United Interactive Ltd
These terms of service (“Agreement”) are an agreement between you (“you” or “your”) and United Interactive Ltd., doing business as Bet United (“BU”). This Agreement governs BU’s operation and offering of, and your access to and use of, UI’s online casino and internet gaming products and services, whether accessed online via a computer or mobile device, or via a mobile application (collectively, the “Site”).
By checking the “accept” box, you confirm that you understand and agree to be bound by the terms and conditions of this Agreement. Your access to and use of the Site is conditioned upon your acceptance of and compliance with this Agreement and all applicable laws, regulations, and standards. This Agreement constitutes a legal contract between you and BU and contains important limitations on representations, warranties, conditions, remedies, and liabilities that are applicable to the Site. By submitting Your electronic signature, you acknowledge and agree that your electronic signature has the same legal effect and validity as a handwritten signature and is intended to serve as your authentic and binding signature on this document.
THESE AGREEMENTS CONTAIN AN ARBITRATION PROVISION REQUIRING THE PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT, AND EXCEPT FOR CLAIMS ELIGIBLE FOR RESOLUTION IN SMALL CLAIMS COURT. BY ACCEPTING THESE AGREEMENTS, YOU AFFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL PROVISIONS OF THE AGREEMENTS, INCLUDING THE ARBITRATION PROVISION IN SECTION 23.
If you do not agree with any of the terms and conditions of this Agreement you are not permitted to use the Site, including registering for an account or logging into an existing account for the Site.
BU reserves the right to modify, revise, update or amend this Agreement, in whole or in part, at any time, in its sole discretion, without incurring any liability or obligation whatsoever to you or any other person or entity. These Terms of Service are subject to change. By using the services of the Site, you are acknowledging and agreeing to be bound by the revised terms and conditions from and after the effective date of such revisions. If you do not agree with the revised terms of this Agreement, you must deactivate your Account or discontinue your use of the Site.
BU reserves the right at any time and from time to time to suspend, modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, including if required by applicable law. Except as otherwise expressly stated in these Terms, you agree that BU and its affiliated parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
All transactions are subject to verification. BU may temporarily hold any winnings while game play results, transitions, or jackpot validity are verified.
In this Agreement, the following terms, in addition to the terms defined elsewhere in this Agreement, have the following meanings:
This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:
Except as otherwise stated herein, in the event of any conflict or inconsistency between any provision of this Agreement and any of such other terms, conditions, policies, statements and explanations, the terms of this Agreement shall take precedence, and then the order of precedence shall in the order set out above, from (a) to (f).
In order to participate in games, betting, wagering, and promotions offered through the Site, you must satisfy the following eligibility criteria, as determined by BU in its sole discretion:
You are only eligible to register an Account if you satisfy the foregoing criteria and you are only permitted to log on and use the Site if you have a valid Account.
In accordance with this Section, to participate in games, betting, wagering and promotions offered through the Site, you must be physically located in Ontario, Canada at all times while participating in such activities. You agree that you will not attempt to participate in such wagering activities or otherwise use the Site while physically located outside of Ontario and acknowledge that any such attempt could result in enforcement actions against you. BU, its third-party service providers, and applicable federal or provincial regulators, including AGCO and iGaming Ontario, may utilize tracking technologies to verify and record your physical location when you are participating or attempting to participate in games, betting, wagering and promotions through the Site (“Geolocation Technologies”). These Geolocation Technologies will report the physical location of the device you are using to access the Site.
By registering for an Account and/or using the Site, you consent to the above-described use of Geolocation Technologies and to the storage of records confirming your location within Ontario, to the extent required by applicable laws and regulations.
BU may permanently close, suspend or deactivate your Account if you use any third party or other mechanisms in order to bypass the Geolocation Technologies and/or the geolocation requirements set out herein.
When you register for an Account, BU will require you to provide certain personal information including, at a minimum, your name, date of birth, mailing address, email address, and any other information which may be required by the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and the regulations under it (collectively, “Account Information”). When you wish to fund your Account to participate in betting and wagering games offered through the Site, you will be required to provide your financial account and deposit information, along with withdrawal method details. Such financial information, once provided, shall also be considered “Account Information”.
You hereby consent to BU and its third-party service providers collecting such Account Information and to such Account Information being used, stored, retained, and disclosed outside of the Province of Ontario and Canada.
During the Account registration process, you must affirm that the Account Information that you submit to BU is true, accurate and complete at the time it is provided and acknowledge that it must remain true, accurate and complete at all times following the registration of your Account. If any of your Account Information changes following the registration of your Account, you are solely responsible to ensure that you remain eligible for an Account pursuant to the terms of this Agreement and shall, if necessary, update the information in your Account so that it remains true, accurate and complete.
Your failure to update your Account Information in a timely manner will constitute a material breach of this Agreement. Following the registration of an Account, if BU discovers that any of the Account Information associated with your Account is not true or is no longer accurate or complete, BU may take all steps in relation to you and your Account that it determines to be appropriate, including permanently closing, suspending or deactivating your Account and/or disclosing all relevant information to the appropriate law enforcement authorities and other third parties that BU determines to be appropriate.
Funding methods associated with a player’s account that are not registered in the player’s name are prohibited and may cause suspension or closure of the account. The payment method information must match the account. Financial instrument sharing is prohibited.
All of your Account Information that is provided to or collected by BU through your use of the Site shall only be used by BU in connection with the Site and may be shared with AGCO and/or iGaming Ontario, as well as other third parties. Such Account Information is also subject to the terms of the Privacy Policy and may be used by BU in accordance therewith. By using the Site, you acknowledge that you have read and agree to be bound by the terms of the Privacy Policy.
Notwithstanding any provision of this Agreement to the contrary, if you participate in a Promotion (as defined in Section 8) and accept any prize related thereto, BU may publish your screen name, town/city, the prize amount, game name, and pay date on the Site.
Apple®'s App Tracking Transparency (ATT) framework requires iOS apps to ask for your permission before tracking your activity across other companies' apps and websites. When an app wants to access your device's advertising identifier (IDFA) for targeted ads, it must show an official pop-up prompt giving you the option to "Allow" or "Ask App Not to Track".
We shall comply with Apple®’s requirements and may use one of the following methods if you are using our app on an Apple® device:
During registration, BU may disclose your registration information to third parties for the purposes of authenticating some or all of the registration information that has been provided to BU and to otherwise confirm that you have satisfied the eligibility criteria.
In addition to the other disclosure rights set out herein, BU may, from time to time, disclose your Account Information to third parties in accordance with the terms of, and for the purposes set out in, the Privacy Policy.
At any time during the registration process or thereafter, BU may require you to provide additional information and documentation if BU, in its sole discretion, determines that such additional information or documentation is: (a) required to comply with applicable laws or regulatory requirements, including AGCO Standards and/or anti-money laundering rules and regulations; (b) considered necessary or advisable by BU to prevent suspected or actual fraud or other illegal activity; (c) required to address a suspected or actual breach of the terms of this Agreement; and/or (d) required to confirm your identity, age or entitlement to receive or withdraw Funds. Without limiting the generality of the foregoing, you will be required to provide BU with such information and documentation as BU may request or require in order to comply with its FINTRAC reporting obligations. By providing such additional information or documentation to BU, you will be deemed to represent and warrant to BU that such information is true, accurate and complete.
BU may, in its sole discretion and without liability, refuse to grant you an Account, close, suspend your Account, deactivate your Account, and/or prohibit you from using the Site if such additional information or documentation is not provided, if BU is not satisfied for any reason with such information or documentation, or if BU suspects that you are in breach of any of the eligibility requirements. In the event BU closes or deactivates your Account under this provision, without regard to a breach of this Agreement by you, BU will follow the steps set out in Section 16 with respect to any Unutilized Funds in your Account.
When registering for an Account, you will be required to create a Username and Password, which will be required each time you enter the Site. You should select a strong, unique password, which is less likely to be guessed or discovered by others. Following the registration of an Account, you are solely responsible for maintaining the security and secrecy of your Username and Password, including related security or verification questions and answers. You will also be required to select a screen name, which will be viewable by the general public. Your screen name, by default, will be the content of the email address associated with your Account preceding the ‘@’ symbol, or you may choose to use a different screen name, which must comply with the terms of this Agreement. BU reserves the right to change your screen name at any time and for any reason in its sole discretion, and BU will notify you of any such change via email.
During registration, you will be required to set up “multi-level authentication” for your Account. With multi-level authentication, each time you log into your Account, you will receive an email message from BU containing a temporary PIN number. You must then enter that PIN during Account login in order to access your Account. You are responsible for safeguarding credentials and must promptly report suspected unauthorized access.
You may reset your password at any time by clicking on the “forgot password” link available through the Site, after which BU will send a One Time Password code via contact information set out in your Account Information. By clicking on the password reset link and following the instructions provided, you will be able to select a new password. BU will confirm each successful password reset via email to the email address set out in the Account Information.
After three (3) consecutive incorrect Account login attempts, your Account will be locked until you either reset your password or wait the mandatory time frame for automatic unlocking of your account. You may bypass the lockdown period by resetting your password as specified above.
You are responsible for all usage and activity on your Account, including all financial transactions, postings and comments through the Site, with or without your authorization. Any unauthorized use of your Account, including your Username and Password details, shall be your sole responsibility and will be deemed as your activity. To the fullest extent permitted by applicable law, BU shall not be liable for any loss or damage that you may incur, or which may result from such use of or activity on your Account and BU accepts no liability resulting from same, whether fraudulent or otherwise.
If you intentionally or unintentionally disclose your Username and Password to anyone else, if you suspect your Account has been compromised, or if you suspect that someone else might have discovered your Username and Password (whether or not such other person has used or attempted to use your Username and Password), you must immediately change your password on the Site and notify Customer Support regarding the compromise or possible compromise of the original Username and Password.
You can access the details of your Account through the Site by going to the “My Account” / “Profile” page, including, for example, to see the following information:
If you discover any inaccuracy or error in the information that is contained in your Account, or if you suspect that such an inaccuracy or error may exist, regardless of who is responsible for the inaccuracy or error, you are required to immediately contact Customer Support.
The Site is a gaming website meant for personal entertainment. You may only use your Account for these purposes. You must not sell or otherwise transfer, or attempt to sell or otherwise transfer, the benefit of your Account to any third party, or acquire, or attempt to acquire, an Account which has been opened in the name of a third party. In addition, you are not permitted to use the Site or any component thereof, including your Account, or any content included on the Site for any business, commercial or public purpose, or for any other purpose that BU advises from time to time is not permitted. Without limiting the generality of the foregoing, you may not, through chat or otherwise: (a) display, provide or transmit any content that is deemed by BU to be inappropriate (including by use of a nickname); (b) display, provide or transmit any content that is contrary to Section 12 or Section 18; or (c) threaten, bully, or otherwise harass any other user.
BU may take all steps in relation to you or your Account that it determines, in its sole discretion, to be appropriate in respect of any hateful, discriminatory, sexist, violent, offensive or other inappropriate content. Without limiting the generality of the foregoing or any other rights of BU set out herein, BU may, in its sole discretion, require that a screen name be changed, remove any content that BU deems to be non-compliant with the foregoing and/or close, suspend or deactivate your Account.
Your Account is not your property and cannot be assigned or transferred to or shared with any other person by you for any purpose.
You are responsible for any taxes that may apply to any prizes or rewards collected from your participation.
In the event BU encounters issues with a game, we reserve the right to correct any such errors.
You may choose to close your Account at any time. If you are no longer eligible to have an Account, pursuant to the terms of this Agreement, you are required to immediately close your Account. Upon deletion of your Account, your Account will no longer be accessible until such time as you contact Customer Support to request a re-opening of your Account, follow the steps required by BU for such re-opening, and such re-opening is approved by BU.
In order to place bets and wagers on games, events or other interactions through the Site, you are required to have a positive balance of funds deposited and cleared in your Account. BU will not extend credit or lend money to you. The minimum Account deposit is displayed through the “Deposits” page available through the Site. Only bets and wagers placed by you from your Account will be valid and any winnings resulting from such bets and wagers will be loaded to your Account.
If your Account does not have sufficient funds for a game or event at the time that the bet or wager is to be made, then the bet or wager will not be made and your entry into the game or event will be rejected. BU does not undertake any obligation or responsibility for notifying you if you may have insufficient funds available to play a particular game or bet on a particular event prior to rejecting the relevant transaction (provided that the foregoing will not restrict BU’s ability to so notify you).
You can only use a deposit and payment method that has been approved by AGCO and/or iGaming Ontario, which must be held in your name and registered to the address provided at the time of Account registration. Cryptocurrency shall not be accepted. All deposits that you make with BU shall be managed and administered by BU or its third-party payment processors.
For the avoidance of doubt, your Account is not a bank account and, therefore, is not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system. Funds deposited with BU for purposes of funding the notional balance of your Account, and winnings that are credited to your Account, will not accrue interest for your benefit and you shall not be entitled to claim any interest from BU in respect of any such funds.
In the event that BU is owed any amount by you under or in accordance with the terms of this Agreement, BU shall have the right to deduct such amounts from your Unutilized Funds and to adjust the notional balance of Unutilized Funds in your Account accordingly, without the requirement for any advance or further notice to be provided to you by BU.
A “Chargeback” occurs for the purposes of this Agreement when a credit or debit cardholder contacts the bank or other financial institution that issued the card to initiate a refund for a payment transaction that was made using the card or the account associated with the card, and the bank or financial institution requests that BU return the relevant funds.
If you fund the notional balance of your Account and thereafter a Chargeback occurs in respect of all or part of the deposit transaction, BU or any of its third-party service providers, may take any or all of the following actions, in each case as BU, in its sole discretion, determines to be appropriate:
In addition to any deposit limits that you may establish pursuant to this Section, BU may, in its sole discretion, restrict your ability to fund the notional balance of your Account, including by:
Subject to the deposit limits set by BU pursuant to this Section, you have the option to set gaming limits on your Account, both upon registration and at any time after registration, including:
If you set simultaneous limit periods, the more restrictive limit period shall apply. Time based limits accrue as follows: daily limits accrue up to midnight each day; weekly limits accrue up to Sunday at midnight of each week; and monthly limits accrue up to the last day of each month at midnight.
Where you have previously established a gaming limit, a request by you to relax or eliminate that limit may be implemented by BU after a cooling-off period of twenty-four (24) hours (the “Cool-Off Period”).
You have the option to participate in BU’s voluntary and confidential self-exclusion program to exclude yourself for longer periods of time or permanently. More information on BU’s self-exclusion program is available in the Responsible Gambling and Self-Exclusion Policy.
iGaming Ontario provides a voluntary centralized self-exclusion tool (“BetGuard”) that allows individuals to self-exclude centrally from all regulated igaming sites in Ontario. Participation requires creating an account and registering on the BetGuard website. BetGuard is governed solely by iGaming Ontario’s terms and conditions. BU’s terms and conditions apply only to BU’s own self-exclusion program and do not govern BetGuard. You are responsible for following the BetGuard terms and conditions for your centralized self-exclusion under BetGuard and BU’s terms and conditions for BU’s self-exclusion program. Registering with BetGuard does not modify or cancel any self-exclusion you have with BU, and registering with BU’s self-exclusion does not modify or cancel your enrollment with BetGuard. In particular, your choice of self-exclusion term in BU’s self-exclusion program may not match your BetGuard centralized self-exclusion term. If you are registered in both BetGuard and BU’s self-exclusion program, the expiration or ending of a term ending for one self-exclusion program does not modify or cancel the term of the other program. If there is any conflict between iGaming Ontario’s terms and conditions and BU’s terms and conditions regarding BetGuard, iGaming Ontario’s terms and conditions prevail. iGaming Ontario also has final authority over any iGaming Ontario-Operator, player disputes, or both related to BetGuard. For further information please review the BetGuard terms and conditions at https://www.betguard.ca/gp/en/terms-and-conditions/.
You may only place bets and wagers through your Account. BU does not accept bets or wagers in any other form or by any other means. Bets and wagers will only be validly made and accepted by BU if they are accepted by the BU server and made in accordance with both this Agreement and the rules applicable to the individual game or event. Until the BU server accepts a valid bet or wager made by you, all communications from you, and all information displayed through the Site, will be non-binding.
It is your responsibility to ensure the details of your bets and wagers are correct. Once you have placed a bet or wager, you cannot cancel or modify it.
You hereby consent to the monitoring and recording by BU, its third-party service providers, and AGCO or any other applicable regulatory authorities of all betting and wagering communications you make through the Site.
BU reserves the right to refuse any bet or wager, in whole or in part, in its sole discretion, including as may be required pursuant to AGCO Standards. In circumstances where a bet or wager is deemed to be or is declared void by BU, any sum deducted from your Account in relation to that bet or wager shall be re-credited to your Account. Should BU extend a customer service courtesy for your benefit, it shall only be for that one instance and shall not set a precedent for the future.
Notwithstanding Section 13, BU may void any bet or wager you make if the bet or wager remains undecided or unresolved (e.g., in incomplete games) for whatever reason, including server failure, server restart, loss of communication between you and the server, or your computer’s failure, and is incapable of being resolved and completed through replay options or other means. BU may void such bet or wager, without notice after the original bet/wager placement date.
All prize results are subject to verification. Accordingly, prize amounts may not be immediately credited to a player’s account pending verification.
Notwithstanding any other provision of this Agreement, if you have engaged in any of the following prohibited activities, you shall not be eligible to receive any winnings from a bet or wager placed by you through your Account:
You may only make a withdrawal from your own Account. In order for you to make a withdrawal from your Account, all appropriate verifications and authorizations must be complete, and your Account must have Unutilized Funds.
Withdrawal payments will first be credited to the various sources of funding used to deposit Unutilized Funds into your Account, to the extent possible, in an amount equal to the value of such deposits, and any remaining balance will then be paid to you by cheque, sent to the address set out in the Account Information, or by such other payment method as may be made available by BU from time to time. For clarity, sources of funding will be credited in the order in which they were used by you to deposit Unutilized Funds into your Account, beginning with the oldest deposit that has not yet had a withdrawal payment credited against it. BU may restrict withdrawal payments into newly provided sources of funding, in the interest of player security, until proper verification at BU’s discretion.
Notwithstanding the foregoing, it is your responsibility to submit the correct details for withdrawal payments. BU shall not be liable or responsible for reissuing any withdrawal payments made as a result of incorrect details being provided by you or a third-party payment vendor on your behalf.
Subject to the terms and conditions of this Agreement, you may withdraw Unutilized Funds from your Account up to the then-current balance of Unutilized Funds. The minimum withdrawal amount will be either $20.00 or the balance of your Unutilized Funds, whichever is lower.
You will not be entitled to withdraw Unutilized Funds from your Account at any time that:
If, at the time you attempt to withdraw Unutilized Funds, you have any deposits that are pending receipt of confirmation of funds (e.g., deposits by cheque, wire transfer or other deposit methods), BU reserves the right, in its sole discretion, to delay any withdrawal payment until such deposited funds have been confirmed.
If you have an active wagering bonus at the time of submitting a withdrawal request, any and all incomplete or pending game rounds in your Account, as well as your current active wagering bonus, will be voided.
BU may, in its sole discretion, refuse a withdrawal request if it suspects such withdrawal is made in breach of this Agreement. BU will make reasonable efforts to promptly notify you of such refusal via the Account Information associated with your Account.
If you fail to provide BU with, or fail to verify the authenticity of, any information requested pursuant to Section 7, BU reserves the right, in its sole discretion, to deny a withdrawal request.
You may cancel a withdrawal request made by you through your Account. Provided such cancellation has not been processed by BU, the relevant funds will be returned to the Unutilized Funds in your Account.
Following a request from you to withdraw Unutilized Funds from your Account and the satisfaction of all other terms and conditions for a withdrawal, BU will, in most cases, be able to process the withdrawal within 7 to 10 business days; however, a longer period of time for processing a withdrawal may be required. BU will not be required to notify you of any delay associated with the processing of a withdrawal of Unutilized Funds or the reason for such delay unless additional information or documentation is required to be provided by you.
From time to time, BU may, in its sole discretion, whether for promotional purposes or otherwise, offer to deposit Bonus Cash into your Account, subject to the terms of service for the Bonus Cash. Bonus Cash has a notional monetary value only, so it is not considered Unutilized Funds at the time it is awarded. You are not entitled to receive Bonus Cash unless BU, in its sole discretion, determines that Bonus Cash should be offered to you. You are not obligated to accept Bonus Cash and can forfeit Bonus Cash at any time by canceling your participation in the promotion, allowing the Bonus Cash to expire or contacting Customer Support. If you cancel your participation in a promotion or withdraw funds before completion of active promotion wagering requirements, any Bonus Cash and associated winnings shall be forfeited. From time to time, BU may, in its sole discretion, whether for promotional purposes or otherwise, offer you the opportunity to earn Reward Coins. Reward Coins are subject to the Loyalty Program Terms, in addition to the terms of any applicable Reward Coins Promotion (as defined below).
BU will have the right to determine the qualification criteria for all promotions and awarding of Bonus Cash and/or Reward Coins (each, a “Promotion”). The criteria will be specified in the terms and conditions that BU determines are applicable to any specific Promotion, and any use of Bonus Cash or Reward Coins, as applicable, related to such Promotion must comply with such terms and conditions. With respect to Bonus Cash, in the event of any inconsistency between the terms and conditions of a Promotion and the terms and conditions of this Agreement, the terms and conditions of the Promotion shall govern to the extent of the inconsistency. In the event of any inconsistency between the terms and conditions of a Promotion, the Loyalty Program Terms and the terms and conditions of this Agreement, the following order of precedence shall apply to the extent of the inconsistency: (a) the terms and conditions of the applicable Promotion; (b) the Loyalty Program Terms; and then (c) the terms and conditions of this Agreement.
Unless otherwise stated in the Promotion terms and conditions:
When you receive an offer from BU for Bonus Cash, you may, subject to certain play requirements, “activate” the Bonus Cash. If the Bonus Cash is activated, it can immediately be used to make a bet or wager. If you choose, or are required pursuant to certain Promotion requirements, to use the Bonus Cash later, it will be available as a bonus balance in your Account until the Bonus Cash expiration date. You may only activate the Bonus Cash from one Promotion at a time. You may not activate Bonus Cash from an additional Promotion until you have met the play-through and other requirements for any activated Bonus Cash, or until such activated Bonus Cash has expired.
At any time and without notice, BU reserves the right to terminate or change the terms of any Promotion and/or cancel any Bonus Cash that has been uploaded to your Account.
BU may, from time to time, in its sole discretion, provide eligible players with Bonus Cash, in such amounts as may be determined by BU, in its sole discretion (each, a “Customer Support Bonus”). The use of a Customer Support Bonus shall be subject to the terms of this Policy and any Promotion Specific Terms posted by BU. For clarity, each Customer Support Bonus shall be considered a “Promotion” for the purposes of this Policy.
Certain features of the Site, including “play-for-fun” versions of certain wagering games, will have demo versions available for play, which are accessible by clicking the demo link at the end of the game description on the Site.
Any credits or virtual money won, lost, or initially credited through a demo or other “play-for-fun” version of a game will have no value and will not be recorded in your Account, including in any of your balances or transactions. Demo mode is strictly to provide you with a free look at a game without the risk or reward of real money.
The rules for each of the wagering games on the Site will be available to you through the Site at all times before and during game play. It is your responsibility to read and understand the rules of each game before you play, and you must agree to abide by all such rules.
BU reserves the right, in its sole discretion and in collaboration with its third party vendors as applicable, to make changes to the payout rates and pay tables applicable to the games available through the Site. The pay table for each slot game may be viewed by clicking on the “Help” or “Pays” button on the button panel for each slot game. The pay tables for the non-slot games (e.g., table, card) may be viewed by clicking on any button that reads “Pay Table.” If no “Pay Table” button is viewable from the game, then you should click the “Help” button for such information. You are responsible to note the payout rate and pay tables applicable to each game in each session prior to placing a wager.
For games requiring random number generation and available through the Site, compliant random number generators maintained by BU and/or its third-party service providers will determine the outcomes.
In the event of a discrepancy between the results displayed on your computer and the game records on BU’s server, BU’s records shall be regarded as definitive.
You are solely responsible for supplying and maintaining all equipment, technology and services that may be required to access and use the Site. The performance or operation of the Site may be affected by your computer equipment, mobile device, Internet connection or other factors that are outside of BU’s or its service providers’ control. In some cases, you may not be able to access or use some or all of the components or functionality of the Site as a result of deficiencies in your equipment, technology or the service providers retained by you.
BU makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of the Site, or any component thereof, on any computer or other device used by you to access the Site.
You may be required to download or otherwise acquire additional plug-in software and/or third-party services to access and use the Site. You are solely responsible for any agreements and charges which may be related to such additional plug-in software and/or third-party services and should familiarize yourself with any applicable terms and conditions that govern such software and/or services prior to accessing, using or downloading them to access the Site. To the fullest extent permitted by applicable law, BU shall not be liable for any loss or damage that you may incur, or which may result from the access, use or download of such plug-in software and/or third-party services and BU accepts no liability resulting from same.
Provided you have an active account and are in compliance with these Terms, you have the non-exclusive, non-transfer right to access and use the services for your personal, non-commercial use. You may not use the services for any commercial purposes without our written permission.
In addition, BU may offer one or more mobile applications (each an “App”) for use in connection with the services. Provided you are in compliance with these Terms, we grant to you a non-exclusive, non-transferable personal license to download the App onto a single mobile device and to access and use the services solely for purposes of playing games and using the services in accordance with these Terms. If you download the App from a third-party mobile app store (“App Store”), you agree to abide by the terms and conditions of the App Store and agree that the App Store shall have no liability for the App or your use of the services.
BU may review or restrict an account or accounts where devices, accounts, or identifying information appear linked to other users or more than one account. You are prohibited from using tools or techniques intended to falsify, obscure or manipulate the player’s physical location.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services or Apps except as expressly permitted by BU; (iii) decompile, reverse engineer or disassemble the Services or the Apps except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services; (vi) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks; or (vii) conduct third party activities which may include opening an account or conducting a transaction for a third party.
Apple® is a registered trademark of Apple Inc., and Google® is a registered trademark of Google LLC. Neither Apple Inc. nor Google LLC are participants in, sponsors of, or otherwise affiliated with BU or its Site.
In order to access or use certain components of the Site, it may be necessary for you to download third party software (e.g., certain casino games may require an up-to-date web browser). Certain third-party product providers may require you to accept and agree to additional terms and conditions governing the use of their products. It is your sole responsibility to determine whether you accept and agree to any such third-party terms and conditions, and if you do not accept and agree to them, such third-party products should not be used. To the fullest extent permitted by applicable law, BU shall not be liable for any loss or damage that you may incur, or which may result from the access, use or download of such third-party software and BU accepts no liability resulting from the same.
The access or use of the Site, other than in accordance with the terms and conditions of this Agreement is strictly prohibited. You agree not to interfere, interrupt, attempt to interrupt, or attempt to manipulate the operations of the Site or the normal play of any of the games in any manner whatsoever. In particular, you agree not to use or attempt to use any artificial intelligence or player assistance software, and instead, will always play personally via the interfaces provided only by BU.
You represent and warrant to BU that you shall not:
BU assumes no responsibility for monitoring the Site for inappropriate submissions or conduct but reserves the right to do so. If at any time BU chooses, in its sole discretion, to monitor the Site, BU nonetheless assumes no responsibility for any Player Content.
BU is unable to provide you with any legal advice and that it is your sole responsibility to always ensure that you comply with the laws that govern you and that you have the legal right to use BU’s services. You acknowledge that underage gambling is illegal. Any use of BU’s services is at your sole option, discretion and risk. By using BU’s services, you acknowledge that you do not find the services to be offensive, objectionable, unfair, or indecent in any way. BU may maintain your acknowledgement of BU’s terms of service, Privacy Policy and any other actions by you associated with BU’s site(s), including date-and-time interactions.
You are prohibited from engaging in, and are required to immediately notify BU upon becoming aware that another user is or may be engaging in, any form of collusion, cheating, fraud or criminal activity or otherwise exploiting an unfair advantage involving any game or other component of the Site, including in connection with the registration of an Account, the deposit of funds with BU to the credit of the notional balance of an Account, making a bet or wager of a game or event, or the withdrawal of Unutilized Funds. BU shall have the right to immediately deactivate or close your Account if you have cheated, colluded or acted unfairly towards another user. In addition, BU shall have the right to notify all third parties which it, in its sole discretion, determines to be appropriate in the event of any actual or suspected collusion, cheating, fraud or criminal activity by any user (including you) or the taking of any unfair advantage by any user (including you), including the appropriate law enforcement authorities and other third parties that BU determines to be appropriate.
FOR ALL GAMES ON THE SITE, AN ERROR WILL VOID ALL PAYS AND PLAYS. An error occurs whenever a hardware, software or other error interferes with the proper and normal game play, payout or result of a wager (e.g., a game attempts to pay out amounts that are incorrect or inconsistent with the rules of the games, the maximum payout amounts, and the associated pay tables) (each, an “Error”).
BU reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and BU’s decision shall be final and binding, subject to Section 21. If BU suspects that an Error has occurred, any payout to you may be delayed while such suspected Error is investigated by BU.
Neither BU nor any of its employees, agents or service providers shall be liable for any loss incurred by you that results from any Error, including any loss of winnings that result from a forfeiture thereof by you as a result of the Error. BU shall use reasonable efforts to notify you if any Error has adversely impacted you, or if the correction of any Error adversely impacts you.
In the event that BU credits your Account or pays any money to you (e.g., by processing a withdrawal) as a result of or in relation to an Error, you shall be deemed to hold the entirety of such credit or payment (“Error Funds”) in trust for BU. BU shall have the right to recover the Error Funds through a correcting entry to the extent that sufficient funds are available in your Account and, if sufficient funds are not available, through a demand for payment from you, which demand must be immediately satisfied to the extent of any deficiency, in accordance with BU’s reasonable instructions. Further, any subsequent bet or wager made by you may be deemed by BU to have been made using the Error Funds, in which case: (a) BU may cancel such bet or wager; (b) if any winnings in respect thereof have been credited to your Account or otherwise paid or delivered to you, you will be deemed to be holding the full amount of such winnings in trust for BU; and (c) upon BU making a demand for the return of such winnings, you will immediately return the winnings to BU, in accordance with BU’s reasonable instructions.
If you become disconnected from the BU servers and/or the Site at any time, and for any reason, during a game play session, the following provisions will apply:
It may be necessary for BU to suspend the Site, in whole or in part, from time to time, in order to carry out upgrades, repairs and maintenance. BU shall not be liable if the Site is unavailable at any period of time or for any reason. BU shall endeavor to give you prior notice of any such occurrences, but this may not always be reasonably practicable.
Your Account will become dormant if you do not submit a wager using Unutilized Funds or otherwise log in to your Account within the previous rolling twenty-four (24) month period. Following your Account becoming dormant, and subject to the withdrawal requirements in Section 7 and documentation requirements in Sections 3 and 4, BU will first, credit to the various sources of funding used to deposit any Unutilized Funds into your Account, to the extent possible, an amount equal to such deposits, and then pay any remaining balance of Unutilized Funds to you by cheque, sent to the address set out in the Account Information, or by such other payment method as may be made available by BU from time to time. Any cheque that is not deposited by you within ninety (90) days of its issue date will be deemed void and the balance of such cheque will be placed back into your Account and charged an inactivity fee of $3.00 per month until your Account balance reaches $0.00, or you contact Customer Support to reactivate your Account or request payment of such Unutilized Funds.
You may close your Account at any time by contacting Customer Support. If you are no longer eligible to have an Account, pursuant to the terms of this Agreement, you are required to immediately close your Account. Customer Support will verify your identity as the relevant Account holder and the reason you wish to close your Account. Once verified, it can take approximately forty-eight (48) hours for your Account to close based upon a voluntary request. A confirmation email will automatically be sent to you upon such closure at the email address set out in the Account Information.
Upon closure of your Account, your Account will no longer be accessible until such time as you contact Customer Support to request a re-opening of your Account, follow the steps required by BU for such re-opening, and such re-opening is approved by BU.
Subject to the withdrawal requirements in Section 7 and documentation requirements in Sections 3 and 4, if you close your Account and Unutilized Funds remain in your Account at that time, BU will first, credit to the various sources of funding used to deposit any Unutilized Funds into your Account, to the extent possible, an amount equal to such deposits, and then pay any remaining balance of Unutilized Funds to you by cheque, sent to the address set out in the Account Information, or by such other payment method as may be made available by BU from time to time.
BU reserves the right to deactivate, permanently close or suspend your Account at any time and for any reason, including at the request of AGCO or iGaming Ontario. BU may limit the disclosure of security or fraud related details where legally permitted or required. Without limiting the foregoing, if BU determines, in its sole discretion, that you are in breach of any of the terms in this Agreement, or otherwise believe that your use of the Site is fraudulent, illegal, or improper, including through financial fraud or wrongdoing (e.g., improper chargebacks or transactions with no clear legal purpose), use of multiple accounts, use of ‘bots’ or ‘robots’, use of abusive behavior to other users or BU employees, identity fraud, or any other improper use of your Account, BU may take any or all of the following actions:
If BU closes, suspends or deactivates your Account, you acknowledge that all information and content associated with your Account, including any Player Content, may no longer be available to you. To the fullest extent permitted by applicable law, BU’s decision in any matter relating to your Account and your use of the Site is final.
If BU closes or deactivates your Account, subject to any applicable laws, regulations, rules, or directions or orders of any governmental or regulatory authority, it will deposit an amount equal to the Unutilized Funds as at such date into the funding account that is associated with your Account (subject to the withdrawal requirements in Section 7 and documentation requirements in Sections 3 and 4). In the event that no valid funding account is associated with your Account, or if BU is not able to successfully deposit the Unutilized Funds in such account, BU will use its reasonable efforts to contact you using your Account Information. If BU is unable to contact you, then BU will hold the Unutilized Funds until BU receives proper instructions relating to the disposition of such funds from you or your legal representative.
Without limiting the foregoing, if your Account is closed or deactivated:
You acknowledge that BU may establish general retention practices and limits concerning use of the Site, including the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on the Site on your behalf. You agree that BU has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted through the Site. You further acknowledge that BU reserves the right to change these general retention practices and limits at any time, in its sole discretion, with or without notice.
Upon closure, suspension or deactivation of your Account, BU will retain records and information associated with your Account for at least as long as necessary to comply with all requirements of the Gaming Control Act, 1992, AGCO Standards, and any other applicable law or rule.
Where applicable through the public-facing features of the Site (e.g., on a message board, profile page, through refer-a-friend/share win features, via chat functionality, or via email or other correspondence to BU), you may be able to post your own content or information to the Site, including text, images, video, or audio data (“Player Content”).
All Player Content, whether publicly posted, including as part of your public profile, or transmitted to BU for posting, is your sole responsibility and is made available to BU on a non-proprietary and non-confidential basis. Any Player Content that you would like to keep confidential and/or do not want others to use should not be used as part of your screen name or profile page and should not be submitted for posting to public-facing portions of the Site. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST TO THE SERVICES.
To the fullest extent permitted by applicable law, under no circumstances will BU be liable to you or any third party for any Player Content, including for any errors or omissions in any Player Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Player Content posted, emailed or otherwise transmitted via the Site.
The transmitting, posting, or making available of Player Content through the Site does not indicate any approval or endorsement by BU of such Player Content. BU is not responsible for, and hereby disclaims any and all liability that may arise from Player Content or any act of accessing, browsing, contributing to, or otherwise using the Site.
You acknowledge and agree that BU may refuse, alter, edit, delete, or disclose any of your Player Content in whole or in part without cause and without notice for any legitimate purpose, including to address any Player Content that BU determines is inappropriate or disruptive to the Site or to any other user of the Site. BU has no obligation or duty to, and does not represent that it will, monitor, change, modify or remove any Player Content and has no responsibility for the conduct of any individual submitting any such Player Content.
Notwithstanding the foregoing, BU and its designees shall have the right to: (a) remove any Player Content at any time, without notice and for any reason, including Player Content that violates this Agreement or is otherwise objectionable, as determined in BU’s sole discretion; (b) review any Player Content or Account Information and investigate any claim related to such Player Content or Account Information; and/or (c) take appropriate action, in its sole discretion, against the person or entity at the origin of such Player Content that creates any liability for BU, such as removing, exercising any indemnity and termination rights contained in this Agreement and/or reporting such Player Content or Account Information to applicable law enforcement or regulatory authorities.
By posting Player Content on, through or in connection with the Site, you hereby grant BU and its designees a royalty-free, worldwide, fully paid up, perpetual, irrevocable, non-exclusive, assignable and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit, display, make available and otherwise fully exploit your Player Content (in whole or part) in connection with the Site, for any purpose including for the purposes of displaying, marketing and demonstrating the capabilities and functioning of the Site, in any media formats and through any media channels (now or hereafter known), and including after closure or deactivation of your Account or termination of this Agreement.
You specifically waive all moral rights in and to your Player Content in favor of BU and agree to permit other users of the Site to access, display, view, store, and reproduce such Player Content for personal use. You confirm to BU that: (a) you fully own the Player Content posted or uploaded by you on, in or through the Site, or otherwise have the full right to grant the license set forth herein; (b) the Player Content does not contain confidential or proprietary information, or you have the right to waive, and do waive, any confidentiality obligations related thereto; (c) the posting of such Player Content on, in or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person; (d) BU is free to implement the Player Content, as provided or as modified by BU, without obtaining further permission from you or any third party, and without any additional consideration of any kind; and (e) no fees or payments of any kind shall be due by BU to any organization for the distribution of such Player Content as contemplated by this Agreement and you agree to pay for all royalties, fees, and any other monies owing to any party by reason of the use of any such Player Content. Upon request, you will provide BU with any documentation necessary to substantiate the rights to such Player Content and to verify your compliance with this Agreement.
Except as otherwise expressly set out in this Agreement, BU is the owner or licensee of all content or material available on or through the Site, including any trademarks, service marks, trade names, logos, designs, copyrights, text, data, documents, messages, pictures, images, graphics, video, audio, songs, software and its underlying code, domain names, electronic files and any other intellectual property used on or appearing through the Site (collectively, the “BU Content”). Under no circumstances may you download or use any BU Content without the prior written consent of BU. You further agree not to use the Site in any unlawful manner, for any unlawful purpose, or in any way that is inconsistent with this Agreement.
You shall not sell, transfer, assign, license, or sublicense any BU Content. The use or posting of any BU Content on any other web site or in a networked computer environment for any purpose is expressly prohibited.
Subject to the terms and conditions of this Agreement, BU hereby grants you a personal, non-exclusive, non-transferable and non-assignable limited license to use the Site, including any software download in connection therewith during the term of this Agreement. Except for the license expressly granted hereunder, no rights, licenses, or permissions are granted or may arise in relation to the Site or the BU Content, whether expressly, by implication, estoppel, or otherwise. All rights, including all intellectual property rights, not expressly granted under this license are hereby reserved to BU and its licensors.
You shall not: (a) reverse engineer, disassemble, decompile, circumvent, translate, modify, obscure, or develop derivative works based on the Site or any of its subprograms, components, or modules; (b) merge any part of the Site into another program; (c) make any attempt to discover the source code of the Site; (d) place the Site onto a server so that it is accessible via a public network such as the Internet; (e) sell, transfer, assign, license, sublicense, rent, lease, or lend any portion of the Site or its associated documentation to any third party; and/or (f) remove or fail to reproduce any and all copyright or other proprietary notices that are included in the Site in the same form as they appear therein.
This license remains effective until termination of your Account or upon notice by BU for any reason. Upon termination of this license, you must cease all use of the Site and delete all copies of the associated software in your possession.
If you fail to comply with any term of this Agreement or otherwise breach this Agreement, except in the case of an actual or deemed material breach of this Agreement, BU will use reasonable efforts to notify you of the breach and, if such breach can be remedied, provide you with a reasonable period of time within which you may remedy such breach. If the breach is not remedied to BU’s satisfaction or cannot be remedied, then the breach shall be deemed to be a material breach of this Agreement.
If you fail to comply with any term of this Agreement and such breach is, or is deemed by BU to be, a material breach, then in addition to the other rights and remedies of BU, BU may exercise any or all of the following remedies, as it determines to be appropriate in the circumstances, in each case with or without prior notification:
No claim or dispute by you with regard to any bet or wager on an event or game made on the Site, including the outcome of such event or game, will be considered by BU more than twelve (12) months following the date on which the event or game was completed or other time period set by applicable law.
BU’s records, as maintained on BU’s server, will be the final authority in determining the circumstances of your participation in the relevant event or game and the results of such participation. In the event of a disagreement between the result that appears on your screen and the relevant BU server, the result that appears on the BU server will prevail.
If you wish to make a complaint about BU or any aspect of the Site, you may do so by contacting Customer Support. You may also contact iGaming Ontario or AGCO using the contact information in Section 25.
Subject to this Section, you expressly understand and agree that, except as otherwise provided by applicable law, BU’s and its affiliates’ and their respective shareholders, officers, directors, members, employees, agents, contractors and partners’ (collectively, the “BU Parties”) maximum liability under this Agreement, and your sole and exclusive remedy for any cause of action or claim whatsoever, shall in no event exceed the dollar value of any deposits and winnings that remain in your Account at the time of your cause of action or claim (to the extent you otherwise remain entitled to such deposits and winnings under this Agreement). If you do not have a positive balance of Unutilized Funds in your Account at the time of such cause of action or claim, to the fullest extent permitted by applicable law, your sole and exclusive remedy shall be to stop using the Site and close your Account.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE AND OUR OTHER AFFILIATED COMPANIES AND INSTRUMENTALITIES, AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND OTHER REPRESENTATIVES AND OUR VENDORS, INCLUDING UNITED INTERACTIVE LTD, AND BUSINESS PARTNERS (COLLECTIVELY, “BU AND ITS AFFILIATED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, BU AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BU AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BU AND YOU. THE PRODUCTS, THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF BU AND ITS AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM BU ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BU ANY AMOUNTS FOR ANY PRODUCTS, INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BU IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding anything to the contrary, in no event will the BU Parties be liable for any loss or damage suffered by any person as a result of:
In no event shall the BU Parties be liable to you or any third party for any indirect, incidental, consequential, special, punitive or exemplary damages, including damages for loss of profits, loss of chance, loss of production, loss of business opportunity (including loss of data, profits, revenue, goodwill, reputation or business interruption) or other intangible losses, arising from or relating to this Agreement or the Site. These limitations will apply regardless of the claim and regardless of whether the BU Parties have been advised of the possibility of such damages.
In the event of any errors, malfunctions, viruses or bugs, communications failure, or systems failure relating to the Site and resulting in loss, corruption, or miscalculation of data or winnings or bonus money amounts, to the fullest extent permitted by applicable law, the BU Parties shall not in any way be liable to you. All events and/or games in question and payments in relation thereto shall be voided, and the BU Parties may take any other action deemed necessary in their sole discretion to correct such errors. If any such error or miscalculation results in overpayment to you of winnings resulting from wagers on your Account, you shall not be entitled to receive or retain such overpayment, you shall immediately inform BU of the error, and you shall repay any such overpayment to BU (or it may, in its sole discretion, deduct an amount equal to such overpayment from your Account, set off such amount against any other amounts owed to you, or take any other action necessary to collect such overpayment, as permitted by applicable law).
To the fullest extent permitted by applicable law, the BU Parties shall not be liable for any acts or omissions made by your internet service provider, telecommunications provider, or any other third party you have engaged to gain access to the Site (each, a “Third Party Provider”). In addition, you acknowledge and agree that: (a) your relationship with BU is separate from your relationship with each of your Third Party Providers; (b) your Third Party Providers are not responsible for the Site; and (c) you will hold harmless your Third Party Providers and each of their affiliates’, and their respective shareholders, officers, directors, members, employees, agents, contractors and partners, from and against all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal and advisor fees) of whatever kind or nature, arising from or in connection with the Site or the acts or omissions of BU.
To the fullest extent permitted by applicable law, the Site is provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this Agreement, and to the fullest extent permitted by applicable law, the BU Parties expressly disclaim all representations and warranties of any kind, whether express or implied, with respect to the Site and any BU Content, including any warranties of appropriateness, reliability, timeliness, title, merchantability, non-infringement of third-party rights, security, or fitness for a particular purpose. Without limiting the generality of the foregoing, BU does not warrant that: (a) the Site will meet your requirements; (b) the Site will not infringe any third party’s intellectual property rights; (c) the operation and functionality of the Site will be error-free or uninterrupted; (d) any defects in the Site will be corrected; or (e) the Site or the servers are virus-free. The BU Parties shall not be subject to liability for the truth, accuracy, or completeness of any BU Content or any other information conveyed on or through the Site for errors, mistakes, or omissions therein or for any delays or interruptions of data from whatever cause. You acknowledge and agree that your use of the Site and the BU Content is at your own risk.
Links on the Services to third-party websites and applications may be provided as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or applications are solely between you and such third parties. You agree that BU and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use of or inability to use such websites or applications.
You use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third-party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. BU expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services that appear on any third-party website or application.
Without limiting the foregoing, your correspondence or business dealings with, or participation in promotions of or purchases from, advertisers or third-party applications found on or through the use of the services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party application provider. You agree that BU, United Interactive Ltd and its affiliated parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party- application providers on the Services.
BU is not responsible for any product or service (including third-party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
You acknowledge and agree that by accepting the terms and conditions of this Agreement, you do not rely on and shall have no remedy in respect of any statement, representation, warranty or understanding of any person, other than those of BU that are included in (or expressly incorporated by reference into) this Agreement.
To the fullest extent permitted by applicable law, you shall fully indemnify, defend and hold the BU Parties harmless from and against all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal and advisor fees) of whatever kind or nature, which may at any time be suffered by, imposed on, incurred by or asserted against the BU Parties that arise from or in connection with: (a) any breach of this Agreement by you; (b) any violation by you of any applicable law or the rights of any third party; (c) any use of the Site by you or by any other person accessing the Site using your Account or any of your Account Information, whether or not with your permission; (d) your obligations with respect to overpayment of winnings as specified in Section 21; or (e) your Player Content.
PLEASE NOTE THAT THESE TERMS INCLUDE A WAIVER OF THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW.
By agreeing to these Terms, and to the extent permitted by applicable law, you and BU agree that any Disputes (including any Disputes between you and BU suppliers) will be governed by this procedure and shall not proceed as a class, group or representative action.
If a Dispute is not resolved through the initial dispute resolution process within 30 days after the email noting the Dispute is received, you or BU may initiate an arbitration proceeding. By agreeing to these Terms, and to the extent permitted by applicable law, you and BU agree to resolve any Dispute by through final and binding arbitration. You may decline to arbitrate by contacting legal@unitedinteractive.com within 30 days of accepting these Terms and stating your full name, email address and mailing address and that you wish to decline this arbitration agreement.
Arbitration will proceed on an individual basis. You agree that the arbitration will be held in Ontario, Canada or, upon your or our option, may be conducted telephonically or by other remote electronic means.
CLASS ACTION AND COLLECTIVE ARBITRATION WAIVER. To the extent permitted by applicable law, neither you nor BU shall be entitled to consolidate, join or coordinate Disputes by or against other individuals or entities; to participate in any group, class, collective or mass arbitration or lawsuit; to arbitrate or litigate any Dispute in a representative capacity; or to arbitration or litigate any Dispute, seek damages or seek any losses incurred by a third party. Such actions are hereby expressly waived.
During registration of your Account, you may opt-in to receiving automated or prerecorded communications by text message, push notification, and/or email from time to time, including communications regarding promotions, bonuses and credits. If you opt-in, you may withdraw your consent to receive such communications at any time. You may stop receiving: (a) alerts via email by clicking the unsubscribe link contained in such emails, by emailing an opt-out request to Customer Support, or by opting out through your Account; (b) push notifications by disabling push notifications on the applicable mobile device; and (c) alerts via text message by clicking the unsubscribe link contained in such text messages or by opting-out through your Account. Notwithstanding the foregoing, you may not opt-out of transactional emails. BU is not responsible for any surcharges you incur as a result of opting-in or opting-out of such communications.
You may contact BU at any time should you have questions or need assistance. To provide better service and for your protection, conversations, chats, and emails may be recorded and/or monitored by designated staff. You can contact Customer Support as follows:
If you have a complaint or issue relating to the Site, your Account, funds management, game play or BU’s compliance with applicable laws, you should contact Customer Support. If you are not satisfied with the way that your complaint was handled by Customer Support, BU management may intervene to try and resolve any outstanding issues.
BU reserves the right to provide a copy of your complaint and any relevant documentation to AGCO, iGaming Ontario and/or any other applicable regulatory authority.
Contacting iGaming Ontario
iGaming Ontario manages iGaming through private operators. You may contact iGaming Ontario regarding any aspect of the Site at https://igamingontario.ca/en/player/player-support
AGCO regulates gaming in Ontario. You may contact AGCO regarding any aspect of the Site 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 (toll free in Ontario)
or via https://www.agco.ca/en/general/contact-agco
BU, or anyone acting on behalf of BU, shall be entitled to contact you with respect to any matter contemplated in this Agreement by using any of your Account Information.
BU makes no claims concerning whether the Site, including any BU Content, may be downloaded, viewed, or appropriate for use outside of Ontario, Canada. If you access the Site from outside of Ontario, Canada, you do so at your own risk and are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws. Whether inside or outside of Ontario, Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By using the Site, you agree and acknowledge that information about you, including your Account Information, may be transmitted to, processed in, and stored outside Canada.
You expressly agree to comply with such restrictions and not to export or re-export any portion of the Site to countries or persons prohibited under all applicable export control laws. By accessing, using, or downloading the Site, including any BU Content, you expressly agree that you are not in a jurisdiction where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Site.
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles. You and BU irrevocably agree to the exclusive jurisdiction of the courts located in Ontario.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation” and all monetary amounts are references to the lawful currency of Canada.
This Agreement, including all documents incorporated or referred to herein, constitutes the entire agreement between you and BU with respect to the subject matter hereof, and supersedes any and all prior agreements, understandings, negotiations and discussions, whether electronic, written or oral, regarding the subject matter of this Agreement, and may not be amended or modified except in accordance with the terms hereof. Each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law.
In the event of any termination or expiration of this Agreement for any reason, the provisions of this Agreement whose meaning requires them to survive shall survive the expiration or termination of this Agreement.
The failure of BU to insist upon strict adherence to any term of this Agreement or to exercise any term hereof, shall not constitute a waiver of such term or limit BU’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
You may not assign, transfer or convey, in whole or in part, any of your rights or obligations under this Agreement without the prior written consent of BU. BU may assign, transfer or convey any of its rights or obligations under this Agreement to another person at any time. Any assignment, transfer, or conveyance not made in accordance with this Section shall be null and void.
PLEASE RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.