Terms & Conditions
Version 2.1 last updated September 13, 2023
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Introduction
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By using and/or visiting any section of the Website www.spinaway.ca ("Website")
or
by
opening an account on the Website you agree to be bound by:
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the General Terms and Conditions, on this page;
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the Privacy Policy;
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Any game rules;
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Any terms and conditions of promotions, bonuses and special offers
which
may be found on the Website from time to time.
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All of the terms and conditions listed above shall together be referred to as
"the
Terms", "Terms" or "these Terms".
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Please read the Terms carefully before accepting them. If you do not agree to
accept
and be bound by the Terms, please do not open an account or continue to use the
Website.
Your continued use of the Website constitutes acceptance of the Terms.
-
You acknowledge and understand that the Company is conducted and managed by
iGaming
Ontario, an agency of the Government of Ontario that conducts and manages online
gambling in the Province of Ontario.
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Any reference made to contact customer support refers to the contact link
support@spinaway.ca
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Parties
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SpinAway is operated by NGame N.V, having its address at Abraham de Veerstraat
9,
Willemstad, Curacao. NGame N.V is licensed and regulated under the Alcohol and
Gaming
Commission (“AGCO”) with license number OPIG1242639. Play responsibly. Gambling
can
lead
to addiction. If you need any help you can contact Connex Ontario via
https://www.connexontario.ca/en-ca/, or directly via phone: 1-866-531-2600. You
must
be
19+ years old and physically located in Ontario to wager.
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In these Terms:
-
reference to "Deposit Funds" means the funds that you deposit into
Your
Player Account, in each case that have not been spent on (committed
to)
bets
including bets which are not yet settled, plus Winnings;
-
reference to "Bonus Funds" means any funds that we credit to Your
Player
Account by way of a bonus or promotion and any winnings generated
from
bonuses which is not immediately withdrawable or redeemable in cash
and
all
winnings made with the bonus funds which are subject to uncompleted
wagering
requirements;
-
reference to "All Funds" means both the Deposit Funds and Bonus
Funds;
and
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reference to "Winnings" is to any and all winnings from wagers made
with
money which you deposited into Your Player Account and winnings from
any
bonus which are not subject to wagering requirements or in respect
of
which
the wagering requirements have been satisfied.
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Changes to the terms of use
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We may need to change the Terms for a number of reasons, including but not
limited
to,
for commercial reasons, or in order to comply with new laws and regulations. The
most
up-to-date Terms are the ones available on the site, and the date on which they
came
into force is stated at the top of these Terms.
-
We will notify you of material changes to these Terms prior to them taking
effect.
We
will notify you of any material changes, or of any other changes to the Terms
which
we
wish to notify you of, by email or by placing a notice on the Website. Prior to
any
material changes coming into effect, you will be requested to confirm that you
have
read
and accept the new terms and conditions. In the event that you do not, you may
withdraw
your funds and close your account at any point in time.
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Your account
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In order to place a bet or play games via the Website, you will need to open an
account
on the Website ("Your Player Account"). In the event that you are registering or
depositing via a form of electronic verification, you authorize us to receive
your
personal details from such third party system and, on the basis of that
information,
to
create Your Player Account.
-
You may not access the Website and the casino games present on the Website from
any
jurisdiction other than the Province of Ontario. The Company will monitor and
detect
Your current location and will only allow real money wagers coming from the
Province
of
Ontario.
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When attempting to open an account or using the Website, it is the
responsibility
of
the player to verify whether gambling is legal in that particular jurisdiction.
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It is prohibited to use software or code that aims to deliberately bypass
security,
fraud, or regulatory controls including software that obfuscates, manipulates or
falsifies data related to your location or machine used to access the website.
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A player must register personally by following the on-screen instructions.
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When you open Your Player Account you will be asked to provide us with personal
information, including your name, date of birth, and appropriate contact
details,
including an address, telephone number and e-mail address ("Your Contact
Details").
Prior to activating your account we may request that your account is verified by
email
or SMS for security and/or regulatory reasons. You will also need to supply us
with
information regarding your occupation or principal business and your electronic
signature card.
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You hereby acknowledge and accept that, by using the services at the Website,
you
may
both win and lose money.
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Your Player Account must be registered in your own, legal, name. You may only
open
one
account on this Website and in association with this brand. Any other accounts
which
you
open subsequently on this the Website or otherwise in association with this
brand
shall
be considered "Duplicate Accounts". Any Duplicate Accounts may be closed by us
immediately and:
-
any Bonus Funds will be confiscated and forfeited by you and any
remaining
Deposit Funds (less any Winnings) will be returned to you on request
(minus
any reasonable charges) subject to these Terms and any legal or
regulatory
obligations with which we are required to comply;
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Any Winnings or bonuses which you have gained or accrued or (in
relation to
outstanding (unsettled) bets) may gain or accrue and which have been
or
may
be credited to Your Player Account and/or withdrawn by you from Your
Player
Account during such time as the Duplicate Account was active will be
forfeited by you and may be deducted from Your Player Account or
reclaimed
by us, and you will return to us on demand any such funds which have
been
withdrawn from the Duplicate Account.
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You must maintain Your Player Account and keep your details up-to-date and
secure.
If
you wish to close Your Player Account you must send a request to do so to
support@spinaway.ca. On account closure, any Bonus Funds will be cancelled and
any
Deposit Funds less than CA$3 will be appropriated and used to fund responsible
gaming
charities of other similar good causes projects.
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You may re-open a closed account by contacting customer support during the data
retention period, as notified in the Privacy Policy. We hold customer funds in a
separate account from Company funds accounts. This means that steps have been
taken
to
separate customer funds but customer funds are not protected in insolvency: not
protected segregation.
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Subject to us first obtaining specific and withdrawable consent from you, we
may
keep
you informed about changes on the Website, and about new services and
promotions, by
email, phone and SMS. At any point in time, the user can opt out from receiving
such
communications by sending an email to support@spinaway.ca or choosing "My
Account" -
"My
Details".
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Verification of your age and identity
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You confirm that:
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You are at least 19 years of age, or any higher age required by
laws
that
apply to you (the "Legal Age"). When opening an account, you will be
required to confirm that you are the Legal Age.
-
The details supplied when opening Your Player Account are correct;
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You are the rightful owner of the money in Your Player Account;
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You are a resident in a jurisdiction which allows gambling;
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You are physically located in Ontario to wager.
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The money deposited is not derived from any activity which is
illegal;
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You are not a member of AGCO - Alcohol and Gaming Commission of
Ontario;
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You are not part of the board of directors or an employee or
officer of
OLG
- Ontario Lottery and Gaming Corporation;
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You are not part of the board of directors or an employee or
officer of
iGaming Ontario;
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You are not an employee, officer or part of the board of directors
of
the
Company;
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You are not an employee of a registered supplier who maintain
gaming
equipment for the Company
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You are not registering an account for a third party. Your Account
is
on
your behalf only and You may only make wagers on your own behalf and
not
for
any other individual(s);
-
You are not a PEP (Politically Exposed Person) in Canada or outside
of
Canada or a family member or someone associated with a PEP. You must
notify
the Company immediately if there's any change to your PEP status
during
the
period your Account is open with the Company.
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You are not a HIO (Heads of International Organizations) in Canada
or
outside of Canada or a family member or someone associated with a
HIO.
You
must notify the Company immediately if there's any change to your
HIO
status
during the period your Account is open with the Company.
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The Company will follow and comply with the Proceeds of Crime (Money
Laundering)
and
Terrorist Financing Act. NGame N.V will also comply with any additional
requirements
issued by FINTRAC, The Financial Transactions and Reports Analysis Centre of
Canada.
Furthermore, in the event of any suspicious transactions, the Company may
suspend,
block
or close the account(s) of the relevant player(s) and withhold All Funds in the
relevant
Player Account(s) as may be required by law and/or by the competent Authorities.
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For a deposit or withdrawal that we suspect to be fraudulent, we
reserve
the right to request proof of deposit or withdrawal bank account
information
to verify that the details provided are accurate, before permitting
funds to
be withdrawn from the Account.
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We may check any transactions made by players on our Website in order to
prevent
money
laundering and all other illegal activity.
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By agreeing to the Terms you authorize us to undertake such checks as we may
require
ourselves or may be required by third parties (including regulatory bodies and
Authorities) to confirm your age, identity and contact details in order to
prevent
money
laundering (the "Checks").
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We reserve the right to delay or withhold any payment to/from Your Player
Account
(including Deposit Funds), until we are satisfied that your identity, age and
place
of
residence have been suitably verified.
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We are required to undertake verification of your age, identity and address.
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We may use third party providers to undertake these Checks on our behalf. By
agreeing
to these Terms you authorize us to provide your personal details to such third
parties,
who will keep a record of the information we provide to them. In the event that
we
do
not receive the required information from you, or we are otherwise unable to
verify
your
identity, we may terminate these Terms, close Your Player Account and (where
there
are
already funds loaded onto Your Player Account) return to you on request any
Deposit
Funds in Your Player Account at the time we placed a lock or restriction on Your
Player
Account, plus any funds deposited after the lock was placed on Your Player
Account,
subject to these Terms and except where it is necessary for us to delay or
withhold
the
payment to you of all or some of your Deposit Funds to comply with our legal and
regulatory obligations including our anti-money laundering and fraud prevention
obligations.
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In certain circumstances we may have to contact you and ask you to provide
further
information to us in order to complete the Checks. It shall be at the sole
discretion of
the company to decide, on a risk-based approach, which timeframe to consider for
purposes of triggering the Checks. If you do not or cannot provide us with such
information or such information is not satisfactory, then in accordance with
paragraph
5.7, we may lock or restrict Your Player Account until you have provided us with
such
information, and if we do not receive the required information, or we are
otherwise
unable to verify your identity, we may terminate these Terms, close Your Player
Account
and may return to you on request any Deposit Funds in your account at the time
we
placed
a lock or restriction on Your Player Account, plus any funds deposited after the
lock
was placed on Your Player Account, subject to these Terms and except where it is
necessary for us to delay or withhold the payment to you of all or some of your
Deposit
Funds to comply with our legal and regulatory obligations including our
anti-money
laundering and fraud prevention obligations. To complete our Checks we may ask
you
for:
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Passport, national identity card or driving license together with a
recent
utility bill (e.g. gas, electric, council tax, bank or building
society
statement,) less than three months old;
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Proof of ownership of payment method - depending on the deposit
method
used, this may include a copy of the debit card used, screen shot of
the
e-wallet or a recent bank statement;
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Any other documents that we consider necessary in order to complete
our
Checks.
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In certain circumstances we may also have to ask you to provide information in
relation
to your source of funds and source of wealth. This includes supplying a source
of
wealth
declaration and any supporting documentation as to the declared source of
wealth,
including but not limited to, bank statements and pay slips. We retain the right
to
lock
Your Player Account and suspend any further deposits, if you fail to provide us
with
the
information and documentation requested. We may further suspend withdrawals to
comply
with our legal and regulatory obligations including our anti-money laundering
and
fraud
prevention obligations where we have a suspicion in relation to Your Player
Account.
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If we are unable to confirm that you are of Legal Age we may suspend Your
Player
Account. If you are proven to have been under the Legal Age at the time you made
any
gambling or gaming transactions, then:
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Your Player Account will be closed and any remaining (unspent)
Deposit
Funds paid to you;
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Any Winnings and/or Bonus Funds which you have accrued during such
time
will be confiscated and forfeited by you and you will return to us
any
such
funds which have been withdrawn from Your Player Account;
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Any Winnings in Your Player Account will be forfeited.
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In the event that a player under the age of 19 creates an account,
but
then
plays again when over 19, we deem any use of our system as an
acceptance
of
the then current terms and conditions and we shall not refund
deposits
and
allow the player to keep any winnings.
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Subject to the amount, we are obliged to request ID/POA and proof of payment if
the
withdrawal account is different to the deposit method used
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Inactivity and deletion of player accounts
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Unless otherwise prohibited by local regulations, if a player account remains
inactive
(i.e. when no login is performed via the Website) for a period of more than 12
months,
we are entitled to charge a monthly account maintenance fee of CA$5, starting on
the
13th month of inactivity. Following 12 months of uninterrupted inactivity, we
will
send
a reminder mail to you via the e-mail address saved in Your Player Account
details.
Upon
receipt of this reminder mail, you will have 30 days to log into Your Player
Account
and
also to withdraw funds. If no login is registered within this 30-day period,
CA$5 of
Deposit Funds, or in the absence of Deposit Funds, Bonus Funds, will be deducted
from
the balance. If the balance is less than CA$5 then the whole amount will be
deducted.
From the 12th month of inactivity onwards a monthly charge of CA$5 will be
incurred
and
deducted from the real money credit or bonus money credit of the player account
accordingly. Provided that if the account is inactive due to a definite period
of
self-
exclusion, inactivity fees shall not be charged during that period and resume 30
days
following the expiration of the definite self-exclusion period.
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If Your Player Account remains inactive for a total period of 30 months, we
will
close
Your Player Account. Any remaining funds will be kept by us for you for a period
of
five
(5) years.
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In respect of Account Closures, you must ensure that the Deposit Funds balance
of
your
account has been withdrawn prior to making your request. Where you hold a
balance
equal
to or less than CA$3 or currency equivalent we will deduct this from your
account
automatically and Close the Account. Any remaining Bonus Funds will be cancelled
on
account closure.
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Username, password and customer information
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After opening Your Player Account, you must not disclose (whether deliberately
or
accidentally) your username and password to anyone else. If you have lost or
forgotten
Your Player Account details you may retrieve your password by clicking on the
"Forgot
Password?" link below the login portal.
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We shall not be held responsible if there is any unauthorized use of Your
Player
Account for any reason not directly imputable to us. You are solely responsible
for
the
use and operation of Your Player Account, as well as for the security of the
credentials
to access Your Player Account.
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Deposits to your player account
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Deposits are made by transfer of money to the Company's account by way of the
payment
methods stated on the Website. The payment methods currently available include
debit
cards, e-Wallet payments, Prepaid Cards, Instant Banking, Fast Bank Transfers
and
Bank
Transfers. The Company reserves the right, to change the accepted methods of
payment
at
its sole discretion. The Company further reserves the right to accept certain
methods of
payment only subject to the fulfilment of certain conditions. The Company does
not
warrant that all methods of payment are available at all times. To verify which
payment
and withdrawal methods that are currently available and the minimum deposit
amount
and
transaction fees applicable kindly visit our Deposit tab in the main page of our
Website.
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We do not accept cash funds or cheques sent to us.
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By depositing money you agree not to make any charge-backs, reversals or
otherwise
cancel any deposits into Your Player Account, and you agree to refund and
compensate
us
for any reasonable costs incurred by us in connection with any charge-back,
reversal
or
cancellation of any deposits.
-
The Company can, under certain circumstances, credit Your Player Account with
so
called
bonus money (which will form part of any Bonus Funds in your account). Before we
credit
Your Player Account with any bonus money, you must read and agree to the terms
upon
which the bonus money or promotion will be granted to you. We will notify you of
these
terms either to the email used to register your account or via "pop-up". We run
a
number
of promotions on the Website at any time. If you would like to review any of the
terms
applicable to our promotions please see: General Bonus Terms in the footer of
the
Website.
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Any Bonus Funds are displayed separately from any Deposit Funds in Your Player
Account.
Bonus Funds can only be withdrawn once they have been converted into real cash
Winnings
that form part of your Deposit Funds. If Your Player Account contains both
Deposit
Funds
and Bonus Funds, this is the order in which funds will be applied for wagering:
1/
firstly the Deposit Funds required to trigger the bonus will be deducted from
your
Deposit Funds (if available) (i.e. if You are required to deposit CA$100 (or
other
currency or value) in order to claim a bonus, and there is CA$100 or more in
your
Deposit Funds, then that CA$100 will be deducted from your Deposit Funds first).
The
Deposit Funds so deducted will be the first used in any wagering. If there is no
requirement for you to deposit your own funds to trigger the bonus or no such
bonus
arrangement applies then 2/ and 3/ below will apply; 2/ secondly any available
Bonus
Funds will be used; and 3/ thirdly any remaining Deposit Funds will be used.
Specific
bonus and promotion terms and conditions will be published on the Website in
conjunction
with the launch of any bonus or promotion. If you request to withdraw all or
some of
the
Deposit Funds used to activate a promotion or bonus before fulfilling any of the
terms
and conditional applicable to any Bonus Funds (including, but not limited to,
any
wagering requirements) or otherwise whilst a promotion or bonus is active or
pending
on
Your Player Account you will forfeit any Bonus Funds in Your Player Account
associated
with the relevant promotion or bonus in their entirety. Any Deposit Funds that
you
have
deposited which is not related to any bonus (i.e. which was not required to be
made
in
order to claim Bonus Funds or to participate in any promotion) are free to be
withdrawn
at any point in time and will not result in the forfeiture of any Bonus Funds.
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Your Player Account is not a bank account and is therefore not insured,
guaranteed,
sponsored or otherwise protected by any banking insurance system. Additionally,
any
money deposited with us in Your Player Account will not earn any interest.
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In relation to deposits of funds into Your Player Account, you shall only use
such
debit cards and other payment methods that are valid and lawfully belong to you.
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Deposits to Your Player Account can be made in a number of permitted currencies
chosen
by you upon registration. Deposits made to Your Player Account will be made in
the
currency chosen at registration. If you are depositing using an account with a
bank
or a
payment service provider denominated in a currency other than that associated
with
Your
Player Account, be aware that you may incur conversion charges levied by your
bank
or
payment service provider. We do not provide any currency conversion facility and
should
you have any dispute in respect of currency conversion rates, please contact
your
bank
or payment service provider
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It is strictly prohibited to open an account or conduct a transaction on behalf
of
a
third party, use a third-party payment method or to allow any third-party access
to
your
account. Where we discover third-party usage of your account, it will be closed
and
no
longer available for use. Subsequent due diligence procedures will be performed
in
order
to meet regulatory requirements and the funds will be confiscated. For joint
payment
method accounts we reserve the right to request additional documentation proving
joint
ownership of the account.
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Withdrawals from your account
-
All payments made into Your Player Account have been confirmed as cleared and
none
have
been charged-back, reversed or otherwise cancelled;
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Any Checks referred to in paragraph 5 above have been completed;
-
You have made a minimum of one deposit to Your Player Account and you have
wagered
at
least once, in full, the deposited amount. Should you request to withdraw
Deposit
Funds
without first turning them over at least once, such request will be reviewed and
the
processing of the withdraw will be delayed until we are satisfied that the
withdrawal
does not pose any legal or regulatory risk to us.
-
We are not otherwise required to delay or withhold the payment to you of all or
some of
your Deposit Funds in order to comply with our legal or regulatory requirements
and
we
are not pending any documentation from you pursuant to the Checks.
-
The withdrawal is in excess of the minimum withdrawal amount of CA$10 or the
equivalent
amount in any other currency. please refer to your selected payment method in
the
Cashier.
-
We will attempt to accommodate your request regarding the payment method and
currency
of your withdrawal. This, however, cannot be guaranteed. Unless we otherwise
agree
(in
our absolute discretion), all withdrawals will be remitted only to the same
account
from
where the funds paid into the player's account originated. We reserve the right
to
charge a fee amounting to our own reasonable costs (including the cost of the
deposits)
for withdrawals of funds that have not been put into play.
-
A player may not withdraw any Bonus Funds other than in accordance with the
terms
and
conditions applicable to the relevant Bonus Funds.
-
You are responsible for reporting your Winnings and losses to your local tax or
other
Authorities.
-
Withdrawal timeframes are dependent on the verification status of the customer.
As
part
of our licensing requirements we must collect documentary evidence of customer's
identity, proof of address, proof of ownership of payment method, proof of
source of
funds and/or proof of source of wealth under certain circumstances and this can
affect
the approval times of withdrawal processing.
-
If Your Player Account has been dormant, closed, blocked or excluded for any
reason
other than for compliance with our client verification measures and for any
period
of
time, you may contact our support team to request to recover any Deposit Funds
that
might still be in Your Player Account. Our support team will investigate any
such
request and we will contact you (subject to our legal and regulatory
obligations)
with
information about how the Deposit Funds will be transferred back to you. You
will
need
to answer a number of security questions for us to be able to verify that you
are
the
legal owner of Your Player Account. If there is a dispute over Your Player
Account
or
the funds held within it:
-
the dispute will be dealt with in accordance with our Complaints
Policy
as
detailed at paragraph 23 of these Terms. A more detailed Complaints
Policy
can be made available to you on request.
-
In relation to withdrawals of funds from Your Player Account, you shall only
use
such
debit cards and other payment methods that are valid and lawfully belong to you.
-
Withdrawals from Your Player Account can be made in a number of permitted
currencies
chosen by the user upon registration. Withdrawals from Your Player Account will
be
made
in the currency chosen at registration. If you are withdrawing to an account
with a
bank
or a payment service provider denominated in a currency other than that
associated
with
Your Player Account, be aware that you may incur conversion charges levied by
your
bank
or payment service provider. We do not provide any currency conversion facility
and
should you have any dispute in respect of currency conversion rates, please
contact
your
bank or payment service provider.
-
Placing a bet or gaming
-
It is your responsibility to ensure that the details of any transaction you
enter
into
are correct. Although the Company endeavors to ensure that the information
available
on
its Website is correct, the Company assumes no liability for the any errors or
any
out
of date, incorrect or incomplete information, including (without limitation) any
results
made available on the Website or the accuracy of any scores, statistics and
intermediate
results during in-play betting. Please refer to our Betting Rules which can be
found
in
the footer of the Website for information relating to the settlement of bets.
For
the
purpose of in-play or in-running betting, the player should be aware that there
may
be
delays to live transmissions and the extent of any delay may vary between
players
and
between events.
-
You can access your last 180 days transaction history on the Website.
-
We reserve the right to refuse the whole or part of any bet or wagering
transaction
requested by you at any time in our sole discretion. No bet or wagering
transaction
is
accepted by us until the amount equivalent to the stake is deducted from the
relevant
balance in Your Player Account.
-
Once your bet or wager is accepted, you cannot cancel the bet or wager without
our
written consent.
-
Collusion, cheating, fraud and criminal activity
-
The following activities are not permitted and constitute a material breach of
these
Terms:
-
Colluding with third parties;
-
Using unfair advantage or influence (commonly known as cheating),
including
the exploitation of a fault, loophole or error in our software, the
use
of
automated players (sometimes known as 'bots');
-
Undertaking fraudulent or illegal activities, including but not
limited
to
the use of a stolen, cloned or otherwise unauthorized debit card, as
a
source of funds;
-
Taking part in any criminal activities including, but not limited
to,
money
laundering;
-
Transferring of funds from one player account to another; and/or
-
Conducting account fraud, use of Duplicate Accounts, manipulation
of
our
software or Website, exploitation of loopholes or other technical
forms
of
abuse or other behaviour which amounts to deliberate cheating.
-
We will take all reasonable steps to prevent such activities; detect them and
ensure
that the relevant players are dealt with appropriately. We may report knowledge
or
suspicion of an offence to the relevant authorities, we may suspend or close
Your
Player
Account, confiscate your Winnings and any Bonus Funds (which shall be forfeited
by
you)
and in certain cases, in fulfilment of our regulatory and legal obligations,
block
access to All Funds until we are directed on how to proceed by the authorities.
We
will
not be liable for any loss or damage which you or any other player may incur as
a
result
of any of the behavior outlined in paragraph 11.1 above and any action we take
in
respect of the same will be at our sole discretion.
-
If you suspect a person is colluding, cheating or undertaking a fraudulent
activity,
please report it to us by e-mailing support@spinaway.ca.
-
We reserve the right to inform relevant Authorities, other online gaming or
gambling
operators, other online service providers and banks, debit card companies,
electronic
payment providers or other financial institutions of your identity and of any
suspected
unlawful, fraudulent or improper activity, and you agree to cooperate fully with
us
to
investigate any such activity.
-
Other prohibited activities
-
You should not use the Website for any purpose which is considered to be
defamatory,
abusive, obscene, racist, sexist, discriminatory, or offensive. You must not use
any
abusive or aggressive language or images; swear, threaten, harass or abuse any
other
person, including other users, or behave in such a manner towards any Company
staff
used
to provide the Website or Customer Services.
-
You shall not corrupt the Website, flood the Website with information with the
intention of causing the Website to not function, nor use any features which may
affect
the function of the Website in any way for example (but not limited to)
releasing or
propagating viruses, worms, logic bombs or similar. Any multiple submissions or
spam
are
strictly prohibited. You must not interfere or tamper with, remove or otherwise
alter in
any way, any information in any form which is included on the Website.
-
You shall use the Website for personal entertainment only and shall not be
allowed
to
reproduce the Website or any part of it in any form whatsoever without our
express
consent.
-
You must not attempt to gain unauthorized access to the Website, the servers on
which
the Website is stored or any server, computer or database connected to the
Website.
You
must not attack the Website via a denial-of-service attack or similar. We will
report
any breach of this provision to the relevant law enforcement Authorities and we
will
co-operate with those Authorities by disclosing your identity to them. In the
event
of
such a breach, your right to use the Website will cease immediately.
-
We will not be liable for any loss or damage caused by a distributed
denial-of-service
attack, viruses or other technologically harmful material that may infect Your
computer
equipment, computer programs, data or other proprietary material due to Your use
of
the
Website or to Your downloading of any material posted on such Website, or on any
Website
linked to the Website.
-
It is prohibited to sell, transfer and/or acquire accounts from other players.
-
Closure and termination
-
It is Company policy in the interests of security, that if no login has been
recorded
on Your Player Account for thirty months (an "Inactive Account"), subject to
paragraphs
6.1, 6.2, 6.3 and 6.5, we shall remit the remaining balance in that account to
you
and
close Your Player Account. If you cannot be satisfactorily located any remaining
Deposit
Funds in that account will be paid into a suspense account where funds will be
kept
for
a period of five (years). After the five (year) period elapses, the Company will
appropriate the funds and use those funds for responsible gaming endeavors.
-
Your Inactive Account (30 months without recording a log-in) will be terminated
with
written notice (or attempted notice) using Your Contact Details.
-
In the event of any such termination by us, other than where such closure and
termination is made pursuant to paragraph 11 (Collusion, Cheating, Fraud and
Criminal
Activity) or paragraph 18 (Breach of the Terms of Use) of these Terms, we will
on
receipt of a request from you, return any Deposit Funds in Your Player Account
to
you.
Provided that in the event that the amount of Deposit Funds is less than CA$3,
those
funds will be appropriated and used to fund a responsible gaming charity or
other
project.
-
The Company may refuse to open an account or may opt to close a players'
account
which
has already been opened at its own discretion. Notwithstanding this all
contractual
obligations already undertaken or entered into will be honored subject to these
Terms.
-
Alteration of the website
-
We may, at our absolute discretion, add or remove, alter or amend, any of the
products
offered via the Website at any time.
-
IT failure or interruption
-
Where unexpected system flaws, faults or errors occur in the software or
hardware
which
we use to provide the Website we will take immediate steps to remedy the
problem.
-
We do not accept any liability for IT failures which are caused by your
equipment
used
to access the Website or faults which relate to your internet service provider.
-
Errors or omissions
-
A number of circumstances may arise where a bet or wager is accepted or a
payment
is
made by us in error.
-
Neither we (including our directors, employees, partners or agents) nor our
partners or
suppliers shall be liable for any loss including (without limitation) loss of
any
Bonus
Funds or Winnings that results from any error by us or an error by you. You will
forfeit
any Bonus Funds or Winnings that result from any such error. In such a scenario,
the
stake or wager will be refunded to Your Player Account.
-
Disclaimer Of Liabilities
-
The player is aware of the fact that gambling at the website may lead to losing
money.
The Company is not liable for any possible financial damage arising from the use
of the website.
-
The Company is taking effective measures to protect player’s private data from
any
unauthorised use and is only making it available to parties involved in
providing of
gambling services through the website. Notwithstanding this, the Company is not
responsible for how the information is further treated by third parties, for
example
third party software providers or affiliates. Treatment of player’s private data
by
such
parties is subject to Terms & Conditions of these parties, if any.
-
The Company is not liable of any hardware or software, defects, unstable or
lost
Internet connections, or any other technical errors that may limit player’s
access
to
the website or prevent player from an uninterrupted play.
-
In an unlikely case where a wager is confirmed or a payment is performed by us
in
error, the Company reserves the right to cancel all the wagers accepted
containing
such
an error, or to correct the mistake by re-settling all the wagers at the correct
terms
that should have been available at the time that the wager was placed in the
absence
of
the error.
-
If we mistakenly credit your Player Account with winnings that do not belong to
you,
whether due to a technical issue, error in the paytables, human error or
otherwise,
the
amount will remain our property and will be deducted from your Player Account.
If
you
have withdrawn funds that do not belong to you prior to us becoming aware of the
error,
the mistakenly paid amount will (without prejudice to other remedies and actions
that
may be available at law) constitute a debt owed by you to us. In the event of an
incorrect crediting, you are obliged to notify us immediately by email.
-
The Casino, its directors, employees, partners, service providers:
-
do not warrant that the software or the Website is/are fit for
their
purpose;
-
do not warrant that the software and Website are free from errors;
-
do not warrant that the Website and/or games will be accessible
without
interruptions;
-
shall not be liable for any loss, costs, expenses or damages,
whether
direct, indirect, special, consequential, incidental or otherwise,
arising
in relation to your use of the Website or your participation in the
games.
-
You hereby agree to fully indemnify and hold harmless the Casino, its
directors,
employees, partners, and service providers for any cost, expense, loss, damages,
claims
and liabilities howsoever caused that may arise in relation to your use of the
Website
or participation in the Games.
-
You acknowledge that the Casino shall be the final decision-maker of whether
you
have
violated the Casino’s Terms & Conditions in a manner that results in your
suspension
or permanent barring from participation in the Website.
-
Breach of the terms
-
You shall compensate us in full for any claims, liabilities, costs, expenses
(including
legal fees) and any other charges that may arise as a result of your breach of
any
of
the Terms.
-
Where you are in material breach of the Terms, we reserve the right, but shall
not
be
required, to:
-
Provide you with notice (using Your Contact Details) that you are
in
breach
requiring you to stop the relevant act or failure to act;
-
Suspend Your Player Account so that you are unable to place bets or
play
games on the Website;
-
Close Your Player Account with or without prior notice from us;
-
Confiscate, and you shall forfeit, from Your Player Account, or (if
applicable) recover from you the amount of any Bonus Funds and any
Winnings
in Your Player Account or that have been paid to you by us, in which
case
such Bonus Funds and/or Winnings shall be returned to us on demand;
and
-
On receipt of a request from you, return any Deposit Funds (less
any
Winnings) to You to the account(s) from which they were deposited,
minus
any
reasonable charges and subject to these Terms and any legal and
regulatory
obligations with which we are required to comply. Any breach of
clauses
4.2.1, 4.7, 4.8, 8.8, 11, 12 and 29.2 are considered material
breaches.
-
Intellectual property rights
-
All Website design, text, graphics, music, sound, photographs, video, the
selection
and
arrangement thereof, software compilations, underlying source code, software and
all
other material contained within the Website are subject to copyright and other
proprietary rights which are either owned by us or used under license from third
party
rights owners. To the extent that any material contained on the Website may be
downloaded or printed then such material may be downloaded to a single personal
computer
only and hard copy portions may be printed solely for your own personal and
non-commercial use.
-
Under no circumstances shall the use of the Website grant to any user any
interest
in
any intellectual property rights (for example copyright, know-how or trademarks)
owned
by us or by any third party whatsoever.
-
No rights whatsoever are granted to use or reproduce any trade names,
trademarks or
logos which appear on the Website except as specifically permitted in accordance
with
the Terms of Use.
-
Your personal information
-
We are required according to the Data Protection Act of 2018 (Chapter 586 of
the
Laws
of Malta) and, the General Data Protection Regulation (2018) to comply with data
protection requirements in the way in which we use any personal information
collected
from you in your use of the Website. We therefore take very seriously our
obligations in
relation to the way in which we use your personal information.
-
How we handle your personal information is set out in our Privacy Notice.
-
Use of cookies on the website
-
The Website uses 'cookies' to assist the functionality of the Website. A cookie
is
a
small file of text which is downloaded onto your computer when you access the
Website
and it allows us to recognize when you come back to the Website. Information on
deleting
or controlling cookies is available at www.aboutcookies.org. Please note that by
deleting our cookies or disabling future cookies you may not be able to access
certain
areas or features of the Website.
-
For more information on the use of cookies please refer to the Cookie Notice.
-
Complaints and notices
-
If you wish to make a complaint regarding the Website, the first step should
be, as
soon as reasonably possible, to contact Customer Services via the LiveChat
function
on
our Website www.spinaway.ca or by emailing us at support@spinaway.ca.
-
Complaints Procedure
-
Complaints can only be made in respect of incidents that have taken
place
not longer than six (6) months from the date of the complaint.
-
Within 24 hours of receipt of your complaint, we will email you and
acknowledge that we have received your complaint, will confirm the
particulars of your complaint and provide you with a copy of this
procedure,
upon request. An agent will log your message, investigate your
complaint
and
respond to it. We aim to provide you with a substantive response to
your
complaint as soon as practically possible and seek to resolve your
complaint
within five working days from the date we receive the complaint.
-
Whilst we will endeavor to resolve the complaint sooner, the maximum duration
for a
complaint to be resolved is eight (8) weeks. Provided that, in the event that we
are
unable to resolve a matter due to input required from you, and we are not sent
such
information within a period of seven (7) days from the date of the request, then
we
will
‘stop the clock’ for any additional period of delay beyond the first seven (7)
days.
-
If your concern is not resolved at this stage you can escalate the complaint by
referring the matter in writing to the Head of Customer Operations at
support@spinaway.ca. We aim to keep you informed throughout the process. Our
Head of
Customer Operations will provide you with their decision, which represents the
final
stage of our internal complaints procedure. We aim to ensure that the entire
complaints
procedure takes no more than eight weeks form receipt of a complaint.
-
If your complaint relates to the outcome of a gambling transaction and is not
resolved
to your satisfaction by our Internal Complaints Procedure within eight weeks
from
the
date we received the complaint (taking into account any extensions provided due
to
any
pauses in the ‘clock’), we will write to you to explain how to escalate your
complaint
to iGaming Ontario.
-
Transfer of rights and obligations
-
We reserve the right to transfer, assign, sublicense or pledge the Terms, in
whole
or
in part, to any person, provided that any such assignment will be on the same
terms
or
terms that are no less advantageous to you.
-
Events outside our control
-
We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under the Terms of Use that is caused by
events
outside our reasonable control, including, without limitation, acts of God, war,
civil
commotion, interruption in public communications networks or services,
industrial
dispute or DDOS-attacks and similar Internet attacks having an adverse effect
("Force
Majeure"). Our performance is deemed to be suspended for the period that the
Force
Majeure Event continues, and we will have an extension of time for performance
for
the
duration of that period. We will use our reasonable endeavors to bring the Force
Majeure
Event to a close or to find a solution by which our obligations may be performed
despite
the Force Majeure Even
-
Waiver
-
If we fail to insist upon strict performance of any of your obligations or if
we
fail
to exercise any of the rights or remedies to which we are entitled, this shall
not
constitute a waiver of such rights or remedies and shall not relieve you from
compliance
with such obligations.
-
A waiver by us of any default shall not constitute a waiver of any subsequent
default.
No waiver by us of any of the provisions of the Terms shall be effective unless
it
is
expressly stated to be a waiver and is communicated to you in writing in
accordance
with
above.
-
Severability
-
If any of the Terms are determined to be invalid, unlawful or unenforceable to
any
extent, such term, condition or provision will to that extent be severed from
the
remaining terms, conditions and provisions which will continue to be valid to
the
fullest extent permitted by law. In such cases, the part deemed invalid or
unenforceable
shall be amended in a manner consistent with the applicable law to reflect, as
closely
as possible, our original intent.
-
Law and jurisdiction
-
Terms of Use shall be governed by and interpreted in accordance with the laws
of
Ontario and the applicable laws of Canada.
-
Responsible gaming and gambling
-
We endorse responsible gaming and gambling. We want you to enjoy your wagering
experience on our site, while remaining aware of the social and financial harms
associated with problem gambling.
-
Setting of Financial Limits - you may set financial limits related to deposits,
wagers
and losses by contacting our support team. These limits are available to help
you to
control your gambling. Deposit Limits - In order to limit the amounts of
deposits
you
can make over a certain period of time, you can set a Deposit Limit. This option
can
be
accessed within your Account section. Loss Limits - In order to limit the losses
that
you can sustain over a certain period of time, you can set a Loss Limit, which
can
be
accessed within your Account section. Wagering Limits - In order to limit the
amount
of
money that you are able to spend over a certain period of time, you can set a
Wagering
Limit, which can be accessed within your Account section. The financial limits
described
above can be amended at any time. Any request to lower a limit will take effect
immediately. Any request to raise or remove a limit will only take effect after
the
expiry of a minimum 24 hour "cooling-off" period (company reserves the right to
impose
longer period) in which the player will not be able to revert the conditions
previously
placed on his account. Limits apply to the brand on which they are set only. If
you
wish
to apply a limit through customer support, you may do so by contacting
support@spinaway.ca stating your reasons. The implementation of a limit
requested by
email is not immediate, please allow up to 48 hours for us to confirm to you
once
the
limit has been applied. We are not responsible to refund any funds lost between
the
period the limit was requested via email and the time it was processed by us.
For a
limit to take effect immediately, please apply a limit electronically through
the
site
through the responsible gaming page. If you require any further information or
assistance regarding our functionality, please contact support.
-
Self-exclusion - Should you need to take a break from gambling with this
Website
you
may do so by contacting support (or where, available, in the 'My Account'
section).
Self-exclusion means that Your Player Account will be closed for the specified
period.
This is the major difference between self-exclusion and a "time out" request
(see
clause
28.4). Excluding yourself will affect Your Player Account with this Website only
(although if the Company determines that it is appropriate to apply the
self-exclusion
on other brands under the same licence, it may do so. Self-exclusions may be for
a
definite period or a permanent one. A definite period self-exclusion may only be
shortened subject to a cool-off of 24hours (which may be increased, if
appropriate
to do
so, at the sole discretion of the Company), and a permanent self-exclusion may
only
be
removed subject to a cool-off of 7 days. The Company reserves the right to
refuse to
remove a permanent self-exclusion. We will use our best endeavors to ensure
that, if
you
have requested self-exclusion from our Website, you will not be able to open a
new
account with us or any other Website operated under the licenses of the Company.
However, in the event that you succeed in creating a new account by supplying
different
data to that supplied by you when registering for Your Player Account, or by
using
any
similar means, you agree that we shall not be liable for any losses subsequently
incurred by you as a result of using our Services. Should we become aware that
you
have
succeeded in opening a further account with us in this way, we reserve the right
to
immediately close that account and retain any Winnings and Bonus Funds. In such
a
scenario, we will (subject to these Terms and any legal and regulatory
obligations
with
which we are required to comply) return any Deposit Funds to you (less any
Winnings,
withdrawals and any reasonable charges) to the account from which those
deposited
funds
were received. If you wish to perform a self-exclusion through customer support,
you
may
do so by contacting support@spinaway.ca stating your reasons. The implementation
of
a
self-exclusion requested by email is not immediate, please allow up to 48 hours
for
us
to confirm to you once the self-exclusion has taken place. We are not
responsible to
refund any funds lost between the period a self-exclusion was requested via
email
and
the time it was processed by us. For a self-exclusion to take effect
immediately,
please
self-exclude electronically through the site through the responsible gaming
page.
-
Time Out - Should you need to take a time out from gambling please use the time
out
functionality on the Website and choose the period you wish to be timed out.
This
tool
can be found in the Account page. Should you for any reason be unable to impose
these
limits yourself please contact Customer Services. At the end of your time out
period,
Your Player Account will automatically be reactivated
-
Setting of Session Time Limits - You may set maximum Session Time Limits by
contacting
our support team. While these limits are set, you will automatically be logged
out
and
will not be allowed to continue playing when you reach the pre-set time limit in
any
one
play session.
-
Filtering Systems - Filtering solutions allow you (or others such as parents or
other
careers) to regulate access to the internet or certain websites, based on chosen
criteria. These filtering solutions can use filters to prevent children and
other
vulnerable people from accessing, amongst other things, gambling websites. If
you
share
your computer with friends or family who are under the Legal Age to register or
gamble
with our site, or who have requested self-exclusion from gambling sites, or who
may
otherwise be vulnerable to problem gambling, please consider using such
filtering
solutions. Examples include: http://www.netnanny.com/
http://www.contentwatch.com/
https://cybersitter.27labs.com/
-
We reserve a right to pro-actively place financial limits or also to
self-exclude
Your
Player Account where, for responsible gaming reasons we deem it appropriate to
do so
and
we may refuse a request from you to remove or reduce such limit.
-
Links
-
Where we provide hyperlinks to other websites, we do so for information
purposes
only.
You use any such links at your own risk and we accept no responsibility for the
content
or use of such websites, or for the information contained on them.
-
Bonuses Terms and Conditions
-
These Bonus Terms and Conditions apply to all promotions and campaigns offered
by
SpinAway from time to time and form part of the General Terms and Conditions.
Promotions
will also have specific terms applicable to them stated within the offer.
-
Bonus play can begin only when your Real Money is depleted. If you make a Real
Money
withdrawal before you have completed your Bonus wagering the remaining Bonus
will be
forfeit.
-
The maximum wager when a Bonus is pending, or actively being turned over is
CA$5 or
currency equivalent. This includes Bonus Buy features, where the total cost of
the
purchase is applicable. You may lose your winnings if you do not follow this
rule.
-
A Bonus is only valid once per Account/household/IP address. Unless stated
otherwise,
you must deposit at least CA$20 or currency equivalent and play CA$20 or
currency
equivalent in order to qualify for a Deposit Bonus.
-
Bonus money will expire 30 days after being awarded to you, unless stated
otherwise
in
a promotional offer.
-
A Bonus Spins is Game specific and cannot be transferred. Bonus Spins that
remain
unclaimed will be forfeited after 7 days, unless stated otherwise in a
promotional
offer.
-
Bonus Spins that are offered as reward in a Deposit Bonus will be credited
after a
player has wagered a minimum of CA$20 or currency equivalent on slots in the
Casino,
unless stated otherwise. Bonus spins that do not require a Deposit to trigger
are
only
available if you have made a Deposit at least once over a selected period of
time.
-
You must not engage in any activity which is intended to take unfair advantage
of a
Bonus. SpinAway reserves the right to withdraw the availability of any Promotion
and
void any wager funded by the Bonus and remove any winnings from such wager at
any
time
and at SpinAway’s sole and absolute discretion.
-
If we have reasonable grounds to suspect that a Bonus is being claimed by or
for
the
benefit of the same person more than once or by a group of people acting in
concert
then
it may withdraw the availability of any Bonus or all Bonuses to that customer or
group
of customers and/or void any wager funded by the Bonus and remove any winnings
from
such
wager.
-
Delaying the playing of a game round until after the wagering requirement for
an
active
bonus has been met, until new funds have been deposited or until an active bonus
has
been forfeited, is considered a manipulation of bonus functionality and is a
prohibited
practice.
-
Wagering requirements
-
If you are eligible for a Bonus (for example, a login Bonus of CA$10 or a
Deposit
Bonus
of 100% up to a certain amount) wagering requirements will apply before you can
make
any
withdrawals.
-
Unless otherwise stated, all Bonuses have a minimum wagering requirement of at
least x
40. This means that the Bonus must be staked 40 times before any potential
Winnings
are
converted into Real Money.
-
Within the Cashier you can see how much you have wagered and how much you have
left
to
wager before your winnings turn into Real Money.
-
When claiming a casino bonus, any available Cash Balance on your Player Account
will be
used to wager first. Bonus Funds are used once your Cash Balance reaches zero or
is
insufficient to meet the stake.
-
All Winnings from Bonus spins are considered to be Bonus money, therefore need
to
be
wagered 40 x on slots before withdrawal is possible. Winnings will be converted
to
Real
Money only after the Bonus wagering requirements are met, unless stated
otherwise in
a
promotional offer.
-
Casino Games are contributing towards the wager requirement as per the Bonus
Terms
and
Conditions.
-
The games listed in the Bonus Terms and Conditions are excluded from bonus
play,
unless
stated otherwise in a promotional offer. Other Games may be excluded from time
to
time.
-
Interpretation
-
The original text of the Terms is in English and any interpretation of them
will be
based on the original English text. If the Terms of Use or any documents or
notices
related to them are translated into any other language, the version most
favorable
version to the player shall prevail.