laws.
You accept that chat/community rooms will be supervised and that all conversations in such rooms will be logged and recorded and suspicious chats reported to the relevant authorities.
You also accept that you are not allowed to promote any betting or gaming products (other than the Games Products) in the chat/community rooms or elsewhere on the Websites.
You accept the need, when using any chat/community room, to always take the following precautions: keep your identity private and do not give out your full name, address, telephone number, email address, or any other information (other than that specifically requested by the Chat Moderator), that could help someone discover your actual identity. We reserve the right to amend your chosen chat or nickname where it is deemed that the name is inappropriate or may cause offence or embarrassment to other users.
You agree that we have the right to copy, use, distribute, adapt, modify, display, reproduce and transmit any information that you may put in any chat/community room and to allow other users of the Game Services to view and copy such information for personal use. However, you agree that you are not entitled to do any of this without our approval and that we are not obliged to give it.
You agree that, except for information posted by ourselves, all information shared in any chat/community room represents the personal input, opinions, views or other expressions of the applicable user and not those of ourselves and that we are not liable for any of them.
You accept responsibility for any information you share in any chat/community room and that you are liable for any consequences of such information.
You agree that we have the right to edit or delete any information put in to any chat/community room, including without limitation any information which contravenes any of the above rules.
21. Bonuses and Promotional Offers:
You understand that when you register for the Game Services you are asked to indicate on the registration form whether you consent to receive marketing literature or information either from us, our partners or selected third parties.
We may from time to time offer or award you complimentary or bonus amounts to be credited into your Customer Account. Bonuses may only be used in conjunction with the Games Products specified when the bonus is offered or awarded. Use of any bonus shall be in accordance with additional Terms and Conditions of the relevant bonus offering or applicable promotional terms and bonus release restrictions contained in the relevant offer or award.
Bonus offers and promotional offers (unless expressed to be generally available) are intended for the addressed recipient or category of persons only and cannot be transferred. If you are not the intended recipient or you are not part of the intended category, then the offer cannot be accepted by you.
Where we offer to match a Customer's initial deposit to an Account, this matching money will be earned following cash play on the relevant Games Product and will be credited to the Customer Account in accordance with the terms and conditions of the promotion. There will be only one initial matched deposit per Customer.
You accept that is your responsibility to ensure that any bonus offer or promotion you are interested in is still available (if only available for a particular period), that you are eligible for it, and that you understand any terms which apply to it.
We reserve the right to limit the number of times that you may participate in a bonus or promotional offer. Except as otherwise expressly stated in the offer itself, bonuses and promotional offers are limited to one account per person, family, household address, email address, credit card number and other common environments (fraternity, university, libraries, etc.). Where multiple participation is permitted, we reserve the right to limit the number of participations, in our sole discretion.
The identity of participants in any bonus or promotional offer will be determined on the basis of such criteria as we may select in our discretion, such as all or any combination of the following: name, address, email address, credit/charge/debit number, IP address and other forms of identification.
Unless expressly stated otherwise in the applicable terms, bonuses and promotional offers may not be used in combination with any other bonus or promotion scheme.
If imposed, release requirements or cash out restrictions must be satisfied before any bonuses or promotional amounts can be played with or cashed out. Use or withdrawal of any bonus or promotional amounts will only be possible by complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions.
All cash outs may be subject to audit before processing and we reserve the right to reclaim bonuses or any winnings if a cash-out fails any audits.
Complimentary Bonus funds are extended to players as a means of supplementing their play time and are not intended to replace cash deposits and wagers. Manipulation of our bonus structure to preclude new cash deposits and facilitate continuous redemptions is considered an abuse of intention. Players exhibiting this behavior may have bonus privileges suspended at the discretion of management.
22. Licence Agreement and Intellectual Property:
The Game Services and Games Products include any Client Software owned by or licensed to us that may be supplied by us to you or downloaded from sources made available by us for use with any part of the Game Services and Games Products and include also all trade marks, trade names, domain names, logos, pictures, design, graphics, photographs, animations, videos, music, audio, text and other content.
You acknowledge that all ownership rights and all copyright and other intellectual property rights are owned by us or our licencors and that you have no right, title or other interest in any such items except as expressly stated in the Terms and Conditions.
You are granted a personal, non-exclusive, non-assignable and non-transferable licence to use the Game Services solely for the purposes of accessing and using the Game Services and Games Products and for no other purpose whatsoever.
You may not sub-license, assign or transfer the licence granted to you, or rent or lease or part with the whole or any part of such licence.
You may use any Client Software on a computer on which, at the time of such use, you are the primary user.
You may not transfer, copy, reproduce, distribute, exploit or make any other use of material on the Websites in any manner other than for the purposes of displaying it on your computer screen and printing it in order to view its content.
You may not link the Websites to any other website without our permission.
In relation to any of the Games Services or Games Product or Website, you may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code, or create derivative works based on it; infringe the copyright or other intellectual property right or ownership right in any of it whether by unauthorized copying or distribution or otherwise all of which is strictly forbidden and you accept that if you do so we are entitled to take civil or criminal proceedings against you as we consider appropriate.
You may access information on, and download and print extracts from, the Websites for your personal use only. No right, title or interest in any downloaded materials or Client Software is transferred to you by downloading and you are expressly prohibited from using such materials for any commercial purpose unless this has been agreed with us in writing in advance.
Nothing in these Terms and Conditions, and in particular in this section, shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence.
You accept that the Game Services , the Games Products, all Websites and any Client Software are made available or are provided to you "as is" with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) is excluded to the fullest extent permitted by law.
Under no circumstances (including, without limitation, in contract, negligence or other tort) are we or any of our software providers or licensors liable for any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to access or use, the Game Services , the Games Products, any Website and any Client Software or any element of them even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable. You agree to indemnify us and our software providers and licensors against any claims in respect of any such matter.
Where your play has been interrupted for some reason, the consequences of such an event will be dealt with according to the Product-Specific Terms, House Rules or Game Rules applicable to the relevant Games Product you are participating in.
You may use any Client Software on a computer on which, at the time of such use, you are the primary user, and you indemnify us against any of the following instances:
the defamatory, offensive or illegal conduct of any other Customer or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another Customer or otherwise;
any loss whatsoever arising from the use, abuse or misuse of your Customer Account or any of our products and services and the corresponding Websites;
any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;
any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications' lines failure (including any failures that affect the ability for interactive television return-path capabilities), distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our products and services;
the accuracy, completeness or currency of any information services provided or any statistics shown on the Websites;
any failure on our part to observe any self-exclusion policies that we may have in place from time to time; or any failure on our part to interact with you where we may have concerns about your activities.
You accept that we do not endorse the content of and we are not responsible for the content or information in any third party advertising, marketing, links or other presence on the Websites. In particular, we are not responsible.
You agree that we are free from any claim or demand, including reasonable legal fees, made by any third party in connection to your use of the Websites including you breaching any Terms and Conditions, any applicable laws, or the rights of another person or entity.
You agree that our maximum liability under this agreement, in all circumstances other than for the payment of winnings or other monies due to you from your Account, is US$2,000 (or the alternative currency equivalent).
You accept that we are not responsible for compliance with the fact that you may be legally obliged to account and make payments to the relevant tax authorities in respect of your use of or access to the Game Services or the Games Products including in
You accept that you shall have no cause of action or other rights or claims against the software developer of the Games Products for any matter, cause or thing involving your participation in the Games Products.
24. Complaints and Disputes:
If you make a complaint, we will investigate the matter in a manner that is fair and objective and advise you of the outcome and/or our decision as soon as we reasonably can. We may have to ask you for more information or appropriate evidence from you for the purposes of dealing with your complaint.
By "complaint" we mean a complaint you have about any aspect of our conduct in relation to your dealings with us and by "dispute" we mean either a complaint which is not resolved through the Complaints Procedure or a disagreement which relates to the outcome of a gambling transaction on a Games Product.
If you have a complaint, you should in the first instance contact the Customer Support Team. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint. Complaints will be dealt with under the Complaints Procedure.
We will use our reasonable efforts to resolve a Complaint promptly. If for some reason you are not satisfied with our resolution of your complaint, you have the right to escalate the matter as set out in our Dispute Resolution Policy
All disputes are dealt with under our Dispute Resolution Policy.
We reserve the right to record all communications with you and any other person regarding complaints or disputes. If there is a dispute as to the contents of any such communication, reference will be made to such records and to our transaction database which, in the absence of any contrary evidence, shall be decisive.
You are reminded that under other provisions of the Terms and Conditions both you and we have the right to close or suspend the operation of your Account and that this may happen whilst a complaint or dispute is pending.
You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaints or disputes to any third party other than under the Dispute Resolution Policy (which shall include the discussion of any such any complaints and disputes in any chat room or forum offered by ourselves or any third party with the exception of the designated Alternative Dispute Resolution entity, “ADR”, designated by Kanataplay or Kahnawake Gaming Commission).
You accept that any failure to comply with this confidentiality obligation is a breach of the Terms and Conditions and that we reserve the right not to continue seeking a resolution to your complaint or dispute.
25. Dispute Resolution Policy:
If you have a dispute which does not arise from an unresolved complaint you should as a first stage use our Complaints Procedure to seek a resolution of that dispute. You are not obliged to do so and may refer immediately to an independent adjudicator as set out below.
You may refer a dispute (including an unresolved complaint) to Kahnawake Gaming Commission which is the body designated to act as the ADR for us with reference to these Terms & Conditions. If the dispute relates to a Games Product, the appropriate adjudicator is determined by reference to that Games Product.
Any dispute that does not relate solely to a particular Games Product shall be referred to the regulator of the Games Product on which you have gambled most.
Where a dispute is referred to a regulator this will be dealt with according to the laws and dispute resolution processes specified by such regulator and the resulting decision shall be final and binding and you therefore will not have further recourse to the courts. Where you refer a dispute to any other independent third party you will always have recourse to the courts if you feel it appropriate.
If you do not understand any of the Terms and Conditions, then please contact our Customer Support Team.
The Terms and Conditions (and all the documents referred to herein) constitute the entire agreement between us and there are no other terms applying.
No part of the Terms and Conditions shall be considered as waived by any party unless a waiver is given in writing by that party.
We shall not be liable for any breach of this agreement by us in so far as it is caused directly or indirectly by circumstances beyond our reasonable control and which prevents us from performing our obligations to you.
These Terms and Conditions are drafted in the English language. If at any time they are presented to Customers in another language and there is a conflict or inconsistency between the English language text and any text in another language, the English language text shall prevail.
You may not assign, transfer, charge, create a trust over or otherwise deal in all or any of your rights and/or obligations under the Terms and Conditions (or purport to do so) without our prior written consent. We are entitled to assign, transfer, charge, create a trust over or otherwise deal in our rights under the Terms and Conditions as we see fit.
If any of the 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 the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of the Terms and Conditions.
Any applicable taxes and fees in connection with any awarded winnings or prize are the sole responsibility of the Customer. Winnings or prizes cannot be transferred, substituted, or redeemed for any other win or prize.
Nothing said or written by any employee or agent of the company shall constitute a variation of the Terms and Conditions or an authorized representation about the nature or quality of any aspect of the products or services that we offer. Except in the case of fraud or fraudulent misrepresentation, we shall have no liability to you for any such unauthorized representation.
27. Governing Law and Jurisdiction:
The Terms and Conditions and all of their constituent parts are governed and regulated by Kahnawake Gaming Commission, Licence Number: 00826-A.
28. Shared Games, Table and Database Platform:
Without limitation to the restriction on having multiple accounts in the General Terms and Conditions, we may require that you only have one account with us on the Shared Game Platform.
You agree that you may be pooled into a Shared Game Platform, at our sole discretion, and that to the extent that you breach the terms and conditions of one site or brand that operates on the Shared Game Platform, we may have you blocked, in part or full, from the entire system so that you may not play through any website or brand using or on the Shared Game Platform.
29. Bet-Placing Cancellation and Withdrawal:
When you place a bet, ante or blind at a table during a cash game, this money is considered in play and may not be cancelled or returned to you.
Where you have pre-selected a bet button that would automatically instruct a bet to be made, if you wish not to bet, you must unselect the bet button before your turn comes otherwise a bet will be made automatically.
In the case of tournaments, additional terms may apply and these may include when a tournament buy-in is made, you have the option to un-register from the tournament before it has deemed to have commenced and to be refunded the full buy-in amount. Some exceptions may apply depending on the type of tournament and whether you have made a direct buy-in to the tournament or advanced from a satellite.