Terms and Conditions

WWW.GGPOKER.CA

Last updated: [15th March 2024] 

SUMMARY

  • These terms and conditions form the basis of a legal agreement – read them carefully and do not click on “accept” if you do not intend to be bound by the terms.  If you have any questions relating to these terms and conditions, contact customer services. 
  • We have systems and processes in place to help you if you are having problems with gambling.  These are described in more detail in these terms and conditions.
  • Sometimes things go wrong with our website or the software used to provide the website or our games.  We will not be liable to you in that event for any winnings which occur as a result of the malfunctioning of the website or the software.
  • Our liability to you is limited – you should read the relevant section of these terms and conditions carefully.
  • We will deal with any request by you to withdraw money from your account promptly and in accordance with these terms and conditions.  We will never reverse or cancel a withdrawal request once it has been made by you.
  • We operate bonuses and promotions from time to time.  These will have their own terms and conditions which you must also read carefully before you agree to participate in the relevant bonus offer or promotion. 

Introduction

These terms and conditions for use of www.ggpoker.ca (the “Terms and Conditions”) govern the relationship between you and NSUS Limited (“NSUS”) referred to in these Terms and Conditions as “we”, “us” or “our” or “Company”, and any access or use of the Services (as defined below). By clicking “accept” or otherwise indicating your acceptance of these Terms and Conditions, you accept and agree to be bound by these Terms and Conditions. If you do not accept and do not accept to be bound by these Terms and Conditions, you must cease accessing or using the Services but you will always be able to withdraw your funds subject to these Terms and Conditions. The players will be informed of any material changes to the Terms and Conditions and will be required to accept those changes to continue accessing the website. The company maintains a record of the consents made by the players. 

This GGPoker.ca website (www.ggpoker.ca) (“Website”), GGPoker.ca game client and the GGPoker.ca mobile app (collectively referred to as “Applications”), and any poker, casino or live dealer games products or services offered in or from such website or application (“Games”, and collectively with such website and application, the “Services”), are operated by NSUS Limited, a company incorporated in Ireland whose registered office is Office Suite C, Apex Business Centre, Blackthorn Road, Sandyford, Dublin 18, Ireland, Ireland. We are licensed and regulated by the Alcohol and Gaming Commission of Ontario (“AGCO”) bearing registration number OPIG123707 expiring on April 3rd, 2024. The Services are operated under the brand name of GGPoker.ca. NSUS is operating the Services in Ontario on behalf of iGaming Ontario (“iGO”), which is a subsidiary of the AGCO and which entity conducts and manages internet gaming in the Province of Ontario. 

Please read these Terms and Conditions carefully as they form the basis of a legal agreement between us with respect to our Services.  

Our agreement with you is also deemed to include the following policy documents (the “Policies”), which you should also read carefully: 

  1. Privacy Policy & Cookie Policy (which sets out how we use your personal information);
  2. Security & Ecology Policy; and
  3. the House Rules, (i) Common House Rules (ii) Poker House Rules (iii) Casino House Rules (iv) Live Dealer House Rules 

In the event of any inconsistency between these Terms and Conditions and the Policies, then, to the extent of the inconsistency, these Terms and Conditions shall prevail.

  1. CHANGES TO THE TERMS AND CONDITIONS

1.1 We reserve the right to make immaterial changes to the Services and the Policies, including these Terms and Conditions, at any time.

1.2 If we make any material changes to these Terms and Conditions, we will give you as much prior notice of such changes as is reasonably practicable but, in any event, you will be notified of material changes before they come into effect. Material changes will be communicated to you via e-mail with a summary of the material changes to these Terms and Conditions. You will also receive a pop-up message when you login directing you to review the updated Terms and Conditions. After reviewing the updated Terms and Conditions, you will be prompted to “Agree” to, or otherwise indicate your acceptance of, the updated Terms and Conditions to continue to access and use our Services, otherwise you must cease your access to or use of the Services (but you will always be able to withdraw your funds subject to these Terms and Conditions).

  1. YOUR ACCOUNT ON WWW.GGPOKER.CA

Opening your account

2.1 In order to use our Services you will need to open an account with us.

2.2 In connection with the opening of your account, you should note that the following people are not permitted to access or use the Services (each an “Ineligible Person”): 

  1. an individual under 19 years of age (please note that underage gambling is strictly prohibited under law in the Ontario);
  2. an individual that has advised us that they are participating in the self-exclusion process, as described in these Terms and Conditions below; 
  3. an individual who is restricted from accessing the Services as a condition of a court order;
  4. an officer, a member of the board of directors, or a partner of ours;
  5. an executive or staff of a trade union who represent or negotiate on behalf of employees employed at us; 
  6. a member or employee of the AGCO;
  7. officers, members of the board of directors, or employees of Ontario Lottery and Gaming Corporation (“OLG”) or iGaming Ontario;
  8. employee of any person who maintains or repairs gaming equipment for us; or 
  9. an individual we have a reason to believe is not permitted to access or use the Services under applicable law, as notified by us.

2.3 In connection with the opening of your account with us, you represent to us that:

  1. you are not an Ineligible Person at the time of opening your account;
  2. you are not a member or employee of (i) NSUS, or (ii) any NSUS group company; 
  3. you will not access or use the Services from any jurisdiction other than the Province of Ontario, and you agree with us detecting and monitoring your location to ensure that you are playing from the Province of Ontario, including without limitation while you attempt to place any bets or wagers and at any other reasonable intervals determined by us; 
  4. you have the mental capacity to take responsibility for your own actions and can enter into this contract with us, which is enforceable by law.
  5. the information (including personal information) provided by you for your registration is complete and accurate. You agree to inform us of any changes in such details. It is your responsibility to keep your contact details up-to-date on your account. Failure to do so may result in you failing to receive important account-related notifications and information from us;
  6. you will not permit any other person to access your account; 
  7. you are an individual and you are acting on your own behalf, and you are not acting for or on behalf of anyone other than yourself; 
  8. you are not an undischarged bankrupt or in a voluntary arrangement with your creditors;
  9. you fully understand the methods, rules, and procedures of the Services, as applicable, including those relating to the poker, casino and live dealer products and services that we offer, and, where and when appropriate, will seek advice or help when using the Services; and
  10. you understand that, should you choose to use third party user interfaces, applications may not display full information about your gambling.

2.4 You will only be able to wager through the Services after you have opened an account, your identity has been verified, and you have deposited sufficient funds in your account. Before participating in any game play, you will also be required to affirm that you are fit to play. You will be required to complete a player attestation in order for us to determine the presence of a PEP/HIO  using the Services. You must inform us if you are a politically exposed person in Canada (“domestic PEP”), a politically exposed person outside of Canada (“foreign PEP”), a head of an international organization (“HIO”, together with domestic and foreign PEPs, “PEP/HIO”), or the family member or close associate of a PEP or HIO (a “PEP/HIO Related Person”) at the time you register and open your account. You must immediately notify us if your PEP/HIO or PEP/HIO Related Person status changes at any time while your account is open. For the purposes of this Clause: 

  1. a foreign PEP includes the individuals who hold the following offices or positions in or on behalf of a foreign state:
    • head of state or head of government;
    • member of the executive council of government or member of a legislature;
    • deputy minister or equivalent rank;
    • ambassador, attaché or counsellor of an ambassador;
    • military officer with a rank of general or above;
    • president of a state-owned company or a state-owned bank;
    • head of a government agency;
    • judge of a supreme court, constitutional court, or other court of last resort; or
    • leader or president of a political party represented in a legislature; 
  2. a domestic PEP is a person who currently holds, or has held within the last five years, the following positions in or on behalf of the Canadian federal government, a Canadian provincial (or territorial) government, or a Canadian municipal government:
    • Governor General, lieutenant governor or head of government;
    • member of the Senate or House of Commons or member of a legislature;
    • deputy minister or equivalent rank;
    • ambassador, or attaché or counsellor of an ambassador;
    • military officer with a rank of general or above;
    • president of a corporation that is wholly owned directly by Her Majesty in right of Canada or a province;
    • head of a government agency;
    • judge of an appellate court in a province, the Federal Court of Appeal or the Supreme Court of Canada;
    • leader or president of a political party represented in a legislature; or 
    • mayor.
  3. a HIO is a person who is (or was within the past five years) the primary person who leads an international organization, and the international organization that they are or were the head of is either:
    • an international organization established by the governments of states; or
    • an institution established by an international organization;
  4. a family member of a PEP or HIO includes:
    • their spouse or common-law partner, or ex-spouse or former common-law partner;
    • their biological or adoptive child(ren);
    • their mother(s) or father(s);
    • the mother(s) or father(s) of their spouse or common-law partner (mother-in-law or father-in-law); or
    • their siblings; and
  5. a close associate of a PEP or HIO includes persons who:
    • are business partners of, or who beneficially own or control a business with a PEP or HIO;
    • are in a romantic relationship with a PEP or HIO;
    • are involved in financial transactions with a PEP or HIO;
    • serve as a member of the same board as a PEP or HIO;
    • carry out charitable works closely with a PEP or HIO; or
    • are listed as joint on a policy where one of the holders may be a PEP or HIO.

2.5 If you do not meet the requirements for setting up an account with us, as set out in this Clause 2, you are not authorized to use the Services. We reserve the right to suspend or close any account of any purported customer that does not meet the requirements set out in Clause 2, or otherwise is not able to continue to meet the requirements set out in Clause 2 after the account is opened, and void any wagers or stakes made via such suspended accounts.

Duplicate accounts

2.4 You are only permitted to open one account with us. 

2.5 If you open more than one account, any returns, winnings or bonuses that you have gained or accrued during such time as the duplicate account was active will be forfeited by you.

2.6 Only wagers or stakes placed from your account will be accepted for the particular Game you are playing and any winnings you make on that Game will be credited to your account. You may facilitate all deposits and withdrawals by accessing the Cashier Page.

Wagers/Stakes

2.7 We reserve the right, acting reasonably to refuse or limit (by setting minimum and maximum amounts which will be set out in the House Rules or on the Website) any wagers or stakes for particular Games. These will be notified to you before you can participate in a particular Game. 

2.8 Wagers or stakes shall only be valid if accepted by our server. Until accepted by our server, all information displayed on the Website constitutes an invitation to play only.

Keeping passwords secure

2.9 It is your responsibility to keep your password private and secure and you are solely responsible for the security of your account information and password. You are responsible for any unauthorized use of your account or password. In the event that a third party places a bet or is thought to have placed a bet from your account, such bet shall be valid and liability for losses on your account will lie with you, whether or not you were aware the third party misappropriated your account and password information. 

Privacy

2.10  We will process information about you in accordance with our Privacy and Cookie Policy 

  1. VERIFICATION OF YOUR IDENTITY; ONGOING MONITORING

3.1 You authorise us to undertake such verification checks in accordance with our Privacy and Cookie Policy (insert link) or as otherwise required for us to open an account for you. We may require ourselves or may be required by third parties (including AGCO or iGO) to confirm your identity and contact details (the “Checks”).

3.2 In certain circumstances, we may have to contact you and ask you to provide further information to us directly in order to complete the Checks. If you do not or cannot provide us with such information then we may suspend your account until you have provided us with such information or, if you are unable to provide the information we may permanently close your Account.

3.3 Furthermore, if your identity is not successfully verified: 

  1. your account will not be fully active;
  2. you will not be able to deposit until identity verification has successfully been completed;
  3. you will not be able to engage in gameplay until identity verification has successfully been completed; and
  4. no gambling will be permitted, either with your own money or using any free stake or wager or bonus, until identity verification has successfully been completed.

 

3.4  We are committed to providing our customers with an enjoyable gaming experience in a safe and secure environment, and we operate security procedures and checks to protect our customers and Company from cheating and collusion, including fraud. Occasionally, as part of this process, we will wish to make checks on accounts and plays in the Game(s) and this may result in the suspension of the use of accounts whilst these checks are carried out. In furtherance of the foregoing, you agree to: (a) not be involved in any cheating or any fraudulent, collusive, fixing, or other unlawful activity in relation to your or any other person’s participation in any of the Services, including by acting unfairly towards any other player of the Services or using any bots in connection with the Services; and (b) notify us of any activities related to collusion and cheating, including fraud and the suspected use of bots. We will investigate any reported incidents of collusion or cheating made by you. If requested by you, we will provide you with information about our policies and procedures to deter, prevent, and detect unfair behaviour, cheating, and collusion, including the suspension or disabling of accounts and any recovery of funds. 

3.5  We believe it is in the best interests of our customers and ourselves that we operate this process and it is a condition of participation that all our customers acknowledge this and cooperate with us in this respect.

  1. RISK

4.1 You understand that you may lose money when playing the Games and accept that you are fully responsible for any such loss.

4.2 It is your responsibility to ensure that all details of your transactions made through the use of the Services are correct. You can access your transaction history on the Website using the My Account function. Once a transaction has been confirmed by us it cannot be cancelled, other than as permitted under these Terms and Conditions. 

  1. CUSTOMER FUND PROTECTION

Any funds you deposit with the Company will be held in a segregated bank account in the name of the Company and held by the Company as agent on behalf of and for the sole benefit of iGaming Ontario.  The funds in the segregated account is not considered as an asset of the Company, and thus protected in the time of insolvency. 

  1. RESTRICTIONS

6.1 You agree to refrain from using our Services:

  1. for any purpose other than playing the Games;
  2. to distribute, sell, license, provide or otherwise make any services available to third parties;
  3. to store or transmit material or information that is infringing, libelous, defamatory, obscene, fraudulent, false or contrary to the ownership or intellectual property rights of any other person or otherwise harmful, unlawful or tortuous, or in violation of any third party privacy rights;
  4. in any way that is in violation of any applicable law, rule or regulation; or
  5. to transmit viruses, malware, or other malicious code.

6.2 You are not permitted to modify, reverse-engineer, or otherwise manipulate, interfere with or disrupt any of our software used in connection with the Services. To ensure the integrity of the Services, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the same tables or tournaments.

6.3 We reserve the general right, at any time, to exclude you from any of our Services or from receiving selected promotions and offers without further explanation if we consider it necessary to do so. Any decision to exclude you from selected promotions and offers will not impact any promotions you have already commenced wagering towards, nor will it impact your ability to use free wagers or stakes and bonuses that have already been earned by you prior to the decision to exclude you from receiving selected promotions and offers.

6.4 We reserve the right to suspend, discontinue, modify, remove, or add to the Services, or any part of the Services, at our discretion with immediate effect and without any obligation to provide you with prior notice.

  1. DEPOSITS

7.1 You can make deposits via payment methods provided in the cashier page, which includes debit cards and various alternative payment options such as Interac and e-wallets. You can find more details in relation to payment options, including minimum deposit requirements in the Cashier Page on the Website. The company reserves the right to further verify or confirm the source account from where the deposit funds are originated. 

7.2 If you wish to participate in our Games, you must deposit money into your account. All funds deposited into your account are subject to appropriate verifications and authorizations to ensure that they are appropriately authorized by a financial services provider. 

7.3 The minimum deposit may vary depending on the payment option you use – further information about this is available on the Website.   

7.4 We reserve the right to change the accepted method of payment at our sole discretion or to accept certain methods of payment only subject to the fulfilment of certain conditions. We do not warrant that all methods of payment are available at all times. To verify which payment and withdrawal methods are currently available please visit the Cashier Page on the Website or in the game client.

7.5 We do not accept cash funds sent to us.

7.6 In relation to deposits into your account, you shall only use such cards and payment methods that are valid and that lawfully belong to you or are registered in your name.

7.7 You may only use the Services if you have sufficient funds to place a bet or wager through your account. We will not extend or grant any credit or lend any money to you or refer you to any credit providers in order to place bets or wagers as part of your use of the Services. If your account has a negative funds balance, your account will be suspended. No transaction will be permitted until the negative funds balance is eliminated and no bets or wagers will be accepted by us that could result in a negative funds balance. 

  1. WITHDRAWALS

8.1 There may be minimum and maximum limits on the amount that you can withdraw from your account, depending on the payment method used or limits applied to your account. For example, withdrawals by debit card must be at least CAD$10 (save in the case of a final withdrawal to close an account). We will credit funds to you using the same method used to deposit funds in your account, whenever this is possible. If the original method used is not available, we will ask you to provide information regarding a second account, along with documentation evidencing that you are the legal holder of the account. A withdrawal fees of $1 is applied when withdrawing funds from your account. The withdrawal fees of $1 is deudcted for the total amount paid out as withdrawal. We will not agree to reverse a withdrawal request once such request has been made by you. 

8.2 All withdrawals go through an internal audit process to ensure that fraud prevention, anti-money laundering, countering the financing of terrorism and other legal obligations and regulatory requirements are met. As a result, internal withdrawals audits generally take up to 24 hours to process and in some cases due to an increase in volumes may take up to 48-72 hours. After funds have been processed it can take up to 2-5 business days for the funds to reach you.

8.3 You are responsible for reporting your winnings and losses to your local tax or other authorities, if applicable.

  1. PROMOTIONS AND PUBLICITY

Promotions

9.1 We may, from time to time, offer bonuses or promotions that are governed by separate terms and conditions. Any bonuses credited to your account must be used in adherence with such terms and conditions.

9.2 In the event and to the extent of a conflict between these Terms and Conditions and the bonus or promotion terms and conditions, the bonus or promotion-specific terms and conditions prevail.

9.3 If we believe that you are abusing or attempting to abuse a bonus or promotion, or are likely to personally benefit through the abuse of a bonus or promotion, we may deny, withhold or withdraw from you any bonus or promotion at our sole discretion. We may also terminate your access to our Services, including the Website or your account. In such circumstances, we shall be under no obligation to refund to you any remaining balance amount showing in your account other than your original deposit amount.

9.4 If you participate in one of our promotions, we may seek your consent if you want to participate in our advertising, marketing, publicity material and activities (the “Marketing Activities”). You are under no obligation to do so.

Publicity

9.5 When you register for a tournament offered by us through our Services, we may ask you if you agree to allow us to use your play data within an online live stream, in online broadcasting, and any other future publicity that Company may use after the completion of the tournament. If you consent, we may publicise your participation in tournaments in various online media and social media platforms with results published and include players’ nicknames, finishing positions, played-hands and pay-outs in the events. 

9.6 Please read the terms and conditions of a tournament carefully before registering as certain tournaments may be broadcast live via online streaming and may be circulated later as videos through online and social media. Some tournaments will require your real name published if you are awarded from any of the events. The Company shall be the sole owner of any such videos and reserves the right to share and circulate such videos for marketing and promotion purposes subject to having obtained your consent to do so. You will be asked for your consent to be recorded and your participation broadcast via online streaming or videos on online and social media before you participate in the tournament. We will never record or broadcast your activities without your direct consent.  

9.7 Any final tables of tournaments, may be broadcast on online media, such as the Twitch platform, with hole cards open with a delay of 1 (one) hour from the actual time of play if you have expressly agreed to participate in such broadcast.  

9.8 For some specific tournaments if you have agreed to participate in such activities, we may require you to use your real name and will publish this rather than a nickname if you win any prize from such tournaments. We will make sure we let you know before you enter into the tournament and such information will be a part of the tournament terms and conditions, to which you must consent in order to enter.

  1. SUSPENSION, RESTRICTION OR TERMINATION OF YOUR ACCOUNT

10.1 Without restricting our ability to rely on other remedies that may be available to us, we have the right to temporarily suspend your account (preventing your use of our Services, including the provision of promotional benefits) or permanently close your account at any time and for any reason, including where (or we suspect such events have occurred or are occurring, as applicable): 

  1. you are engaging in illegal or fraudulent activity while using the Services);
  2. you are in breach of any of these Terms and Conditions (including breaching any of the House Rules or carrying out any of the activities prohibited under the terms of our Security & Ecology Policy);
  3. there is a risk of gambling related harm to you;
  4. there is a risk of damage to the Company, for example suspicion of money laundering; or
  5. required to do so by law.

10.2 If we close your account in accordance with the provisions of Clause 10.1, you will forfeit any right to any promotion or bonus scheme that you may be participating in at the time we close your account.

10.3 In the event of suspension of your account by us, you will still be permitted to: 

  1. withdraw your funds in accordance with these Terms and Conditions; and
  2. receive all undisputed winnings (and the value of any undisputed free wagers or stakes or bonuses) or winnings derived from activities prohibited in accordance with and in breach of the Security & Ecology Policy that are due to you from your play prior to the decision to suspend or terminate your account.

11 PROHIBITED USES OF SERVICES

11.1 Cheating or Illegal Behaviour

  1. The Games and our Services may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Games, any wagers or stakes placed on or via the Games, and your access and use of the Services. All wagers or stakes must be placed through the user interface provided on the Website.
  2. We reserve the right, in our sole discretion, to prohibit any player from participating in any and all Games or otherwise accessing or using the Services. We may, where situations warrant, freeze the chips, void wagers or stakes, suspend or terminate the account of any player suspected of cheating in any form (which includes, without limitation, collusion or the exploitation of faults in software used by us, the Website, or the Services). We further reserve the right to restrict seating or to prohibit players from playing in a particular Game, including restricting two or more players from playing together at the same Game.

11.2 Circumvention

We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or the software we use in providing the Services. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If we believe in our sole discretion, that you are in breach of this Clause, we may suspend or terminate your access to or use of the Services immediately, including having your account blocked.

  1. GAME FAULTS

12.1 If you have chips at a table during a server crash, the Game will be cancelled and all of your chips at the table and in play will be returned to your account. We will notify you promptly if we have to take such action. We, our affiliates, agents and licensors shall not be liable for any loss resulting from delays or interruptions to play due to failure, breakdown, malfunction, disconnection from or interruption of electronic or mechanical equipment, of telephone, internet connection or other communications facilities, or due to any denial of service (DDOS) attack or other malevolent external interferences with the Game, the Website or the Services, or any other causes over which we or any third party providing services to us have no direct control.

 

12.2 Subject to Clause 2.3 below, in the event of game, systems, technological or communications faults, failures, or errors over which we have no control relating to the generation of any result, wager settlement, or any other element of the Game, the Website, or the Services, we will not be liable to you because of any such errors and we reserve the right to void all related wagers or stakes and plays on the Game in question and to return your stake or wager to your account.

12.3 Where we suspect that there may be game or system faults, failures or errors that may impact the integrity or fairness of the Games, the Website, or the Services, we may make the applicable Game, Website, or Service unavailable until the issue is resolved and will treat you fairly when resolving any transactions or bets or wagers impacted by these faults, failures, or errors in accordance with our policies and procedures. We will respond to any service interruption relating to a Game in a way that does not disadvantage players, including by restoring the game to its pre-failure state, if possible. If the game cannot be continued after the issue, we will pay any amounts that you won up until the time that the issue arose or will cancel the stakes or wagers and wins coming from the applicable Game and restore your account balance to its position prior to the start of the Game. 

12.4 We will provide you with the reasons for any adjustments that we make to your account pursuant to this Clause 12.

12.5 If you are disconnected in the middle of an RNG casino game, the game will remain paused so you can continue the game from the point where you were disconnected. If the disconnection occurs after a bet is settled, the game will be completed by the RNG system. In either situation, any winnings will be paid and you will be able to see the game outcome in the game history after reconnecting.

12.6 In case of disconnections in the middle of live casino tables, any placed bets remain valid and will be settled in your absence. You will be able to see the game outcome in the game history after reconnecting.

 

12.7 If you are disconnected in the middle of slot games, you will be able to resume the disrupted game at the point at which you were disconnected by logging back in and re-opening the game. Your pending bet will be kept for 24 hours from the point of disconnection. The game will be auto-completed or force-finished by the system if the game is not finished within 24 hours of the disconnection. Any winnings will be credited to your account.

 

12.8 The above procedures are general guidelines, and the specifics may vary across different games and jurisdictions. For better understanding, we advise you to find the disconnection policy inside each game. 

  1. INTELLECTUAL PROPERTY RIGHTS

These Terms and Conditions confer only the right to use the Services (including the Website) and the Games while these Terms and Conditions and applicable license(s) (if any) are in effect, and they do not convey to you any rights of ownership in or to the Company, the Website, Games or any of our intellectual property. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Website, the Games, or the Services will remain our sole property. Any Services provided to you under these Terms and Conditions, and other data or materials that are prepared in the performance of such Services hereunder, and all right, title and interest in the foregoing, will belong to us.

  1. INDEMNIFICATION

You agree to hold harmless and indemnify us and our subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your breach of these Terms and Conditions, or your violation of any law or the rights of a third party, or your use of the Website, Games, or Services, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. Nothing in these Terms and Conditions shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms and Conditions.

  1. LIMITATION OF LIABILITY

15.1 We do not warrant that our operations shall be uninterrupted or error-free. We shall provide our services on an “as is” and “as available” basis without warranty of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, we exclude all Terms and Conditions, warranties, representations or other terms which may apply to the Website and Games, whether express or implied.

15.2 Our maximum liability to you for any matter arising out of or in connection with your use of the Website will be limited to the aggregate of the amount legitimately in your account and the return of the amount of the wager or stake any disputed wager or stake.

15.3 We will not be liable for any damage or loss suffered or incurred by you as a result of:

  1. failures caused by the equipment you use to access our Website, Games, or Services, or failures in any network (including failures by your internet service provider);
  2. damage to your equipment (e.g. desktop, laptop, mobile, smartphone, tablet, games console or other internet-enabled device) or for any loss or corruption of data that results from use of our websites or mobile and tablet applications (and we cannot and do not guarantee that any files that you download are free from viruses, contamination or destructive features), except that if any defective digital content that we have supplied to you damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation; or
  3. loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer or mobile equipment, computer programs, data or other proprietary material due to your use of the Website, Games, or Services, or your downloading of any content on it, or on any website linked to it.

15.4 We will not be liable under for any loss that could not have been reasonably expected by you and us at the time you register to open an account with us or at the time you enter play any of our Games, such as any loss of income, business, or profits or any information which is lost or corrupted.

15.5 Nothing in these Terms and Conditions shall exclude our liability which we may have in respect of fraud or death or personal injury arising from our negligence.

  1. THIRD-PARTY CONTENT

You expressly acknowledge and agree that we shall not be liable to you for the content of or use by you of any information or services offered by third parties or affiliates advertising, marketing, or otherwise posting content through the Website (whether directly or via links to or from other sites or resources) nor can we be said to endorse the content of such advertisements or information and we make no warranties with respect to such content.

  1. DORMANT ACCOUNTS

17.1 For the purposes of these Terms and Conditions, your account shall be deemed to be dormant if your account, for a continuous period of 12 (twelve) months or more, has not: (a) had funds deposited in it; or (b) had funds withdrawn from it; (c) had a wager placed from it; or (d) had a wager settled from it. 

17.2 If your account has been deemed dormant, we will use reasonable efforts to inform you of any funds remaining in your dormant account, and we will try to repay any deposit balance to you using the last payment method that you used to deposit money into your account. 

17.3 If Your account has not been accessed or not used for a continuous period of 400 days or more, and we are unable to repay any deposit balance to you, we will send an email to the last known email address as an attempt to repay any account balance. 

  1. SAFER GAMBLING

18.1 We are committed to endorsing safer gambling as a policy of customer care and social responsibility. We believe it is our responsibility to you, our customers, to ensure that you enjoy you wagering experience on our site, while remaining fully aware of the social and financial harms associated with problem gambling. More information can be found on the Responsible Gaming Page.

If you or someone you know has a gambling problem and wants help, call ConnexOntario at 519-439-0174 or https://www.connexontario.ca. Additionally, we also offer a live chat dedicated to customers suffering from gambling related harms. Please visit our Responsible Gaming Webpage to access the live chat

18.2 Deposit Limits

  1. During and after account registration, you may set your own daily, weekly, and monthly deposit limits before making any deposits. 
  2. Any request from you to relax or eliminate a deposit limit that you had previously set will only be implemented after a cooling-off period of at least 24 hours.

18.3 Timeout (also known as Short Break)

  1. We offer you the possibility of selecting a timeout period if you wish to take a short break from our website to manage your gambling. You can choose to enter into a timeout from the Cashier dashboard you can select the following time-out periods;
  1. One day;
  2. One week;
  3. One month;
  4. Two months or
  5. Three months.

  1. During the timeout, you will not be able to log-in or receive any marketing information from us.

18.4 Self-exclusion

  1. We want everyone to enjoy playing our Games. However, we do recognise that some customers may wish to restrict or even cease playing. We, therefore, provide a self-exclusion facility that allows customers to close their accounts for periods of: 
    1. Six Months;
    2. One Year; or
    3. Five years;

 

You can select a self-exclusion period via the Responsible Gambling section in the game client or on the Website (you need to be logged in) and the self-exclusion will be applied immediately. Alternatively, you may contact our Customer Service Support team directly by email to [email protected]. Where a self-exclusion request is sent by email, it may take up to 24 hours to take effect. 

  1. When choosing to self-exclude, you will not qualify to receive any bonuses or promotions we may offer during your self-exclusion period. 
  2. Within two days of choosing to self-exclude, you will also be excluded from any marketing material that we may send. No further marketing material will be sent until the self-exclusion period is over, and you have requested to return to the Website.
  3. Once you choose to self-exclude, your account will be closed for the duration of the selected period, and you will no longer be able to log-in to your account or access the Games. We will return your remaining account balance in accordance with our Withdrawal Policy.
  4. If you choose to reopen your account at the end of your self-exclusion period, you will be required to contact the customer support team via [email protected] to discuss your proposed return from self-exclusion. You will then be given a minimum 24-hour cooling off period before your account is reactivated. Whilst the 24-hour cooling off period is in place you will be given the option to cancel the reactivation.
  1. CUSTOMER COMPLAINTS

19.1 Should there be any concern, claim, or dispute relating to your use of the Services, including concerns, claims, or disputes in connection with your use of any Game or any wager arising from your use of the Services, you should initially raise such a concern, claim, or dispute with our customer service department at [email protected] . In any event, we will work with you to resolve any concern, claim, or dispute relating to the Services within 90 days of receiving notice from you of the concern, claim, or dispute.

19.2 If you are unsatisfied with the resolution of the concern, claim, or dispute after going through our Customer Complaint Procedure, you are entitled to escalate your concern, claim, or dispute to iGO, in which case you will need to furnish iGO with the case file generated by us. iGO may be contacted at https://igamingontario.ca/en/player/player-support.

  1. GOVERNING LAW

The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Ontario and laws of Canada applicable therein. The courts of Ontario shall have non-exclusive jurisdiction over any disputes arising out of the Terms and Conditions themselves.

  1. MISCELLANEOUS

21.1 In the event that any provision of these Terms and Conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

21.2 Any provision of these Terms and Conditions that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of these Terms and Conditions.

21.3 No failure or delay by a party to exercise any of its rights under these Terms and Conditions shall operate as a waiver thereof and no single or partial exercise of any such right shall prevent any other or further exercise of that or any other right.

21.4 These Terms and Conditions and the terms expressly incorporated into them constitute the entire and only agreement between the parties with regards to its subject matter and each party confirms that it has not been induced to accept these Terms and Conditions in reliance upon, nor has it been given, any warranty (including in particular any warranty as to merchantability, fitness for purpose or uninterrupted functionality), representation, statement, assurance, covenant, agreement, undertaking, indemnity or commitment of any nature whatsoever, other than as are expressly set out in these Terms and Conditions.

  1. Notice of Collection

22.1 NSUS collects personal information in relation to participation in any poker, casino or live dealer games, products or services offered on ggpoker.ca pursuant to the Freedom of Information and Protection of Privacy Act, Ontario Regulation 722/21 made under the Alcohol and Gaming Commission of Ontario Act, Personal Information Protection and Electronic Documents Act, and the Operating Agreement signed between NSUS and iGO. The purposes for such personal information collection may include, but not limited to:

  1. For program, service or product administration:
  1. identifying and authenticating participants;
  2. marketing and promotional communications;
  3. delivering responsible gaming programs; and
  4. providing customer service.
  1. To analyze and improve upon NSUS’ products, services, programs, offerings and processes:
  1. research operational effectiveness and business viability of ggpoker.ca products;
  2. tailor or personalize offers; and
  3. engage in responsible gaming research.
  1. To help NSUS comply with applicable law and to maintain the integrity of operations:
  1. ensuring eligibility to participate in ggpoker.ca products;
  2. collecting, organizing, and assessing participant information and transaction data to meet record keeping, monitoring, risk mitigation and reporting requirements under applicable laws; and
  3. as otherwise required under applicable laws.

 

22.2 Participants who have questions about this collection of personal information may contact NSUS at: [email protected]

22.3 It is the Participant’s responsibility to provide NSUS with correct, valid, and up to date personal information, including name, date of birth, and contact information.