Table of Contents
1 INTRODUCTION
This OLG.ca Player Agreement – Terms and Conditions of Use for OLG.ca contains the terms and conditions that govern the use of OLG’s OLG.ca on-line gaming platform. By checking the “ accept “ box, an Intending Player, Prospective Player, or a Player is confirming that they understand and agree to be bound by the terms and conditions of this Agreement. If a Prospective Player, Intending Player, or a Player does not agree with any of the terms and conditions of this Agreement, the person ( i ) is not permitted to register an report with OLG.ca, and ( two ) if the individual already has a Player Account ( as defined in Section 2 below ), they are not permitted to log into their Player Account and play any Games or purchase any products that are offered on or through OLG.ca .
OLG reserves the right to revise this agreement from time to time in such manner as OLG, in its sole discretion, determines to be appropriate. OLG will post a comment on OLG.ca advising Players when this Agreement has been revised, and prospective Players ( prior to registering an account with OLG.ca ), Intending Players ( anterior to completion of the adjustment for a Player Account ) and Players ( anterior to logging into their Player Account ) will be required to acknowledge and agree to be bound by the revised terms and conditions from and after that date. Each Prospective Player, Intending Player, and Player is creditworthy for familiarizing themselves with all of the terms and conditions of this Agreement and ensuring that they understand and agree to be bound by them anterior to registering an history with OLG.ca or logging-in to their Player Account .
In the subject of a Prospective Player, Intending Player, or a Player transgress or otherwise failing to comply with the terms and conditions of this Agreement, OLG will have the right to exercise any or all of the remedies described in this Agreement or differently available to it at law or in equity. Those remedies may include, for model, ( i ) the proper to terminate a Prospective Player ‘s, Intending Player ’ s, or a Player’s eligibility to register or maintain a Player Account, ( two ) to lock, Suspend, and/or Deactivate a Player Account, and ( three ) to retain any or all Unutilized Funds ( as defined in Section 2 below ) associated with a Player Account .
THIS IS AN IMPORTANT DOCUMENT THAT GIVES UP SOME OF YOUR LEGAL RIGHTS, PLEASE READ WITH CARE. THIS AGREEMENT CONTAINS LIMITATIONS OF LIABILITY INCLUDING LIMITING OLG ’ S LIABILITY TO YOU FOR NEGLIGENCE.
2 DEFINITIONS
The follow terms have the respective meanings specified below, and grammatical variations of such terms have corresponding meanings :
- “AGCO” means the Alcohol and Gaming Commission of Ontario and the successors thereof;
- “AGCO Standards” means the AGCO Gaming Standards and the Registrar’s Standards for Gaming: Lottery Sector, as prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time;
- “AGCO Gaming Standards” means the Registrar’s Standards for Gaming;
- “Agreement” means this Player Agreement – Terms and Conditions of Use for OLG.ca, as amended or replaced from time to time by OLG;
- “Bonus Funds” means a notional amount corresponding to Canadian dollars that is loaded into a Player Account by OLG. Bonus Funds, subject to the applicable Bonus Funds Terms, can be used by a Player to play Pay-to-Play Games or Draw-Based Lottery Games Played Online, or both, without charge to the Player;
- “Bonus Funds Terms” has the meaning specified in Section 8.1. Subject to Section 3 of this Agreement, the Bonus Funds Terms are incorporated into and form part of this Agreement;
- “Break” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
- “Business Day” means any day other than a Saturday, a Sunday, a statutory holiday in Ontario or any day on which banks are not open for business in Toronto, Ontario;
- “Chargeback” has the meaning specified in Section 6.4;
- “Closed Account” means a Player Account that is described in Section 11.1;
- “Close” or “Closure” means the act of a Player closing their Player Account as described in Section 11.1;
- “Deactivate” or “Deactivation” means that a Player Account has been set to a Deactivated Account as described in Section 12.2;
- “Deactivated Account” has the meaning specified in Section 12.2;
- “Dormant Account” means a Player Account that is described in Section 10.2 but does not include the Player Account of a Self-Excluded Individual;
- “Downtime” has the meaning specified in Section 15.2;
- “Draw-Based Lottery Game Played Online” means any of the games made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal Code (Canada), (ii) requires the Player to select a set of numbers or other play elements (whether chosen by the Player and/or randomly generated), and (iii) has its outcome or result being determined by a draw, but does not include any Pay-to-Play Game or any Play-for-Free Game.
- “Error” has the meaning specified in Section 15.1;
- “Error Funds” has the meaning specified in Section 15.1;
- ·“Event” has the meaning specified in the applicable Pay-To-Play Game Rules;
- “Excluded Individual” means an individual who is not permitted to register an account with OLG.ca or, if the individual already has a Player Account, to maintain that Player Account in an activated state, including:
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- an individual who does not satisfy all of the eligibility criteria that are described in Section 4.1 of this Agreement;
- an individual who has been excluded from OLG.ca by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
- an individual who is prohibited from accessing a gaming site or playing lottery schemes under Standard 3.1 or Standard 3.2 of the AGCO Standards, or any other relevant provision of the AGCO Standards from time to time;
- an individual who has registered for Self-Exclusion from a Casino (as defined in the AGCO Gaming Standards), for the duration of the period of Self-Exclusion (see the Responsible Gambling and Self Exclusion Policy for further information);
- a Self-Excluded Individual;
- an individual who is an employee of OLG or who, by contract or another arrangement with OLG, is prohibited from registering an account with OLG.ca; and
- an individual who is an employee of an “iGaming vendor” or “an iGaming entity” (as such terms are defined in the OLG Rules Respecting iGaming Lottery Games as amended or replaced from time to time).
- “FINTRAC” means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof;
- “Future Game Transaction” has the meaning specified in Section 5.2;
- “Games” means, collectively, Draw-Based Lottery Games Played Online, Pay-to-Play Games and Play-for-Free Games;
- “iGaming System” means the system that is used by OLG for the purpose of registering and administering Player Accounts, facilitating the playing of Games by Players, and paying as;
- “Inactive Account” means a Player Account that is described in Section 10.1 but does not include the Player Account of a Self-Excluded Individual;
- “Intending Player” means an individual described in Section 4.1;
- “Lottery Game Rules” means any terms, conditions, explanations, rules and procedures, including the prize structure, issued by OLG or the Interprovincial Lottery Corporation from time to time (in addition to this Agreement) which apply to a Draw-Based Lottery Game Played Online and which are designated by OLG as Lottery Game Rules. Subject to Section 3, the Lottery Game Rules are incorporated into and form part of this Agreement;
- “Mobile Applications” means any application developed by or on behalf of OLG that Prospective Players and Players can install on their mobile device, such as mobile phone or tablet, and through which select Games are made available to eligible Players from time to time;
- “OLG” means Ontario Lottery and Gaming Corporation and the successors thereof;
- “OLG.ca” means OLG’s websites and Mobile Applications through which select Games are made available to eligible Players from time to time;
- “OLG Internet Gaming Privacy and Cookie Policy” means the OLG.ca cookie and privacy policy, as amended or replaced by OLG from time to time. Subject to Section 3, the OLG Internet Gaming Privacy and Cookie Policy is incorporated into and forms part of this Agreement;
- “OLG IP Rights” has the meaning specified in Section 14.3;
- “Pay-to-Play Game” means any of the games made available through OLG.ca from time to time that: (i) constitutes a “lottery scheme” for purposes of the Criminal Code (Canada), (ii) requires the Player to place a bet or make a wager as a condition to entering the game, and (iii) affords the Player a chance to win a Prize but does not include any Draw-Based Lottery Game Played Online or any Play-for-Free Game. Examples of Pay-to-Play Games include Sports Betting Games Played Online and casino style games such as roulette and slots;
- “Pay-to-Play Game Rules” means the terms, conditions, explanations, rules and procedures (for example, how a Prize is won, the value and odds of winning Prizes for an individual Pay-to-Play Game, the Prize tiers within a Pay-to-Play Game) issued by OLG from time to time (in addition to this Agreement) which apply to a particular Pay-to-Play Game and which are designated by OLG as Pay-to-Play Game Rules. Subject to Section 3, the Pay-to-Play Game Rules are incorporated into and form part of this Agreement;
- “Player” means an individual (for certainty, other than an individual who is or becomes an Excluded Individual) who has successfully registered a Player Account that has not been Suspended, Deactivated, or Closed;
- “Player Account” means a Player’s account of notional funds corresponding to Canadian dollars that is maintained on the iGaming System, and also includes the Player’s registration information, deposit and withdrawal transaction history, and game-play information that the Player can access through OLG.ca from time to time;
- “Player Contact Information” means a Player’s contact information that is associated with a Player Account and stored in the iGaming System at the relevant time including, for example, the Player’s name, e-mail address, mailing address and telephone number;
- “Player-Initiated Transaction” has the meaning specified in Section 10.1;
- “Play-for-Free Game” means any of the free games made available through OLG.ca from time to time that contain some the features of a “lottery scheme” for purposes of the Criminal Code (Canada) but do not afford a chance to win a Prize or require any payment to play;
- “Player Support” means OLG.ca’s customer support services, which can be contacted in accordance with Section 18.1;
- “Prize” means a prize won by a Player from a Game in accordance with the applicable Lottery Game Rules or Pay-to-Play Game Rules;
- “Prospective Player” means any individual who visits OLG.ca but is not a Player;
- “Responsible Gambling and Self-Exclusion Policy” means the OLG responsible gambling policy relating specifically to OLG.ca, as amended or replaced by OLG from time to time. Subject to Section 3, the Responsible Gambling and Self Exclusion Policy is incorporated into and forms part of this Agreement;
- “Self-Excluded Individual” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
- “Self-Exclusion” has the meaning specified in the Responsible Gambling and Self-Exclusion Policy;
- “Sports Betting Games Played Online” means Pay-to-Play Games made available through OLG’s online sports betting platform.
- “Suspended Account” has the meaning specified in Section 12.1;
- “Suspend” or “Suspension” means that a Player Account has been set to a Suspended Account as described in Section 12.1;
- “Unutilized Funds” means any notional funds corresponding to Canadian dollars that are credited to a Player Account, including Prizes but excluding Bonus Funds, that have not been used by the Player; and
- “Username and Password” means a unique combination of identifiers created by a Player that is used by a Player to identify themselves to the iGaming System each time the Player wants to access his or her Player Account.
3 ADDITIONAL DOCUMENTS COMPRISING PART OF THIS AGREEMENT
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including :
- the applicable Lottery Game Rules and Pay-to-Play Game Rules;
- the Responsible Gambling and Self-Exclusion Policy;
- the applicable Bonus Funds Terms; and
- OLG Internet Gaming Privacy and Cookie Policy.
- any applicable website user agreement; and
- any applicable mobile application user agreement.
In the event of any conflict or incompatibility between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the order of precession shall be in descending holy order of clauses i. to vi. above, except that this Agreement, any applicable web site exploiter agreement and any applicable fluid application user agreement shall rank below the applicable Lottery Game Rules and Pay-to-Play Game Rules for such purpose .
4 REGISTRATION OF A PLAYER ACCOUNT
4.1 ELIGIBILITY TO REGISTER A PLAYER ACCOUNT
merely Players are allowed to play Draw establish Lottery Games Played Online, Pay-to-Play Games through OLG.ca. An individual who desires to become a Player ( an “ Intending Player ” ) must satisfy the trace criteria, as determined by OLG in its exclusive delicacy :
- the Intending Player must not already be a Player. A Player is only entitled to have one Player Account. The registration or attempted registration of more than one Player Account will constitute a material breach of this Agreement;
- the Intending Player must be at least 18 years of age. Only Players who are at least 19 years of age will be able to play Pay-to-Play Games, Play-for-Free Games. All Players who are at least 18 years of age are eligible to play Draw-Based Lottery Games Played Online;
- the Intending Player must reside in Ontario;
- the Intending Player must be physically located in the Province of Ontario each time the Player plays any of the Games (including when signing up for Future Game Transactions);
- the Intending Player must not be an Excluded Individual;
- the Intending Player must be an individual who is acting on their own behalf. The Intending Player must not be acting for or on behalf of anyone other than themselves, whether as an agent or otherwise; and
- the Intending Player must submit true, complete and accurate information when providing registration information.
- in the case of Sports Betting Games Played Online, the Intending Player must comply with the provisions of paragraphs 5(a), (b), (c) and (d) of Section 14.5 each time the Intending Player plays any of the Games.
An Intending Player who does not satisfy all of the forfeit criteria is not eligible to register an account with OLG.ca or to become a Player. OLG, in its sole discretion, may require extra data or documentation from an Intending Player or Player anterior to completing the registration of a Player Account or at any prison term thereafter, including for the purposes of confirming a Player ‘s identity or other Player Contact Information and in order to investigate any early suspect breaches of this Agreement ( including any suspect deceitful or dishonest activeness ). A bankruptcy of the Intending Player to satisfy any of the foregoing will constitute a material gap of this Agreement .
OLG will disclose an Intending Player ‘s registration information to third-party military service providers for the purposes of authenticating some or all of the registration information that has been provided to OLG by an Intending Player and to otherwise confirm that an Intending Player has satisfied the waive criteria and is eligible to register a Player Account. In addition, OLG may similarly disclose information in obedience of a Player from time to clock for the purposes of ( iodine ) confirming the Player ‘s continue eligibility to maintain a Player Account, ( two ) investigating any suspected breaches of this Agreement ( including any suspect deceitful or dishonest bodily process ), and ( three ) exercising any of OLG ‘s other rights described in this Agreement or in any of the other documents incorporated in this agreement by reference pursuant to Section 3 .
By providing any information or software documentation to OLG, the Intending Player ( or the Player, as the casing may be ) consents to the use and disclosure of such information by OLG for any and all of the purposes contemplated in this Agreement or in any of the other documents incorporated in this agreement by reference pursuant to Section 3. Please see the OLG Internet Gaming Privacy and Cookie Policy for extra data regarding the collection, use, disclosure and repositing of personal information by OLG .
4.2 PLAYER ACCOUNT INFORMATION
data that is submitted by an Intending Player who is registering an history with OLG.ca must be genuine, accurate and complete at the clock it is provided to OLG and such information must remain true, accurate and accomplished following the adjustment of a Player Account. If any of such registration information changes following the registration of a Player Account, it is the Player ‘s sole responsibility to ensure that the Player remains entitled to have a Player Account pursuant to the terms of this Agreement and, if necessity, to update the Player ‘s information in the Player Account by going to the “ My Account ” or “ Account Information ” page .
OLG may, from time to time, disclose a Player ‘s adjustment information to third-party service providers for the purposes of confirming that the Player ‘s registration information remains true and accurate. In addition, OLG may, at any time in its sole discretion, request extra information and documentation from a Player for this function .
You consent that OLG, and its third-party service providers, can collect personal information/Player information. You consent that this information can be used, stored, retained, and disclosed outside of the province of Ontario and Canada. This consent enables the take after services to be provided : ( i ) verification of identity ; ( two ) payment serve ; ( three ) location confirmation ; ( four ) analytics ( for example, web web site usage ) ; ( five ) customer relationship management and player support ; ( united states virgin islands ) e-mail services ; and ( seven ) technical support of OLG.ca .
The failure of a Player to update their Player Account data in a timely manner will constitute a material rupture of this agreement by the Player. Following the registration of a Player Account, if OLG discovers that any of the registration information associated with a Player Account which is then on file in the iGaming System is not dependable or is no longer accurate or complete ( including, for case, because a Player ‘s circumstances have changed and the Player did not update their information that is associated with the Player Account ), OLG may take all steps in relation back to the Player or the Player Account that OLG determines, in its lone free will, to be appropriate. For example, these steps may include Suspending, or Deactivating the Player Account, investigating any security issues and, in the encase of suspected or actual identity larceny or fraud, disclosing all relevant information to the appropriate law enforcement authorities and other third parties that OLG determines to be allow ( for exemplar, the AGCO, OLG ‘s payment processors, and credit rating card issuers and brands ) .
4.3 REQUIRED DOCUMENTATION
OLG may require a Player to provide extra information and documentation if OLG, in its sole free will, determines that the extra data or documentation is needed to comply with applicable laws or regulative requirements, or if OLG considers the collection of such information or software documentation to be necessary or advisable in order to prevent fraud or other illegal activity ( whether suspected or actual ) or to otherwise address a distrust or actual gap of the terms and conditions of this Agreement, or to confirm a Player ‘s identity or entitlement to receive or withdraw Unutilized Funds. Without limiting the generalization of the waive, a Player will be required to provide to OLG such data and documentation as OLG may determine that it requires in order to comply with its FINTRAC report obligations. All such information that is provided to OLG will be stored in the iGaming System on servers located in the Province of Ontario. By providing such extra information or documentation to OLG, the Player will be deemed to represent and warrant to OLG that such information is true and accurate or that such software documentation is a true, accurate and complete copy of the master .
4.4 PASSWORD SECURITY
When registering for a Player Account, an Intending Player will be required to create a Username and Password. Following the registration of a Player Account, the Player is entirely responsible for maintaining the security and privacy of the Player’s Username and Password, including related security or confirmation questions and answers. A Player is not permitted to disclose the Username and Password to any other individual ( including, without limitation, other Players, Prospective Players, family members, or minors ), and lone the Player is permitted to use the Username and Password to log into the relevant Player Account. Without limiting the generality of the forfeit, a Player is not permitted to use their Username and Password for the determination of giving any early individual access to the Player ‘s Player Account for any reason. All transactions ( for case, changes to registration information and Player Contact Information, deposits, withdrawals, Game play and lottery ticket purchases ) made through a Player Account following the correct entry of a valid Username and Password will be deemed to have been made by the Player, and the Player will be entirely creditworthy for all such transactions .
If a Player intentionally or unintentionally discloses their Username and Password to anyone else, or if the Player suspects that person else might have discovered the Player’s Username and Password ( whether or not such other person has used or attempted to use the Player’s Username and Password ), the Player must immediately change their password on OLG.ca and notify Player Support regarding the compromise or possible compromise of the original Username and Password .
A Player can change their password at any time by going to the “ My Account ” or “ Account Information ” page .
4.5 PLAYER ACCOUNTS
A Player can access the details of their Player Account through the OLG.ca web site by going to the “ My Account ” or “ Account Information ” page including, for case, to see the follow information :
- the Player’s registration information, including Player Contact Information;
- the Player’s Username and Password, as well as related security questions and answers;
- the current notional balance of the Player Account;
- the financial transaction history associated with the Player Account; and
- the game-play history associated with the Player Account.
If a Player discovers any inaccuracy or error in the information that is contained in their Player Account, or if the Player suspects that such an inaccuracy or error may exist, careless of who is responsible for the inaccuracy or error, the Player is required to immediately contact Player Support .
OLG.ca is a lottery and gaming web site mean for personal entertainment. A player may lone use their Player Account for these purposes. A player may alone use their Player Account for personal purposes. A Player is not permitted to use OLG.ca or any component thence ( including a Player Account ) or any contented included on OLG.ca for any clientele, commercial or populace purpose or for any early determination that OLG advises the Player from time to time is not permitted. Without limiting the generalization if the foregoing, a Player may not, through chat or differently, display, provide or transmit any contented that is deemed by OLG to be inappropriate ( including by function of a dub ) or threaten bully or otherwise harass any early Player .
OLG may take all steps in relation to the Player or the Player Account that OLG determines, in its sole discretion, to be allow in esteem of any hateful, discriminative, male chauvinist, violent, offensive or other inappropriate message. Without limiting the generality of the waive, OLG may, in its sole discretion, require that a nickname be changed, remove any content deemed to OLG to be non-compliant with the foregoing and/or Suspend or Deactivate the Player Account .
A Player Account is not the property of the Player and can not be assigned or transferred to or shared with any other person by the Player for any determination .
5 PLAYING BY WAY OF SUBSCRIPTION FOR FUTURE DRAWS
5.1 PLAYERS MAY PLAY CERTAIN DRAW-BASED LOTTERY GAMES PLAYED ONLINE BY WAY OF SUBSCRIPTION PROVIDED A PLAYER HAS UNUTILIZED FUNDS (OR, SUBJECT TO THE RELEVANT BONUS FUND TERMS, BONUS FUNDS) IN THEIR PLAYER ACCOUNT, AND OTHERWISE COMPLIED WITH THE TERMS OF THIS SECTION 5 AND THE OLG RULES RESPECTING IGAMING LOTTERY GAMES.
5.2 OLG OFFERS TWO TYPES OF SUBSCRIPTION OPTIONS, AS FOLLOWS:
- the “consecutive draw” option, which provides a Player the option to automatically purchase a ticket for a certain number of consecutive draws in a Draw-Based Lottery Game Played Online in accordance with the OLG Rules Respecting iGaming Lottery Games. The number of consecutive draws available varies from a minimum of two to the maximum number presented to the Player on OLG.ca; and
- the “never miss a draw” option, which provides a Player with the option to automatically purchase a ticket for an indefinite number of draws in a Draw-Based Lottery Game Played Online in accordance with the OLG Rules Respecting iGaming Lottery Games.
5.3 A TICKET PURCHASE TRANSACTION BY A PLAYER BY WAY OF SUBSCRIPTION IN ACCORDANCE WITH THIS SECTION 5.2 IS REFERRED TO AS A “FUTURE GAME TRANSACTION”.
- A Player who engages in, or attempts to engage in, Future Game Transactions is solely responsible for continually ensuring that:
- their Player Account contains sufficient Unutilized Funds (or Bonus Funds, if applicable) for such Future Game Transaction; and
- that the Player has completed the Future Game Transactions with adequate time (as determined by OLG) to allow OLG to process and record such transaction.
- Without limiting the generality of the foregoing, such Player must, in addition to complying with all of the other terms and conditions of this Agreement which are then in effect:
- ensure that they have a valid ticket for the applicable draw as evidenced by the purchase confirmation displayed within their Player Account; and
- ensure the existence, completeness, and accuracy of the information displayed within their Player Account (including, without limitation all purchase confirmations);
all before such pull back is held .
OLG does not undertake any duty or responsibility for notifying a player :
- if they do not have a “valid ticket” (as such term is defined in the OLG Rules Respecting iGaming Lottery Games) for any particular draw or draws; or
- if they do or may have insufficient Unutilized Funds (or Bonus Funds, if applicable) available to play a particular Game prior to rejecting the relevant transaction;
provided that the foregoing will not restrict OLG ‘s ability to so notify a Player .
6 DEPOSITS INTO PLAYER ACCOUNT
6.1 FUNDING A PLAYER ACCOUNT
In order to play Games ( other than Play-for-Free Games ) on OLG.ca, a Player is required to have a positive fanciful proportion of funds in their Player Account. OLG will not extend credit rating to Players. If a Player Account does not have sufficient funds for a Game at the time that the bet, bet, or purchase is to be made, then the bet, bet or purchase will not be made and the Player ’ sulfur introduction into the Game will be rejected. A Player is entirely responsible for ensuring that their Player Account contains sufficient funds for a Game ( including any future Game Transaction ), and OLG does not undertake any duty or duty for notifying a actor if they do or may have insufficient funds available to play a particular Game anterior to rejecting the relevant transaction ( provided that the forfeit will not restrict OLG ’ s ability to so notify a Player ) .
In addition, subject to certain exceptions, any monetary Prizes from Games that are played through OLG.ca will be loaded to the Player Account by means of a credit to the notional counterweight of such Player Account. The withdrawal of funds representing such Prizes from a Player Account will be subject to the terms and conditions of this Agreement. Instructions for claiming non-monetary Prizes will be provided to Players by OLG from time to time
6.2 MEANS OF DEPOSITING FUNDS
A Player may fund his or her Player Account by depositing funds ( in Canadian dollars lone ) with OLG by means of :
- a Visa or MasterCard credit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa or MasterCard credit card for such purpose. Players should be aware that some credit card issuers may treat the funding of a Player Account as a cash advance and charge a fee for each such credit card transaction. Any cash advance fee or other fees relating to the use of a credit card are the Player’s sole responsibility;
- a Visa Debit card issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Visa Debit card for such purpose;
- a Debit Mastercard issued in Canada by a Canadian bank or financial institution, which the Player is an authorized user, as defined by the Canadian bank or financial institution, to use the Debit Mastercard for such purpose; or
- an Interac Online payment from a Player’s bank account that the Player is an authorized user, as defined by the bank, to access for such purpose. When Interac Online is selected as the payment option, a Player will be redirected to the online banking website for their bank. OLG will not collect online banking login or password information. A Player should familiarize themselves with the terms and conditions that govern the use of their bank or financial institution’s online banking website prior to using it to fund a Player Account, including whether the bank or financial institution will charge any fees relating to the use of Interac Online. All such fees are the Player’s sole responsibility.
A Player should familiarize themselves with the terms and conditions that govern the habit of their choose fund method acting prior to using it to fund a Player Account. OLG or its payment process service providers may store Visa or Mastercard credit card, Visa Debit card, Debit MasterCard, or Interac Online ( as applicable ) information on servers located outside of Ontario, but within Canada. In accession, OLG and its requital serve serve providers may use and disclose aggregate transaction information for respective analytic purposes relating to their respective businesses ( but not relating to a particular or identifiable Player ). By using a payment method acting listed in 6.2 ( a ) –6.2 ( d ) to fund a Player Account, the Player expressly consents to OLG or its requital processing service providers, or both, storing such transaction information located on servers located outside of Ontario, but within Canada and using and disclosing aggregate transaction information for the purposes described in this paragraph .
No other means of funding the conceptional proportion of a Player Account are permitted as of the date of this Agreement .
The merchant associated with any depository transaction will be “ Ontario Lottery and Gaming Corporation ” .
Each time a Player uses a credit circuit board, Visa Debit card, Debit Mastercard or Interac Online to make a deposit with OLG for purposes of funding the conceptional counterweight of a Player Account, they will be deemed to represent and warrant to OLG that the Player has all necessity rights and authority to use such accredit circuit board or the funds in the relevant bank score for such purposes, including in circumstances in which the credit circuit board or bank account is jointly held with one or more early persons or is held by a person other than the Player .
OLG will hold a Player ‘s monies that are deposited with OLG for purposes of funding the fanciful balance of a Player Account in a bank account or escrow account as regent for the Player ( not as banker or debtor ). Notwithstanding anything to the reverse contained in this Agreement, OLG will deal with a Player ‘s money that has been deposited with OLG as a regent, and nothing contained herein shall create or give rise to any obligation on the part of OLG to repay any money to the Player as the Player ‘s debtor. For the avoidance of doubt, a Player Account is not a bank report and, therefore, is not cover, guaranteed, sponsored or otherwise protected by any deposit or bank indemnity system. Funds deposited with OLG for purposes of funding the notional balance of a Player Account, and monetary Prizes that are credited to a Player Account, will not accrue matter to for the benefit of the Player, and the Player shall not be entitled to claim any concern from OLG in respect of any such funds .
In the event that any sum becomes owing to OLG by the Player under or in accord with the terms of this Agreement, OLG shall have the right to deduct such amounts from the Player ‘s Unutilized Funds and to adjust the conceptional libra of funds in the Player Account consequently without the prerequisite for any progress or far notice to be provided to the Player by OLG .
6.3 DEPOSIT LIMITS AND LIMITATIONS
In addition to any lodge limits established by a Player, OLG ( in its lone discretion ) may restrict a Player ‘s ability to fund the fanciful balance of a Player Account including but not limited to by :
- establishing minimum and maximum amounts of funds that may be deposited by a Player with OLG for the purpose of funding the notional balance of a Player Account, on a transaction-by-transaction basis or during one or more time periods. As of the date of this Agreement, the minimum deposit amount for a single deposit by a Player cannot be less than $15.00 and cannot exceed $999,999.00;
- limiting the number of different credit cards that a Player can use to fund a Player Account. In addition, a particular credit card may not be registered with more than one Player Account;
- restricting a Player’s ability to change deposit methods during specified periods of time;
- restricting a Player’s ability to change certain credit card information or otherwise impose conditions prior to changing credit card information (for example, requiring that the Player contact Player Support);
- changing acceptable methods of payment; or
- limiting the number of deposits that a Player can make for the purpose of funding the notional balance of a Player Account. As of the date of this Agreement, a Player cannot make more than ten (10) such deposits.
capable to the situate limits set by OLG pursuant to this segment 6.3, a Player has the option to set, change or remove lodge limits for their Player Account applicable to the periods of time and in the manner contemplated in the responsible Gambling and Self-Exclusion policy
6.4 CHARGEBACKS
A “ Chargeback ” occurs for the purposes of this Agreement when a credit or debit cardholder contacts the depository financial institution or early fiscal institution that issued the card to initiate a refund for a payment transaction that was made using the poster or the account associated with the batting order, and the bank or fiscal initiation requests that OLG return the relevant funds .
If a Player funds the fanciful proportion of their Player Account and thereafter a Chargeback occur in deference of all or separate of the depository transaction, OLG ( or any of its third-party service providers ) may take any or all of the follow actions, in each casing as OLG, in its sole free will, determines to be appropriate :
- Suspend the Player Account pending resolution of any dispute relating to the Chargeback in accordance with Section 12.1;
- request that the Player contact Player Support to explain the circumstances of the Chargeback;
- debit the Unutilized Funds in the Player Account with the amount of the Chargeback. If that debit results in a negative balance of Unutilized Funds in the Player Account, the amount of the negative balance will constitute a debt owed by the Player to OLG, and OLG reserves the right to recover such amount from the Player;
- Deactivate the Player Account and exclude the Player from playing Games on OLG.ca (i.e., deem the individual to thereafter be an Excluded Individual); or
- initiate a dispute resolution process with the relevant bank or financial institution, which may include OLG providing evidence relating to the deposit transaction and/or Chargeback to a payment processing service provider and/or a bank or financial institution.
7 WITHDRAWALS FROM A PLAYER ACCOUNT
7.1 METHODS OF WITHDRAWING UNUTILIZED FUNDS
subject to certain exceptions, withdrawals of Unutilized Funds from a Player Account will be processed by means of an electronic bank transfer ( in Canadian dollars only ) to a deposit report that is registered by the Player and which OLG has verified and approved, to its atonement, is held by the Player at a bank or other fiscal institution acceptable to OLG in Canada. A Player is not permitted to designate a trust report for such purposes that is not held by the Player ( alone or together with other persons ) .
The Player acknowledges and agrees that :
- OLG will require the Player to submit documentation (by electronic upload via OLG.ca or as OLG may otherwise instruct) that, in OLG’s sole determination, evidences the Player’s authority over the bank account that is to be registered. For example, OLG may require a copy of a void cheque or a bank account statement, in either case which includes the Player’s name, civic address and the bank account number, all of which must match the information associated with the Player Account that is stored in OLG’s iGaming System;
- by submitting such documentation to OLG, the Player will be deemed to represent and warrant to OLG that such documentation is a true, accurate and complete copy of the original; and
- if the Player registers a bank account that is held jointly with one or more other persons, withdrawals of Unutilized Funds from their Player Account will be paid into such joint account and, therefore, may be accessed by the other account holders.
A Player will not be entitled to specify any other payment method or currency of requital for a withdrawal. For exemplar, a Player will not be able to withdraw Unutilized Funds to a recognition card even if the Player used a credit wag to deposit funds with OLG for purposes of funding the fanciful balance of their Player Account. OLG, in its exclusive delicacy, may from time to prison term return Unutilized Funds to a Player by other allow means .
7.2 WITHDRAWAL LIMITS AND LIMITATIONS
subject to the terms and conditions of this Agreement, a Player may withdraw Unutilized Funds from their actor Account up to the then-current symmetry of Unutilized Funds .
A Player will not be entitled to withdraw Unutilized Funds from a Player Account through OLG.ca at any time that a Player Account is Suspended unless OLG, in its lone free will, determines that the coitus interruptus ( in whole or in separate ) will be permitted. If a Player Account is Suspended and the Player wants to make a withdrawal of Unutilized Funds, the Player must contact Player Support .
OLG may from time to time specify minimum and maximal coitus interruptus amounts applicable to Player Accounts. As of the date of this Agreement, the minimum amount of a individual withdrawal of Unutilized Funds by a Player is $ 2, and there is no maximum sum of a individual withdrawal of Unutilized Funds by a Player. If a Player wishes to withdraw less than the specified minimum amount, the Player must contact Player Support .
OLG may from time to meter limit the number of withdrawals of Unutilized Funds by a Player that a Player can make during a specify time period of time. As of the date of this Agreement, a Player is permitted to make entirely one withdrawal of Unutilized Funds per day .
7.3 WITHDRAWAL CANCELLATIONS
OLG may, in its discretion, refuse a coitus interruptus request if OLG suspects such withdrawal is made in breach of this Agreement ( whether or not such rape is a Material Breach ). OLG will make fair efforts to promptly notify the Player of such refusal via the Player Contact Information associated with the Player Account .
A Player may cancel their withdrawal request through their Player Account. Provided such cancellation has not been processed by OLG, the relevant funds will be returned to the Unutilized Funds in the Player Account .
7.4 WITHDRAWAL PROCESSING TIMES
Following a Player ‘s request to withdraw Unutilized Funds from their Player Account and the satisfaction of all other terms and conditions for a withdrawal ( including providing any compulsory information or documentation to OLG ), in most circumstances OLG will be able to process the withdrawal within three Business Days. In some circumstances, a longer period of meter for processing a secession may be required. OLG will not be required to notify the Player of any stay associated with the march of a withdrawal of Unutilized Funds or the argue for such delay unless extra information or documentation is required to be provided by the Player .
8 BONUS FUNDS TERMS
8.1 BONUS FUNDS
From time to clock time, OLG may, in its sole discretion, whether for promotional purposes or otherwise, offer to upload Bonus Funds into a Player Account, subject to the Player ( in their discretion ) accepting the offer of the Bonus Funds. Bonus Funds have a fanciful monetary rate only, so they are not Unutilized Funds at the time they are awarded. A Player is not entitled to receive Bonus Funds unless OLG, in its sole discretion, determines that Bonus Funds should be offered to a particular Player. A Player will not be obligated to accept Bonus Funds. A Player can forfeit Bonus Funds at any time by contacting Player Support .
OLG will have the right to determine the reservation criteria for all promotions and award of Bonus Funds. The criteria will be specified in the terms and conditions that OLG determines are applicable to any specific Bonus Funds, and any use of such Bonus Funds must comply with the applicable terms and conditions relating thereto ( the “ Bonus Funds Terms ” ). All Bonus Funds Terms will be deemed to be incorporated by reference in this Agreement, and in the event of any incompatibility between the Bonus Funds Terms and the terms and conditions of this Agreement, the Bonus Funds Terms shall govern to the extent of the incompatibility .
The award and handiness of Bonus Funds are in OLG ‘s sole discretion. The use of Bonus Funds may be limited to particular Games and specific periods of time, and Bonus Funds may expire and be cancelled if they are not used anterior to a specify date or meter. The applicable Bonus Funds Terms should be consulted. In addition, OLG may cancel Bonus Funds that have been uploaded into a Player Account at any clock time in its sole discretion .
8.2 USING BONUS FUNDS
If a Player who wants to play Games ( other than Play-for-Free Games, Sports Betting Games Played Online and Draw Based Lottery Games Played Online ) has both Bonus Funds and Unutilized Funds in their Player Account ( regardless of whether the award of the Bonus Funds preceded or followed the recognition of fanciful funds to the balance of the Player Account, whether resulting from a deposit of funds with OLG by the Player or the win of a Prize by the Player ), the Unutilized Funds will be used first to play the eligible Games until all of the Unutilized Funds have been utilized, following which meter the Bonus Funds will be used. Winnings from wagers placed with Bonus Funds are added to the Bonus Funds poise .
For Draw-Based Lottery Games Played Online and Sports Betting Games Played Online, Bonus Funds will be used in accordance with the applicable Bonus Fund Terms. pursuant to such terms, a Player may be required and/or permitted to use Bonus Funds for the leverage of Draw-Based Lottery Games Played Online and Sports Betting Games Played Online, as applicable, anterior to Unutilized Funds being utilize .
The Bonus Funds Terms may contemplate that sealed Bonus Funds will become Unutilized Funds alone after certain bet requirements have been satisfied. A Player should review the applicable Bonus Funds Terms prior to accepting an crack of Bonus Funds. If a Player does not accept the applicable Bonus Funds Terms in their entirety, then the Player must not accept the relevant Bonus Funds or opt-out of the promotion in accordance with such Bonus Fund Terms .
9 ADVERTISING
9.1 PUBLISHING WINNER INFORMATION
OLG may publish the winner ’ mho name, town/city, Prize sum, game list, “ insider ” status, draw date and paid date on OLG ’ s web web site ( OLG.ca ) .
10 INACTIVE AND DORMANT ACCOUNTS
10.1 INACTIVE ACCOUNTS
A Player Account will become an inactive account if there has not been a successful Player-Initiated transaction for a period of 12-consecutive months, unless the Player Account is for a Self-Excluded Individual. For this aim, a “ Player-Initiated Transaction ” means ( one ) a deposit of funds by the Player for the purpose of funding the Player Account, ( two ) a withdrawal of Unutilized Funds from the Player Account, or ( three ) a bet, stake or leverage of a Draw-Based Lottery Game Played Online or a Pay-to-Play Game, including a future Game Transaction that has not expired or been suspended due to insufficiency of Unutilized Funds or for any early reason. For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated transaction. If the Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last future Game Transaction is processed from the Player Account, being the last Player-Initiated transaction .
A Player Account that has become an dormant Account will cease to be an inactive account following the successful completion of a Player-Initiated transaction.
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An inactive account will be subject to the following monthly service fees ( “ Inactive Account Fees ” ), the total of which OLG will be entitled to withdraw from the Unutilized Funds associated with the Player Account at the conclusion of each month ( or at any time thereafter ) without the necessity for any advance or further notification to the musician :
- during each of the first 12 months that the Player Account is an Inactive Account, a monthly service fee of $2 per month (or if the balance of the Player Account is less than $2, then that balance);
- during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $10 per month (or if the balance of the Player Account is less than $10, then that balance); and
- during each of the next six months that the Player Account is an Inactive Account, a monthly service fee of $25 per month (or if the balance of the Player Account is less than $25, then that balance).
The utmost measure of Inactive Account Fees that OLG will be entitled to receive from a Player under this Agreement is peer to the lesser of ( one ) $ 234 and ( two ) the amount of the Unutilized Funds associated with the Inactive Account .
10.2 DORMANT ACCOUNTS
An passive bill will become a dormant score if the Player does not successfully complete a Player-Initiated transaction within the 24-month period immediately following the date on which the Player Account becomes an inactive Account ( i, the Player has not successfully completed a Player-Initiated transaction for 36 consecutive months ). When a Player Account becomes a Dormant Account, the Player Account will be initially Suspended by OLG and subsequently Deactivated. Once the Player Account is a abeyant score the Player will not be able to log into or use the Player Account. topic to the minimum withdrawal requirements in Section 7.2 and documentation requirements in Section 4.3, OLG will deposit an sum equal to the Unutilized Funds a at such date into the bank report that is associated with the Player Account, the details of which are stored by OLG on the iGaming System. In the event that no bank account is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account ( for example, because the bank account has been closed or because OLG requires extra information in rate to confirm that the deposit report belongs to the Player ), OLG will use its reasonable efforts to contact the Player using the Player Contact Information to advise as to the condition of the Player Account and the libra of Unutilized Funds. If OLG is unable to contact the Player, the Player Account will be Deactivated. If OLG is unable to contact the player within 24-months of the Player Account becoming a dormant Account, Unutilized Funds may be forfeited to OLG .
10.3 REACTIVATION OF A DORMANT PLAYER ACCOUNT
OLG will retain information relating to a Dormant Account in the iGaming System in accordance with its record retentiveness policies. If a Player Account has become a abeyant account and is locked, the Player may thereafter contact Player Support to request the reactivation of the Player Account. If a Dormant Account is reactivated, it will have the lapp account details as those which existed as of the date the Player Account became a Dormant Account. In the consequence that any of the relevant information has changed ( for exercise, the Player Contact Information ), the Player will be entirely responsible for updating such information and complying with the terms and conditions of this Agreement which are then in effect .
11 PLAYER’S CLOSURE OF ACCOUNTS
11.1 CLOSURE OF A PLAYER ACCOUNT BY THE PLAYER
A Player may close their Player Account at any time by contacting Player Support ( “ Closed Account ” ). If a Player is no longer eligible to have a Player Account ( for exemplar, if the Player will be relocating to a jurisdiction outside of the Province of Ontario, or if the Player becomes an Excluded Individual ), the Player is required to Close their Player Account .
Upon Closure of a Player Account, the Player Account will no long be accessible by the Player until such time as the Player has contacted Player Support to request a re-opening of the Player Account and OLG has approved of such re-opening. All future Game Transactions associated with the closed Player Account that have not been completed by the time of Closure will be cancelled .
Notwithstanding the closure of the account, OLG will retain a Player ’ s data in accord with its record retention policies. For more information on how OLG retains a Player ’ s personal information, see the OLG Internet Gaming Privacy and Cookie Policy
subject to the minimum withdrawal requirements in Section 7.2 and documentation requirements in Section 4.3, if a Player Closes their Player Account and Unutilized Funds remain in the Player Account at that time, OLG will return the Unutilized Funds to the Player ‘s bank explanation that is associated with the Player Account, the details of which are stored by OLG on the iGaming System. In the event that no depository financial institution report is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such deposit account ( for model, because the savings bank score has been closed or because OLG requires extra information in arrange to confirm that the bank report belongs to the Player ), OLG will use fair efforts to contact the Player using the Player Contact Information to advise as to the condition of the Player Account and the poise of Unutilized Funds .
12 DEACTIVATION OR SUSPENSION OF A PLAYER ACCOUNT IN OLG’S DISCRETION
12.1 SUSPENSION OF A PLAYER ACCOUNT
OLG shall have the veracious to suspend a Player Account at any time in its lone free will ( a “ Suspended Account ” ). Without limiting the forfeit, and by way of example entirely, OLG may Suspend a Player ’ s access to their Player Account if it suspects that the Player has improperly initiated a Chargeback or has committed any gap of this Player Agreement, applicable law, Lottery Game Rules, and/or the Pay-to-Play Game Rules .
While a Player Account is Suspended :
- a Player will be unable to login or access their Player Account;
- a Player will be unable to withdraw any Unutilized Funds unless OLG, in its sole discretion, determines otherwise;
- all Future Game Transactions associated with the Suspended Player Account will be suspended and/or cancelled (i.e. no purchase or other financial transaction in respect thereof that has not been completed at the time the Player Account is Suspended will be completed); and
- a Player may be required to cooperate with any investigations conducted by OLG into the Player’s conduct prior to the Suspension being lifted (including provisions of additional documentation or information as requested by OLG). Failure to cooperate with this subsection 12.1(d) shall be deemed a Material Breach of this Agreement.
If, during the Suspension, OLG determines that the Player has committed a Material Breach of this Agreement, it may Deactivate the Player Account in accord with Section 12.2 .
12.2 DEACTIVATION OF PLAYER ACCOUNT
OLG shall have the right field to deactivate a Player Account at any time in its sole discretion ( a “ Deactivated Account ” ) .
If OLG Deactivates a Player Account, OLG will deposit an total adequate to the Unutilized Funds ampere at such date into the savings bank report that is associated with the Player Account ( subject to the minimal withdrawal requirements detailed in Section 7.2 and extra documentation requirements in Section 4.3 ), the details of which are stored by OLG on the iGaming System. In the consequence that no bank report is associated with the Player Account, or if OLG is not able to successfully deposit the Unutilized Funds in such bank account ( for example, because the bank explanation has been closed or because OLG requires extra information in order to confirm that the bank report belongs to the Player ), OLG will use its reasonable efforts to contact the Player using the Player Contact Information. If OLG is unable to contact the Player, then OLG will retain the Unutilized Funds until OLG receives proper instructions relating to the inclination of such funds from the Player or their legal representative .
Notwithstanding the forfeit, if OLG Deactivates a Player Account as a resultant role of the happening of a Material Breach by the Player under this Agreement, OLG ( in its sole discretion ) shall be entitled to treat any or all of the Unutilized Funds as forfeited by the Player, in which case the Player will not be entitled to have the Unutilized Funds returned .
13 EFFECT OF DEACTIVATION OR CLOSURE OF A PLAYER ACCOUNT
Without limiting the foregoing, when a Player Account is a close score or a deactivate account :
- Any scheduled wagers, bets or purchases (including for Future Game Transactions) that have not been completed prior to the Closure or Deactivation will be cancelled;
- the Player will not be entitled to receive any offers for new Bonus Funds, and any existing Bonus Funds associated with the Player Account will be cancelled and the Player will not be entitled to receive any compensation in respect of the cancelled Bonus Funds; and
- this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.
14 ACCESSING AND USING OLG.CA
14.1 SUPPLY AND MAINTENANCE OF PLAYER EQUIPMENT AND SERVICES
prospective Players, Intending Players, and Players are entirely responsible for supplying and maintaining all equipment, engineering and services that they require to access and use OLG.ca. The operation or operation of OLG.ca or any web site or mobile Applications that OLG may make available to Players from clock time to time may be affected by a Player ‘s computer equipment, mobile device, Internet connection or other factors that are outside of OLG’s control. In some cases, a Prospective Player, Intending Player, or a Player may not be able to access or use some or all of the components or functionality of OLG.ca as a consequence of deficiencies in their own equipment or engineering or the military service providers retained by them. For model, a behind Internet joining could adversely impact the performance or mathematical process of OLG.ca, or an outdated web browser or the settings on a Player’s computer could cause some or all of the content of OLG.ca to display incorrectly or to fail to display .
OLG makes no representation or guarantee of any kind regarding the compatibility, functionality, performance or operation of OLG.ca or any part thereof on any Intending Player, Prospective Player or Player ‘s calculator or other devices used to access OLG.ca .
Players may require extra third-party services to access OLG.ca ( for example, internet military service supplier agreement ; mobile carrier agreement ; email account ; text messaging service ( SMS ) ). The Player is entirely accountable for any agreements and charges related to these third-party services. A Player should familiarize themselves with the terms and conditions that govern any such services anterior to using them to access OLG.ca .
14.2 THIRD-PARTY CONTENT
In order to access or use certain components of OLG.ca, it may be necessary for a Prospective Player or a Player to download software ( for model, certain casino games may require a flash musician or an up-to-date vane browser. )
Certain third-party product providers may require the Prospective Player or the Player to accept and agree to extra terms and conditions governing the use of their products. It is the sole responsibility of the Prospective Player or the Player to determine whether they accept and agree to any such third-party terms and conditions, and if the Prospective Player or the Player does not accept and agree to them, such third-party intersection should not be used .
OLG shall not be apt for any direct or indirect damage to, or loss of data from, a Prospective Player ‘s or a Player ‘s equipment that may arise from or as a solution of the access or use of OLG.ca or any subject, software or applications made available by or on behalf of OLG through OLG.ca .
Some Pay-to-Play Games may be offered jointly and networked with one or more other canadian lottery jurisdictions. Players playing such Games could face opponents from within Ontario arsenic well as opponents located elsewhere in Canada .
14.3 OLG’S INTELLECTUAL PROPERTY RIGHTS
OLG is the owner or licensee of all of the copyright, trademarks and other intellectual property rights in, to and in respect of OLG.ca and the iGaming System, including the content of the waive, the Games and any written communications that are sent to prospective Players or Players by or on behalf of OLG ( jointly, “ OLG IP Rights ” ). No prospective Player or Player shall be deemed to be granted or to receive any rights in or to any of the OLG IP Rights except to the extent specifically contemplated in, and submit to the terms and conditions of, this Agreement .
14.4 VIRUSES, HACKING AND OTHER OFFENCES
The access or practice of OLG.ca other than in accord with the terms and conditions of this Agreement is strictly prohibited .
A Prospective Player or a Player shall not :
- knowingly or negligently introduce, or permit the introduction of, any virus, trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to OLG.ca, the iGaming System, any Game or any component of any of the foregoing;
- access or attempt to gain access to OLG.ca, the iGaming System, any Game or any component of any of the foregoing that they are not entitled to access, including the servers on which OLG.ca, the iGaming System or any Game is stored or any server, computer or database connected to OLG.ca, the iGaming System or any Game. The foregoing restriction includes any attempt to bypass any security mechanisms included in OLG.ca, the iGaming System or any Game, including those which are intended to protect the security of Player’s personal information;
- use any software program which, in OLG’s sole determination, is endowed with artificial intelligence (i.e., robots) in connection with the Player’s participation in a Game;
- attack, whether alone or in combination with others, OLG.ca by means of a denial-of-service attack or a distributed denial-of-service attack;
- translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify or make any attempt to discover the source code of any software (or any part thereof) that is downloaded through or in connection with the access or use of OLG.ca;
- copy, disclose (including, for example, by posting on any social media, blog, message board or other public forum), transmit or otherwise make available, or remove or alter, any of the content or material that is made available on or through OLG.ca; or
- remove, obscure or alter any notice of any OLG IP Right (including any designation of copyright or trademark) contained in any content or material that is made available on or through OLG.ca.
A failure to comply with this section 14.4 will constitute a substantial breach of this agreement by the Prospective Player or the Player. In the event that any action that is prohibited by this section 14.4 occurs, OLG ( in its sole delicacy ) may deem it to be an error for the purposes of this Agreement, and, in addition to this department 14.4, section 15.1 shall besides apply in esteem thence .
14.5 COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY
Each Player is prohibited from engaging in, and is required to immediately notify OLG upon becoming mindful that another Player is or may be engaging in, any mannequin of collusion, cheating, fraud or criminal bodily process or otherwise exploiting an unfair advantage involving any Game or other component of OLG.ca, including in association with the registration of a Player Account, the deposit of funds with OLG to the credit of the fanciful counterweight of a Player Account, making a stake, stake or leverage of a Game, or the withdrawal of Unutilized Funds .
For the purposes of this Agreement, as examples lone :
- fraud includes the unauthorized use of a credit card as a source of funds to be deposited to the credit of a Player Account;
- criminal activity includes money laundering;
- an unfair advantage includes the use of any software that could provide a Player with an unfair advantage (including, by way of example only, “bots”, artificial intelligence, machine learning software, malicious code, opponent profiling software, automatic betting software, viruses, worms, or malware); and
- an unfair advantage includes the exploitation of a fault, loophole or error in any software that is used in connection with the operation of OLG.ca (including any Game) or the exploitation of any Error; and
- in the case of Sports Betting Games Played Online, collusion includes any of the following:
a ) having access to non-public/exclusive information related to an Event, or having the potential to impact the result of an event or count type, in esteem of any Event oversee by the relevant Event governing body ;
b-complex vitamin ) having sufficient authority to influence the consequence of an Event ( including, without limitation, athletes, coaches, managers and owners ), in respect of any Event oversee by the relevant Event governing body ;
carbon ) being an owner of an Event governing body or an event member team, in respect of any Event oversee by that governing body or any event in which a penis team of that governing body participates ; or
five hundred ) compiling betting odds for any Event in which one is involved. Each Player hereby represents and warrants to OLG that they comply, and will comply, with the provisions of paragraph 5 ( a ), ( bel ), ( speed of light ) and ( vitamin d ) of this section 14.5 .
OLG will use reasonable efforts to detect and prevent any such collusion, cheat on, fraud or criminal activity by Players or the contain of any unfair advantage by Players, but in the consequence that any such activity occurs and another Player incurs any loss or price, OLG will not be liable for any such passing or price .
Each Player hereby represents and warrants to OLG that they comply, and will comply, with the provisions of paragraph 5 ( a ), ( b-complex vitamin ), ( c ) and ( five hundred ) of this segment 14.5 .
OLG shall have the right to notify all third parties which OLG, in its sole free will, determines to be allow in the consequence of any actual or suspected collusion, cheat, fraud or condemnable action by any Player or the take of any unfair advantage by any Player, including the appropriate jurisprudence enforcement authorities and other third parties that OLG determines to be appropriate ( for example, patrol services, the AGCO, OLG ‘s requital processors, Event governing bodies, other operators/providers of sports being platforms, and credit tease issuers and brands ) .
15 ERRORS AND UNAVAILABILITY OF OLG.CA
15.1 OLG’S ERRORS
A number of circumstances may arise where a Game-related count, bet or buy is accepted by OLG, or where OLG awards a Prize, credits a Player Account or processes a withdrawal, in each case in error ( an “ Error ” ). As examples only, Errors may include :
- where OLG misstates any Lottery Game Rules, Pay-to-Play Game Rules or Bonus Funds Terms, in each case as a result of an obvious error or omission in inputting the information, or as a result of a computer malfunction;
- where OLG credits a Player Account, thereby increasing the amount of Unutilized Funds, as a result of a manual or computer input error;
- where OLG deposits into a Player’s bank account an amount that is greater than the amount of Unutilized Funds in a Player Account; or
- in the case of Sports Betting Games Played Online, errors which may result in the voiding and/or resettling of a wager:
- Where OLG accepts a wager after the Event Cut-off Time for Wagering (as defined in the applicable Pay-to-Play Game Rules); after a result is known; or at a stage where the Player could have any indication of the result of the wager;
- Where OLG accepts a wager based on incorrect information provided by OLG including, but not limited to, incorrect outcomes, participants, location, date, time, lines or odds;
- Where OLG settles a wager with an incorrect result or payout; or
- If OLG, in its sole discretion, believes that the integrity of the event may have been called into question: or
- The Player fails to comply with one or more of paragraphs 5(a), (b), (c) and (d) of Section 14.5
OLG reserves the right to correct any Error in the manner that it deems allow in the circumstances, and OLG ‘s decisiveness shall be final and bind. reference is besides made to Section 16.3 .
Neither OLG nor any of its employees, agents or service providers shall be apt for any loss incurred by a Player that results from any Error, including any passing of winnings that results from a forfeit thence by the Player as a consequence of the Error. OLG shall use reasonable efforts to notify a Player if any Error has adversely impacted the Player, or if the correction of any Error adversely impacts the Player .
In the event that OLG credits a Player account, or pays any money to a Player ( for model, by processing a withdrawal ), as a resultant role of or in sexual intercourse to an error, the Player shall be deemed to hold the entirety of the come of such credit or payment ( such come being herein referred to as “ Error Funds ” ) in faith for OLG, and OLG shall have the right to recover the mistake Funds through a decline entry to the extent that funds are available in the Player ’ s Player Account and, if sufficient funds are not available, through a demand for payment to that person, which demand the person shall immediately satisfy, to the extent of any insufficiency, in accord with OLG ‘s fair instructions. Further, any subsequent Game-related count, bet or purchase may be deemed by OLG to have been made using the Error Funds, and ( iodine ) OLG may cancel such stake, bet or buy, and ( two ) if any Prize in deference thereof has been credited to the Player Account or otherwise paid or delivered to the Player, the Player shall be deemed to be holding the broad come of such Prize in trust for OLG, and ( three ) upon OLG making a demand for the return of such Prize, the Player shall immediately return the Prize to OLG in accordance with OLG ‘s reasonable instructions .
15.2 UNAVAILABILITY OF OLG.CA
OLG intends to make OLG.ca available on a 24-hour basis, 7 days a week. however, from prison term to meter it will be necessity to limit or restrict access to all or parts of OLG.ca ( “ Downtime ” ), including for purposes of conducting software maintenance and upgrades, and addressing Errors and other issues as determined by OLG in its sole discretion. During a period of Downtime, some or all of the functionality of OLG.ca may not be available. As examples alone, it may not be possible to :
- deposit funds with OLG for purposes of crediting the notional balance of a Player Account;
- withdraw Unutilized Funds;
- play Games; or
- check a Player’s transaction history.
OLG will use reasonable efforts to notify Players in boost of planned Downtime by posting notices at OLG.ca or through other allow means as determined by OLG in its delicacy. however, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond OLG ‘s see ( for example, a power failure ) or if the Downtime is determined to be necessary to address a potential or actual security terror or rupture. Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any recompense arising from or as a result of any Downtime including, for exercise, if a Player is unable to withdraw Unutilized Funds through OLG.ca or if Bonus Funds exhale during the period of any Downtime .
16 BREACH OF THIS AGREEMENT BY A PLAYER
16.1 NOT A MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement or otherwise breaches this Agreement, except in the case of a material breach of this Agreement ( actual or deemed ), OLG will use fair efforts to notify the Prospective Player or the Player of the rupture and, if such breach is of a nature that can be remedied, provide a fair menstruation of time ( as determined by OLG ) during which the Prospective Player or Player may remedy the breach. If the breach is not remedied to the satisfaction of OLG, then the gap shall be deemed to be a material transgress of this Agreement .
16.2 MATERIAL BREACH
If a Prospective Player or a Player fails to comply with any term or condition of this Agreement and such rupture is or is deemed by OLG to be a material breach for purposes of this Agreement, then in addition to the other rights and remedies of OLG specified in this Agreement, OLG may exercise any or all of the succeed remedies as OLG, in its sole delicacy, determines to be appropriate in the circumstances, in each case without the necessity for prior telling to the Prospective Player or the Player or any remedial period :
- Suspend the Player Account until such time as the breach is remedied to OLG’s satisfaction;
- request that the Player contact Player Support to explain the circumstances of the breach, or to provide such information and documentation relating thereto as OLG may request;
- Deactivate the Player Account and exclude the Player from playing Games on OLG.ca;
- notify any third parties which OLG, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties (for example, police services, the AGCO, OLG’s payment processors and credit card issuers and brands); or
- retain any or all of a Player’s Unutilized Funds to the extent necessary to compensate OLG for its actual and/or potential losses and liabilities resulting from such breach.
16.3 DISPUTES
Except a otherwise provided in the Lottery Game Rules or the Pay-to-Play Game Rules, no claim or dispute by a Player with regard to any bet, bet or purchase of a Game, including the result of such Game, will be considered by OLG ( iodine ) in the shell of a Draw-Based Lottery Game Played Online, more than 12 months following the date on which the Game is completed, and ( two ) in the case of a Pay-to-Play Game, more than 30 days following the date on which the Game is completed .
OLG ‘s records, as maintained in the iGaming System ( and/or OLG ‘s cardinal computer-controlled on-line system, in the case of a Draw-Based Lottery Game Played Online ), will be the final authority in determining the circumstances of a Player ‘s engagement in the relevant Game and the results of such participation. In the event of a disagreement between the leave that appears on a Player ‘s screen and the relevant Game servers ( and/or OLG ‘s central computer-controlled on-line system, in the font of a Draw-Based Lottery Game Played Online ), the result that appears in the Game servers ( and/or OLG ‘s central computer-controlled on-line system, in the case of a Draw-Based Lottery Game Played Online ) will prevail .
A Prospective Player or a Player who wishes to make a complaint about OLG or any view of OLG.ca may do indeed by contacting Player Support or otherwise contacting OLG in accord with Section 18.1. A prospective Player or a Player may besides contact the AGCO ( OLG ‘s regulator ) using the contact information in section 18.2 .
17 LIMITATIONS OF LIABILITY
17.1 OLG’S LIABILITY
Except american samoa differently provided in the applicable Lottery Game Rules or Pay-to-Play Game Rules, OLG’s ( including, but not circumscribed to the extent applicable, OLG ‘s, OLG ’ randomness service providers, subcontractors, employees, agents, and assigns ) maximum liability, national always to Section 17.2, to a Prospective Player or a Player under this Agreement or otherwise in respect of the access or use of OLG.ca shall not exceed the lowest of :
- the dollar amount value of the bets, wagers, purchases or tips actually made by a Player via their Player Account in respect of the relevant bet, wager, purchase, tip or Game that gave rise to the relevant alleged liability;
- the amount of applicable monies, where such monies have been improperly directed by OLG or misplaced by OLG; or
- an aggregate of $1,000 in respect of all other liabilities, including for liabilities resulting from or as a result of any negligent act or omission of or by OLG or any of OLG’s service providers, or anyone acting on behalf of OLG or any of OLG’s service providers.
17.2 EXCLUSIONS FROM OLG’S LIABILITY
Notwithstanding anything to the contrary contained in this Agreement, OLG shall not be liable for any loss or damage suffered by any person as a consequence of :
- the operation of OLG.ca, the iGaming System (and/or OLG’s central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online);
- the failure of OLG.ca, the iGaming System (and/or OLG’s central computer-controlled online system, in the case of a Draw-Based Lottery Game Played Online) to operate properly or at all;
- the participation by any person in, or any failure, negligence or wrongdoing by OLG or any of OLG’s service providers in respect of, any responsible gambling program operated by OLG or any of OLG’s service providers, including: (i) the self-exclusion program or player breaks; (ii) PlaySmart.ca; (iii) deposit limits; (iv) financial limits and budgets; (v) playing time reminders; (vi) self-assessment tools or risk profiles;
- the failure of OLG or any of OLG’s service providers to: (i) process or record a purchase; (ii) process, receive or record a payment for a ticket; (iii) display an accurate purchase confirmation in such person’s player account; or (iv) otherwise complete a transaction (including, without limitation, a Future Game Transaction); or
- any wager or tip erroneously or unintentionally made by a Player.
For greater certainty, a Prospective Player or a Player shall not have the mighty to claim damages under or in association with OLG.ca or this agreement or for transgress of this Agreement by OLG, in tort, in sign or on any basis any to the extent that any passing claimed by the Prospective Player or the Player is :
- for punitive, exemplary or aggravated damages;
- for loss of profits, loss of chance, loss of use, loss of production, loss of business or loss of business opportunity, including (but not limited to) loss of data, profits, revenue, goodwill, reputation or business interruption;
- a claim for consequential loss or for indirect loss of any nature suffered or allegedly suffered by the Prospective Player or the Player; or
- not reasonably foreseeable by OLG arising out of this Agreement or the use of OLG.ca.
OLG.ca will be operated with reasonable skill and care well as described in this Agreement .
OLG does not make any other predict, representation or guarantee regarding OLG.ca or any of the Games or other products or services that are made available on or through OLG.ca, and except as specifically included in this Agreement, OLG hereby disclaims all warranties regarding the predate, whether express, implied or statutory, including all imply warranties in obedience of the same .
prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in deference of, any statement, representation, guarantee or understand of any person, early than those of OLG which are included in ( or expressly incorporated by reference point into ) this Agreement .
18 CONTACTS
18.1 CONTACTING OLG
A Prospective Player or a Player may contact OLG’s Player Support at any meter as follows :
- by using real-time chat, available through OLG.ca;
- by e-mail, at playersupport@OLG.ca. OLG will endeavour to respond to e-mails within one Business Day. If the e-mail address from which OLG receives a message does not correspond to the e-mail address that is included in the Player Contact Information that is associated with your Player Account, OLG will not provide any information relating to your Player Account when responding to your e-mail. In such circumstances, you may be requested or required to contact OLG by using real-time chat or by telephone; or
- by telephone, 1 (855) 978 7529
18.2 CONTACTING AGCO
OLG is regulated by the AGCO. A Prospective Player or a Player may contact the AGCO regarding any expression of OLG.ca as follows :
Alcohol and Gaming Commission of Ontario
90 Sheppard Avenue East, Suite 200
Toronto, Ontario M2N 0A4
Tel : 1 ( 416 ) 326 8700 or 1 ( 800 ) 522 2876 ( price barren in Ontario )
18.3 CONTACTING A PLAYER
OLG, or anyone acting on behalf of OLG, shall be entitled to contact a Player with deference to any matter contemplated in this agreement by using any of the Player Contact Details ( including by way of e-mail or call ). OLG ‘s other communications with a Player or a prospective Player will be discipline to the terms and conditions of the OLG Internet Gaming Privacy and Cookie Policy .
19 GENERAL PROVISIONS
19.1 FOR PURPOSES OF THIS AGREEMENT, UNLESS OTHERWISE STATED:
- “day” means a day of the week commencing at 12:00:00 AM and ending at 11:59:59 PM;
- “week” means the seven-day period commencing on Monday at 12:00:00 AM and ending on Sunday at 11:59:59 P.M.;
- “month” means a calendar month;
- all times are expressed in Eastern Time;
- all monetary amounts are references to lawful currency of Canada (i.e., Canadian dollars); and
- “including” is deemed to mean “including without limitation” and shall not be deemed limited by the specific enumeration of items;
- words importing the singular shall include the plural and vice versa and words importing one gender shall include all genders unless context otherwise requires;
19.2 EACH PROVISION OF THIS AGREEMENT SHALL BE VALID AND ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS AGREEMENT IS DECLARED INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION MAY BE SEVERED AND SUCH INVALIDITY, UNENFORCEABILITY OR ILLEGALITY SHALL NOT PREJUDICE OR AFFECT THE VALIDITY, ENFORCEABILITY AND LEGALITY OF THE REMAINING PROVISIONS OF THIS AGREEMENT.
POLICY EFFECTIVE DATE : March 22, 2022