Terms and Conditions
Introduction
By using and/or visiting any section of the Website www.spinaway.ca ("Website") or by opening an account on the Website you agree to be bound by:
- the General Terms and Conditions, on this page;
- the Privacy Policy;
- Any game rules;
- Any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time.
- All of the terms and conditions listed above shall together be referred to as "the Terms", "Terms" or "these Terms".
- Please read the Terms carefully before accepting them. If you do not agree to accept and be bound by the Terms, please do not open an account or continue to use the Website. Your continued use of the Website constitutes acceptance of the Terms.
- You acknowledge and understand that the Company is conducted and managed by iGaming Ontario, an agency of the Government of Ontario that conducts and manages online gambling in the Province of Ontario.
- Any reference made to contact customer support refers to the contact link [email protected]
Parties
- SpinAway is operated by NGame N.V, having its address at Abraham de Veerstraat 9, Willemstad, Curacao. NGame N.V is licensed and regulated under the Alcohol and Gaming Commission (“AGCO”) with license number OPIG1242639. Play responsibly. Gambling can lead to addiction. If you need any help you can contact Connex Ontario via https://www.connexontario.ca/en-ca/, or directly via phone: 1-866-531-2600. You must be 19+ years old and physically located in Ontario to wager.
- In these Terms:
- reference to "Deposit Funds" means the funds that you deposit into Your Player Account, in each case that have not been spent on (committed to) bets including bets which are not yet settled, plus Winnings;
- reference to "Bonus Funds" means any funds that we credit to Your Player Account by way of a bonus or promotion and any winnings generated from bonuses which is not immediately withdrawable or redeemable in cash and all winnings made with the bonus funds which are subject to uncompleted wagering requirements;
- reference to "All Funds" means both the Deposit Funds and Bonus Funds; and
- reference to "Winnings" is to any and all winnings from wagers made with money which you deposited into Your Player Account and winnings from any bonus which are not subject to wagering requirements or in respect of which the wagering requirements have been satisfied.
Changes to the terms of use
- We may need to change the Terms for a number of reasons, including but not limited to, for commercial reasons, or in order to comply with new laws and regulations. The most up-to-date Terms are the ones available on the site, and the date on which they came into force is stated at the top of these Terms.
- We will notify you of material changes to these Terms prior to them taking effect. We will notify you of any material changes, or of any other changes to the Terms which we wish to notify you of, by email or by placing a notice on the Website. Prior to any material changes coming into effect, you will be requested to confirm that you have read and accept the new terms and conditions. In the event that you do not, you may withdraw your funds and close your account at any point in time.
Your account
- In order to place a bet or play games via the Website, you will need to open an account on the Website ("Your Player Account"). In the event that you are registering or depositing via a form of electronic verification, you authorize us to receive your personal details from such third party system and, on the basis of that information, to create Your Player Account.
- You may not access the Website and the casino games present on the Website from any jurisdiction other than the Province of Ontario. The Company will monitor and detect Your current location and will only allow real money wagers coming from the Province of Ontario.
- When attempting to open an account or using the Website, it is the responsibility of the player to verify whether gambling is legal in that particular jurisdiction.
- It is prohibited to use software or code that aims to deliberately bypass security, fraud, or regulatory controls including software that obfuscates, manipulates or falsifies data related to your location or machine used to access the website.
- A player must register personally by following the on-screen instructions.
- When you open Your Player Account you will be asked to provide us with personal information, including your name, date of birth, and appropriate contact details, including an address, telephone number and e-mail address ("Your Contact Details"). Prior to activating your account we may request that your account is verified by email or SMS for security and/or regulatory reasons. You will also need to supply us with information regarding your occupation or principal business and your electronic signature card.
- You hereby acknowledge and accept that, by using the services at the Website, you may both win and lose money.
- Your Player Account must be registered in your own, legal, name. You may only open one account on this Website and in association with this brand. Any other accounts which you open subsequently on this the Website or otherwise in association with this brand shall be considered "Duplicate Accounts". Any Duplicate Accounts may be closed by us immediately and:
- any Bonus Funds will be confiscated and forfeited by you and any remaining Deposit Funds (less any Winnings) will be returned to you on request (minus any reasonable charges) subject to these Terms and any legal or regulatory obligations with which we are required to comply;
- Any Winnings or bonuses which you have gained or accrued or (in relation to outstanding (unsettled) bets) may gain or accrue and which have been or may be credited to Your Player Account and/or withdrawn by you from Your Player Account during such time as the Duplicate Account was active will be forfeited by you and may be deducted from Your Player Account or reclaimed by us, and you will return to us on demand any such funds which have been withdrawn from the Duplicate Account.
- You must maintain Your Player Account and keep your details up-to-date and secure. If you wish to close Your Player Account you must send a request to do so to [email protected]. On account closure, any Bonus Funds will be cancelled and any Deposit Funds less than CA$3 will be appropriated and used to fund responsible gaming charities of other similar good causes projects.
- You may re-open a closed account by contacting customer support during the data retention period, as notified in the Privacy Policy. We hold customer funds in a separate account from Company funds accounts. This means that steps have been taken to separate customer funds but customer funds are not protected in insolvency: not protected segregation.
- Subject to us first obtaining specific and withdrawable consent from you, we may keep you informed about changes on the Website, and about new services and promotions, by email, phone and SMS. At any point in time, the user can opt out from receiving such communications by sending an email to [email protected] or choosing "My Account" - "My Details".
Verification of your age and identity
- You confirm that:
- You are at least 19 years of age, or any higher age required by laws that apply to you (the "Legal Age"). When opening an account, you will be required to confirm that you are the Legal Age.
- The details supplied when opening Your Player Account are correct;
- You are the rightful owner of the money in Your Player Account;
- You are a resident in a jurisdiction which allows gambling;
- You are physically located in Ontario to wager.
- The money deposited is not derived from any activity which is illegal;
- You are not a member of AGCO - Alcohol and Gaming Commission of Ontario;
- You are not part of the board of directors or an employee or officer of OLG - Ontario Lottery and Gaming Corporation;
- You are not part of the board of directors or an employee or officer of iGaming Ontario;
- You are not an employee, officer or part of the board of directors of the Company;
- You are not an employee of a registered supplier who maintain gaming equipment for the Company
- You are not registering an account for a third party. Your Account is on your behalf only and You may only make wagers on your own behalf and not for any other individual(s);
- You are not a PEP (Politically Exposed Person) in Canada or outside of Canada or a family member or someone associated with a PEP. You must notify the Company immediately if there's any change to your PEP status during the period your Account is open with the Company.
- You are not a HIO (Heads of International Organizations) in Canada or outside of Canada or a family member or someone associated with a HIO. You must notify the Company immediately if there's any change to your HIO status during the period your Account is open with the Company.
- The Company will follow and comply with the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. NGame N.V will also comply with any additional requirements issued by FINTRAC, The Financial Transactions and Reports Analysis Centre of Canada. Furthermore, in the event of any suspicious transactions, the Company may suspend, block or close the account(s) of the relevant player(s) and withhold All Funds in the relevant Player Account(s) as may be required by law and/or by the competent Authorities.
- For a deposit or withdrawal that we suspect to be fraudulent, we reserve the right to request proof of deposit or withdrawal bank account information to verify that the details provided are accurate, before permitting funds to be withdrawn from the Account.
- We may check any transactions made by players on our Website in order to prevent money laundering and all other illegal activity.
- By agreeing to the Terms you authorize us to undertake such checks as we may require ourselves or may be required by third parties (including regulatory bodies and Authorities) to confirm your age, identity and contact details in order to prevent money laundering (the "Checks").
- We reserve the right to delay or withhold any payment to/from Your Player Account (including Deposit Funds), until we are satisfied that your identity, age and place of residence have been suitably verified.
- We are required to undertake verification of your age, identity and address.
- We may use third party providers to undertake these Checks on our behalf. By agreeing to these Terms you authorize us to provide your personal details to such third parties, who will keep a record of the information we provide to them. In the event that we do not receive the required information from you, or we are otherwise unable to verify your identity, we may terminate these Terms, close Your Player Account and (where there are already funds loaded onto Your Player Account) return to you on request any Deposit Funds in Your Player Account at the time we placed a lock or restriction on Your Player Account, plus any funds deposited after the lock was placed on Your Player Account, subject to these Terms and except where it is necessary for us to delay or withhold the payment to you of all or some of your Deposit Funds to comply with our legal and regulatory obligations including our anti-money laundering and fraud prevention obligations.
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In certain circumstances we may have to contact you and ask you to provide further information to us in order to complete the Checks. It shall be at the sole discretion of the company to decide, on a risk-based approach, which timeframe to consider for purposes of triggering the Checks. If you do not or cannot provide us with such information or such information is not satisfactory, then in accordance with paragraph 5.7, we may lock or restrict Your Player Account until you have provided us with such information, and if we do not receive the required information, or we are otherwise unable to verify your identity, we may terminate these Terms, close Your Player Account and may return to you on request any Deposit Funds in your account at the time we placed a lock or restriction on Your Player Account, plus any funds deposited after the lock was placed on Your Player Account, subject to these Terms and except where it is necessary for us to delay or withhold the payment to you of all or some of your Deposit Funds to comply with our legal and regulatory obligations including our anti-money laundering and fraud prevention obligations. To complete our Checks we may ask you for:
- Passport, national identity card or driving license together with a recent utility bill (e.g. gas, electric, council tax, bank or building society statement,) less than three months old;
- Proof of ownership of payment method - depending on the deposit method used, this may include a copy of the debit card used, screen shot of the e-wallet or a recent bank statement;
- Any other documents that we consider necessary in order to complete our Checks.
- In certain circumstances we may also have to ask you to provide information in relation to your source of funds and source of wealth. This includes supplying a source of wealth declaration and any supporting documentation as to the declared source of wealth, including but not limited to, bank statements and pay slips. We retain the right to lock Your Player Account and suspend any further deposits, if you fail to provide us with the information and documentation requested. We may further suspend withdrawals to comply with our legal and regulatory obligations including our anti-money laundering and fraud prevention obligations where we have a suspicion in relation to Your Player Account.
- If we are unable to confirm that you are of Legal Age we may suspend Your Player Account. If you are proven to have been under the Legal Age at the time you made any gambling or gaming transactions, then:
- Your Player Account will be closed and any remaining (unspent) Deposit Funds paid to you;
- Any Winnings and/or Bonus Funds which you have accrued during such time will be confiscated and forfeited by you and you will return to us any such funds which have been withdrawn from Your Player Account;
- Any Winnings in Your Player Account will be forfeited.
- In the event that a player under the age of 19 creates an account, but then plays again when over 19, we deem any use of our system as an acceptance of the then current terms and conditions and we shall not refund deposits and allow the player to keep any winnings.
- Subject to the amount, we are obliged to request ID/POA and proof of payment if the withdrawal account is different to the deposit method used
Inactivity and deletion of player accounts
- Unless otherwise prohibited by local regulations, if a player account remains inactive (i.e. when no login is performed via the Website) for a period of more than 12 months, we are entitled to charge a monthly account maintenance fee of CA$5, starting on the 13th month of inactivity. Following 12 months of uninterrupted inactivity, we will send a reminder mail to you via the e-mail address saved in Your Player Account details. Upon receipt of this reminder mail, you will have 30 days to log into Your Player Account and also to withdraw funds. If no login is registered within this 30-day period, CA$5 of Deposit Funds, or in the absence of Deposit Funds, Bonus Funds, will be deducted from the balance. If the balance is less than CA$5 then the whole amount will be deducted. From the 12th month of inactivity onwards a monthly charge of CA$5 will be incurred and deducted from the real money credit or bonus money credit of the player account accordingly. Provided that if the account is inactive due to a definite period of self- exclusion, inactivity fees shall not be charged during that period and resume 30 days following the expiration of the definite self-exclusion period.
- If Your Player Account remains inactive for a total period of 30 months, we will close Your Player Account. Any remaining funds will be kept by us for you for a period of five (5) years.
- In respect of Account Closures, you must ensure that the Deposit Funds balance of your account has been withdrawn prior to making your request. Where you hold a balance equal to or less than CA$3 or currency equivalent we will deduct this from your account automatically and Close the Account. Any remaining Bonus Funds will be cancelled on account closure.
Username, password and customer information
- After opening Your Player Account, you must not disclose (whether deliberately or accidentally) your username and password to anyone else. If you have lost or forgotten Your Player Account details you may retrieve your password by clicking on the "Forgot Password?" link below the login portal.
- We shall not be held responsible if there is any unauthorized use of Your Player Account for any reason not directly imputable to us. You are solely responsible for the use and operation of Your Player Account, as well as for the security of the credentials to access Your Player Account.
Deposits to your player account
- Deposits are made by transfer of money to the Company's account by way of the payment methods stated on the Website. The payment methods currently available include debit cards, e-Wallet payments, Prepaid Cards, Instant Banking, Fast Bank Transfers and Bank Transfers. The Company reserves the right, to change the accepted methods of payment at its sole discretion. The Company further reserves the right to accept certain methods of payment only subject to the fulfilment of certain conditions. The Company does not warrant that all methods of payment are available at all times. To verify which payment and withdrawal methods that are currently available and the minimum deposit amount and transaction fees applicable kindly visit our Deposit tab in the main page of our Website.
- We do not accept cash funds or cheques sent to us.
- By depositing money you agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Player Account, and you agree to refund and compensate us for any reasonable costs incurred by us in connection with any charge-back, reversal or cancellation of any deposits.
- The Company can, under certain circumstances, credit Your Player Account with so called bonus money (which will form part of any Bonus Funds in your account). Before we credit Your Player Account with any bonus money, you must read and agree to the terms upon which the bonus money or promotion will be granted to you. We will notify you of these terms either to the email used to register your account or via "pop-up". We run a number of promotions on the Website at any time. If you would like to review any of the terms applicable to our promotions please see: General Bonus Terms in the footer of the Website.
- Any Bonus Funds are displayed separately from any Deposit Funds in Your Player Account. Bonus Funds can only be withdrawn once they have been converted into real cash Winnings that form part of your Deposit Funds. If Your Player Account contains both Deposit Funds and Bonus Funds, this is the order in which funds will be applied for wagering: 1/ firstly the Deposit Funds required to trigger the bonus will be deducted from your Deposit Funds (if available) (i.e. if You are required to deposit CA$100 (or other currency or value) in order to claim a bonus, and there is CA$100 or more in your Deposit Funds, then that CA$100 will be deducted from your Deposit Funds first). The Deposit Funds so deducted will be the first used in any wagering. If there is no requirement for you to deposit your own funds to trigger the bonus or no such bonus arrangement applies then 2/ and 3/ below will apply; 2/ secondly any available Bonus Funds will be used; and 3/ thirdly any remaining Deposit Funds will be used. Specific bonus and promotion terms and conditions will be published on the Website in conjunction with the launch of any bonus or promotion. If you request to withdraw all or some of the Deposit Funds used to activate a promotion or bonus before fulfilling any of the terms and conditional applicable to any Bonus Funds (including, but not limited to, any wagering requirements) or otherwise whilst a promotion or bonus is active or pending on Your Player Account you will forfeit any Bonus Funds in Your Player Account associated with the relevant promotion or bonus in their entirety. Any Deposit Funds that you have deposited which is not related to any bonus (i.e. which was not required to be made in order to claim Bonus Funds or to participate in any promotion) are free to be withdrawn at any point in time and will not result in the forfeiture of any Bonus Funds.
- Your Player Account is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any banking insurance system. Additionally, any money deposited with us in Your Player Account will not earn any interest.
- In relation to deposits of funds into Your Player Account, you shall only use such debit cards and other payment methods that are valid and lawfully belong to you.
- Deposits to Your Player Account can be made in a number of permitted currencies chosen by you upon registration. Deposits made to Your Player Account will be made in the currency chosen at registration. If you are depositing using an account with a bank or a payment service provider denominated in a currency other than that associated with Your Player Account, be aware that you may incur conversion charges levied by your bank or payment service provider. We do not provide any currency conversion facility and should you have any dispute in respect of currency conversion rates, please contact your bank or payment service provider
- If you make deposits into Your Player Account using any payment method belonging to someone else (a third party), we retain the right to request further information and documentation from you and from the other person (the third party) to confirm that you are duly authorized to use that payment method. We will place a lock on Your Player Account until we are satisfied that you are duly authorized to use the payment method in question. If you are unable to provide us with satisfactory proof of your authority to use the other person's (the third party's) payment method, then we reserve the right to close Your Player Account and any Winnings and Bonus Funds will be confiscated and forfeited by you, as will any funds committed by you to bets which at the relevant time are yet to be settled. We also reserve the right to delay or withhold the payment to you of any Deposit Funds on receipt of a withdrawal request from you in order to comply with our legal and regulatory requirements.
Withdrawals from your account
- All payments made into Your Player Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled;
- Any Checks referred to in paragraph 5 above have been completed;
- You have made a minimum of one deposit to Your Player Account and you have wagered at least once, in full, the deposited amount. Should you request to withdraw Deposit Funds without first turning them over at least once, such request will be reviewed and the processing of the withdraw will be delayed until we are satisfied that the withdrawal does not pose any legal or regulatory risk to us.
- We are not otherwise required to delay or withhold the payment to you of all or some of your Deposit Funds in order to comply with our legal or regulatory requirements and we are not pending any documentation from you pursuant to the Checks.
- The withdrawal is in excess of the minimum withdrawal amount of CA$10 or the equivalent amount in any other currency. please refer to your selected payment method in the Cashier.
- We will attempt to accommodate your request regarding the payment method and currency of your withdrawal. This, however, cannot be guaranteed. Unless we otherwise agree (in our absolute discretion), all withdrawals will be remitted only to the same account from where the funds paid into the player's account originated. We reserve the right to charge a fee amounting to our own reasonable costs (including the cost of the deposits) for withdrawals of funds that have not been put into play.
- A player may not withdraw any Bonus Funds other than in accordance with the terms and conditions applicable to the relevant Bonus Funds.
- You are responsible for reporting your Winnings and losses to your local tax or other Authorities.
- Withdrawal timeframes are dependent on the verification status of the customer. As part of our licensing requirements we must collect documentary evidence of customer's identity, proof of address, proof of ownership of payment method, proof of source of funds and/or proof of source of wealth under certain circumstances and this can affect the approval times of withdrawal processing.
- If Your Player Account has been dormant, closed, blocked or excluded for any reason other than for compliance with our client verification measures and for any period of time, you may contact our support team to request to recover any Deposit Funds that might still be in Your Player Account. Our support team will investigate any such request and we will contact you (subject to our legal and regulatory obligations) with information about how the Deposit Funds will be transferred back to you. You will need to answer a number of security questions for us to be able to verify that you are the legal owner of Your Player Account. If there is a dispute over Your Player Account or the funds held within it:
- the dispute will be dealt with in accordance with our Complaints Policy as detailed at paragraph 23 of these Terms. A more detailed Complaints Policy can be made available to you on request.
- In relation to withdrawals of funds from Your Player Account, you shall only use such debit cards and other payment methods that are valid and lawfully belong to you.
- Withdrawals from Your Player Account can be made in a number of permitted currencies chosen by the user upon registration. Withdrawals from Your Player Account will be made in the currency chosen at registration. If you are withdrawing to an account with a bank or a payment service provider denominated in a currency other than that associated with Your Player Account, be aware that you may incur conversion charges levied by your bank or payment service provider. We do not provide any currency conversion facility and should you have any dispute in respect of currency conversion rates, please contact your bank or payment service provider.
Placing a bet or gaming
- It is your responsibility to ensure that the details of any transaction you enter into are correct. Although the Company endeavors to ensure that the information available on its Website is correct, the Company assumes no liability for the any errors or any out of date, incorrect or incomplete information, including (without limitation) any results made available on the Website or the accuracy of any scores, statistics and intermediate results during in-play betting. Please refer to our Betting Rules which can be found in the footer of the Website for information relating to the settlement of bets. For the purpose of in-play or in-running betting, the player should be aware that there may be delays to live transmissions and the extent of any delay may vary between players and between events.
- You can access your last 90 days transaction history on the Website.
- We reserve the right to refuse the whole or part of any bet or wagering transaction requested by you at any time in our sole discretion. No bet or wagering transaction is accepted by us until the amount equivalent to the stake is deducted from the relevant balance in Your Player Account.
- Once your bet or wager is accepted, you cannot cancel the bet or wager without our written consent.
Collusion, cheating, fraud and criminal activity
- The following activities are not permitted and constitute a material breach of these Terms:
- Colluding with third parties;
- Using unfair advantage or influence (commonly known as cheating), including the exploitation of a fault, loophole or error in our software, the use of automated players (sometimes known as 'bots');
- Undertaking fraudulent or illegal activities, including but not limited to the use of a stolen, cloned or otherwise unauthorized debit card, as a source of funds;
- Taking part in any criminal activities including, but not limited to, money laundering;
- Transferring of funds from one player account to another; and/or
- Conducting account fraud, use of Duplicate Accounts, manipulation of our software or Website, exploitation of loopholes or other technical forms of abuse or other behaviour which amounts to deliberate cheating.
- We will take all reasonable steps to prevent such activities; detect them and ensure that the relevant players are dealt with appropriately. We may report knowledge or suspicion of an offence to the relevant authorities, we may suspend or close Your Player Account, confiscate your Winnings and any Bonus Funds (which shall be forfeited by you) and in certain cases, in fulfilment of our regulatory and legal obligations, block access to All Funds until we are directed on how to proceed by the authorities. We will not be liable for any loss or damage which you or any other player may incur as a result of any of the behavior outlined in paragraph 11.1 above and any action we take in respect of the same will be at our sole discretion.
- If you suspect a person is colluding, cheating or undertaking a fraudulent activity, please report it to us by e-mailing [email protected].
- We reserve the right to inform relevant Authorities, other online gaming or gambling operators, other online service providers and banks, debit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity, and you agree to cooperate fully with us to investigate any such activity.
Other prohibited activities
- You should not use the Website for any purpose which is considered to be defamatory, abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use any abusive or aggressive language or images; swear, threaten, harass or abuse any other person, including other users, or behave in such a manner towards any Company staff used to provide the Website or Customer Services.
- You shall not corrupt the Website, flood the Website with information with the intention of causing the Website to not function, nor use any features which may affect the function of the Website in any way for example (but not limited to) releasing or propagating viruses, worms, logic bombs or similar. Any multiple submissions or spam are strictly prohibited. You must not interfere or tamper with, remove or otherwise alter in any way, any information in any form which is included on the Website.
- You shall use the Website for personal entertainment only and shall not be allowed to reproduce the Website or any part of it in any form whatsoever without our express consent.
- You must not attempt to gain unauthorized access to the Website, the servers on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or similar. We will report any breach of this provision to the relevant law enforcement Authorities and we will co-operate with those Authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any material posted on such Website, or on any Website linked to the Website.
- It is prohibited to sell, transfer and/or acquire accounts from other players.
Closure and termination
- It is Company policy in the interests of security, that if no login has been recorded on Your Player Account for thirty months (an "Inactive Account"), subject to paragraphs 6.1, 6.2, 6.3 and 6.5, we shall remit the remaining balance in that account to you and close Your Player Account. If you cannot be satisfactorily located any remaining Deposit Funds in that account will be paid into a suspense account where funds will be kept for a period of five (years). After the five (year) period elapses, the Company will appropriate the funds and use those funds for responsible gaming endeavors.
- Your Inactive Account (30 months without recording a log-in) will be terminated with written notice (or attempted notice) using Your Contact Details.
- In the event of any such termination by us, other than where such closure and termination is made pursuant to paragraph 11 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 18 (Breach of the Terms of Use) of these Terms, we will on receipt of a request from you, return any Deposit Funds in Your Player Account to you. Provided that in the event that the amount of Deposit Funds is less than CA$3, those funds will be appropriated and used to fund a responsible gaming charity or other project.
- The Company may refuse to open an account or may opt to close a players' account which has already been opened at its own discretion. Notwithstanding this all contractual obligations already undertaken or entered into will be honored subject to these Terms.
Alteration of the website
- We may, at our absolute discretion, add or remove, alter or amend, any of the products offered via the Website at any time.
IT failure or interruption
- Where unexpected system flaws, faults or errors occur in the software or hardware which we use to provide the Website we will take immediate steps to remedy the problem.
- We do not accept any liability for IT failures which are caused by your equipment used to access the Website or faults which relate to your internet service provider.
Errors or omissions
- A number of circumstances may arise where a bet or wager is accepted or a payment is made by us in error.
- Neither we (including our directors, employees, partners or agents) nor our partners or suppliers shall be liable for any loss including (without limitation) loss of any Bonus Funds or Winnings that results from any error by us or an error by you. You will forfeit any Bonus Funds or Winnings that result from any such error. In such a scenario, the stake or wager will be refunded to Your Player Account.
Disclaimer Of Liabilities
- The player is aware of the fact that gambling at the website may lead to losing money. The Company is not liable for any possible financial damage arising from the use of the website.
- The Company is taking effective measures to protect player’s private data from any unauthorised use and is only making it available to parties involved in providing of gambling services through the website. Notwithstanding this, the Company is not responsible for how the information is further treated by third parties, for example third party software providers or affiliates. Treatment of player’s private data by such parties is subject to Terms & Conditions of these parties, if any.
- The Company is not liable of any hardware or software, defects, unstable or lost Internet connections, or any other technical errors that may limit player’s access to the website or prevent player from an uninterrupted play.
- In an unlikely case where a wager is confirmed or a payment is performed by us in error, the Company reserves the right to cancel all the wagers accepted containing such an error, or to correct the mistake by re-settling all the wagers at the correct terms that should have been available at the time that the wager was placed in the absence of the error.
- If we mistakenly credit your Player Account with winnings that do not belong to you, whether due to a technical issue, error in the paytables, human error or otherwise, the amount will remain our property and will be deducted from your Player Account. If you have withdrawn funds that do not belong to you prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event of an incorrect crediting, you are obliged to notify us immediately by email.
- The Casino, its directors, employees, partners, service providers:
- do not warrant that the software or the Website is/are fit for their purpose;
- do not warrant that the software and Website are free from errors;
- do not warrant that the Website and/or games will be accessible without interruptions;
- shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to your use of the Website or your participation in the games.
- You hereby agree to fully indemnify and hold harmless the Casino, its directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Games.
- You acknowledge that the Casino shall be the final decision-maker of whether you have violated the Casino’s Terms & Conditions in a manner that results in your suspension or permanent barring from participation in the Website.
Breach of the terms
- You shall compensate us in full for any claims, liabilities, costs, expenses (including legal fees) and any other charges that may arise as a result of your breach of any of the Terms.
- Where you are in material breach of the Terms, we reserve the right, but shall not be required, to:
- Provide you with notice (using Your Contact Details) that you are in breach requiring you to stop the relevant act or failure to act;
- Suspend Your Player Account so that you are unable to place bets or play games on the Website;
- Close Your Player Account with or without prior notice from us;
- Confiscate, and you shall forfeit, from Your Player Account, or (if applicable) recover from you the amount of any Bonus Funds and any Winnings in Your Player Account or that have been paid to you by us, in which case such Bonus Funds and/or Winnings shall be returned to us on demand; and
- On receipt of a request from you, return any Deposit Funds (less any Winnings) to You to the account(s) from which they were deposited, minus any reasonable charges and subject to these Terms and any legal and regulatory obligations with which we are required to comply. Any breach of clauses 4.2.1, 4.7, 4.8, 8.8, 11, 12 and 29.2 are considered material breaches.
Intellectual property rights
- All Website design, text, graphics, music, sound, photographs, video, the selection and arrangement thereof, software compilations, underlying source code, software and all other material contained within the Website are subject to copyright and other proprietary rights which are either owned by us or used under license from third party rights owners. To the extent that any material contained on the Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use.
- Under no circumstances shall the use of the Website grant to any user any interest in any intellectual property rights (for example copyright, know-how or trademarks) owned by us or by any third party whatsoever.
- No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos which appear on the Website except as specifically permitted in accordance with the Terms of Use.
Your personal information
- We are required according to the Data Protection Act of 2018 (Chapter 586 of the Laws of Malta) and, the General Data Protection Regulation (2018) to comply with data protection requirements in the way in which we use any personal information collected from you in your use of the Website. We therefore take very seriously our obligations in relation to the way in which we use your personal information.
- How we handle your personal information is set out in our Privacy Notice.
Use of cookies on the website
- The Website uses 'cookies' to assist the functionality of the Website. A cookie is a small file of text which is downloaded onto your computer when you access the Website and it allows us to recognize when you come back to the Website. Information on deleting or controlling cookies is available at www.aboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Website.
- For more information on the use of cookies please refer to the Cookie Notice.
Complaints and notices
- If you wish to make a complaint regarding the Website, the first step should be, as soon as reasonably possible, to contact Customer Services via the LiveChat function on our Website www.spinaway.ca or by emailing us at [email protected].
- Complaints Procedure
- Complaints can only be made in respect of incidents that have taken place not longer than six (6) months from the date of the complaint.
- Within 24 hours of receipt of your complaint, we will email you and acknowledge that we have received your complaint, will confirm the particulars of your complaint and provide you with a copy of this procedure, upon request. An agent will log your message, investigate your complaint and respond to it. We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within five working days from the date we receive the complaint.
- Whilst we will endeavor to resolve the complaint sooner, the maximum duration for a complaint to be resolved is eight (8) weeks. Provided that, in the event that we are unable to resolve a matter due to input required from you, and we are not sent such information within a period of seven (7) days from the date of the request, then we will ‘stop the clock’ for any additional period of delay beyond the first seven (7) days.
- If your concern is not resolved at this stage you can escalate the complaint by referring the matter in writing to the Head of Customer Operations at [email protected]. We aim to keep you informed throughout the process. Our Head of Customer Operations will provide you with their decision, which represents the final stage of our internal complaints procedure. We aim to ensure that the entire complaints procedure takes no more than eight weeks form receipt of a complaint.
- If your complaint relates to the outcome of a gambling transaction and is not resolved to your satisfaction by our Internal Complaints Procedure within eight weeks from the date we received the complaint (taking into account any extensions provided due to any pauses in the ‘clock’), we will write to you to explain how to escalate your complaint to iGaming Ontario.
Transfer of rights and obligations
- We reserve the right to transfer, assign, sublicense or pledge the Terms, in whole or in part, to any person, provided that any such assignment will be on the same terms or terms that are no less advantageous to you.
Events outside our control
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms of Use that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks having an adverse effect ("Force Majeure"). Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Even
Waiver
- If we fail to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the provisions of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with above.
Severability
- If any of the Terms are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
Law and jurisdiction
- Terms of Use shall be governed by and interpreted in accordance with the laws of Ontario and the applicable laws of Canada.
Responsible gaming and gambling
- We endorse responsible gaming and gambling. We want you to enjoy your wagering experience on our site, while remaining aware of the social and financial harms associated with problem gambling.
- Setting of Financial Limits - you may set financial limits related to deposits, wagers and losses by contacting our support team. These limits are available to help you to control your gambling. Deposit Limits - In order to limit the amounts of deposits you can make over a certain period of time, you can set a Deposit Limit. This option can be accessed within your Account section. Loss Limits - In order to limit the losses that you can sustain over a certain period of time, you can set a Loss Limit, which can be accessed within your Account section. Wagering Limits - In order to limit the amount of money that you are able to spend over a certain period of time, you can set a Wagering Limit, which can be accessed within your Account section. The financial limits described above can be amended at any time. Any request to lower a limit will take effect immediately. Any request to raise or remove a limit will only take effect after the expiry of a minimum 24 hour "cooling-off" period (company reserves the right to impose longer period) in which the player will not be able to revert the conditions previously placed on his account. Limits apply to the brand on which they are set only. If you wish to apply a limit through customer support, you may do so by contacting [email protected] stating your reasons. The implementation of a limit requested by email is not immediate, please allow up to 48 hours for us to confirm to you once the limit has been applied. We are not responsible to refund any funds lost between the period the limit was requested via email and the time it was processed by us. For a limit to take effect immediately, please apply a limit electronically through the site through the responsible gaming page. If you require any further information or assistance regarding our functionality, please contact support.
- Self-exclusion - Should you need to take a break from gambling with this Website you may do so by contacting support (or where, available, in the 'My Account' section). Self-exclusion means that Your Player Account will be closed for the specified period. This is the major difference between self-exclusion and a "time out" request (see clause 28.4). Excluding yourself will affect Your Player Account with this Website only (although if the Company determines that it is appropriate to apply the self-exclusion on other brands under the same licence, it may do so. Self-exclusions may be for a definite period or a permanent one. A definite period self-exclusion may only be shortened subject to a cool-off of 24hours (which may be increased, if appropriate to do so, at the sole discretion of the Company), and a permanent self-exclusion may only be removed subject to a cool-off of 7 days. The Company reserves the right to refuse to remove a permanent self-exclusion. We will use our best endeavors to ensure that, if you have requested self-exclusion from our Website, you will not be able to open a new account with us or any other Website operated under the licenses of the Company. However, in the event that you succeed in creating a new account by supplying different data to that supplied by you when registering for Your Player Account, or by using any similar means, you agree that we shall not be liable for any losses subsequently incurred by you as a result of using our Services. Should we become aware that you have succeeded in opening a further account with us in this way, we reserve the right to immediately close that account and retain any Winnings and Bonus Funds. In such a scenario, we will (subject to these Terms and any legal and regulatory obligations with which we are required to comply) return any Deposit Funds to you (less any Winnings, withdrawals and any reasonable charges) to the account from which those deposited funds were received. If you wish to perform a self-exclusion through customer support, you may do so by contacting [email protected] stating your reasons. The implementation of a self-exclusion requested by email is not immediate, please allow up to 48 hours for us to confirm to you once the self-exclusion has taken place. We are not responsible to refund any funds lost between the period a self-exclusion was requested via email and the time it was processed by us. For a self-exclusion to take effect immediately, please self-exclude electronically through the site through the responsible gaming page.
- Time Out - Should you need to take a time out from gambling please use the time out functionality on the Website and choose the period you wish to be timed out. This tool can be found in the Account page. Should you for any reason be unable to impose these limits yourself please contact Customer Services. At the end of your time out period, Your Player Account will automatically be reactivated
- Setting of Session Time Limits - You may set maximum Session Time Limits by contacting our support team. While these limits are set, you will automatically be logged out and will not be allowed to continue playing when you reach the pre-set time limit in any one play session.
- Filtering Systems - Filtering solutions allow you (or others such as parents or other careers) to regulate access to the internet or certain websites, based on chosen criteria. These filtering solutions can use filters to prevent children and other vulnerable people from accessing, amongst other things, gambling websites. If you share your computer with friends or family who are under the Legal Age to register or gamble with our site, or who have requested self-exclusion from gambling sites, or who may otherwise be vulnerable to problem gambling, please consider using such filtering solutions. Examples include: http://www.netnanny.com/ http://www.contentwatch.com/ https://cybersitter.27labs.com/
- We reserve a right to pro-actively place financial limits or also to self-exclude Your Player Account where, for responsible gaming reasons we deem it appropriate to do so and we may refuse a request from you to remove or reduce such limit.
Links
- Where we provide hyperlinks to other websites, we do so for information purposes only. You use any such links at your own risk and we accept no responsibility for the content or use of such websites, or for the information contained on them.
Bonuses Terms and Conditions
- These Bonus Terms and Conditions apply to all promotions and campaigns offered by SpinAway from time to time and form part of the General Terms and Conditions. Promotions will also have specific terms applicable to them stated within the offer.
- Bonus play can begin only when your Real Money is depleted. If you make a Real Money withdrawal before you have completed your Bonus wagering the remaining Bonus will be forfeit.
- The maximum wager when a Bonus is pending, or actively being turned over is CA$5 or currency equivalent. This includes Bonus Buy features, where the total cost of the purchase is applicable. You may lose your winnings if you do not follow this rule.
- A Bonus is only valid once per Account/household/IP address. Unless stated otherwise, you must deposit at least CA$20 or currency equivalent and play CA$20 or currency equivalent in order to qualify for a Deposit Bonus.
- Bonus money will expire 30 days after being awarded to you, unless stated otherwise in a promotional offer.
- A Bonus Spins is Game specific and cannot be transferred. Bonus Spins that remain unclaimed will be forfeited after 7 days, unless stated otherwise in a promotional offer.
- Bonus Spins that are offered as reward in a Deposit Bonus will be credited after a player has wagered a minimum of CA$20 or currency equivalent on slots in the Casino, unless stated otherwise. Bonus spins that do not require a Deposit to trigger are only available if you have made a Deposit at least once over a selected period of time.
- You must not engage in any activity which is intended to take unfair advantage of a Bonus. SpinAway reserves the right to withdraw the availability of any Promotion and void any wager funded by the Bonus and remove any winnings from such wager at any time and at SpinAway’s sole and absolute discretion.
- If we have reasonable grounds to suspect that a Bonus is being claimed by or for the benefit of the same person more than once or by a group of people acting in concert then it may withdraw the availability of any Bonus or all Bonuses to that customer or group of customers and/or void any wager funded by the Bonus and remove any winnings from such wager.
- Delaying the playing of a game round until after the wagering requirement for an active bonus has been met, until new funds have been deposited or until an active bonus has been forfeited, is considered a manipulation of bonus functionality and is a prohibited practice.
Wagering requirements
- If you are eligible for a Bonus (for example, a login Bonus of CA$10 or a Deposit Bonus of 100% up to a certain amount) wagering requirements will apply before you can make any withdrawals.
- Unless otherwise stated, all Bonuses have a minimum wagering requirement of at least x 40. This means that the Bonus must be staked 40 times before any potential Winnings are converted into Real Money.
- Within the Cashier you can see how much you have wagered and how much you have left to wager before your winnings turn into Real Money.
- When claiming a casino bonus, any available Cash Balance on your Player Account will be used to wager first. Bonus Funds are used once your Cash Balance reaches zero or is insufficient to meet the stake.
- All Winnings from Bonus spins are considered to be Bonus money, therefore need to be wagered 40 x on slots before withdrawal is possible. Winnings will be converted to Real Money only after the Bonus wagering requirements are met, unless stated otherwise in a promotional offer.
- Casino Games are contributing towards the wager requirement as following:
- Slots: 100%
- All Jackpots: 0%
- All Live Roulette and Live Blackjack: 10%
- All other Live Casino Games: 10%
- All table games: 5%
Interpretation
- The original text of the Terms is in English and any interpretation of them will be based on the original English text. If the Terms of Use or any documents or notices related to them are translated into any other language, the version most favorable version to the player shall prevail.