Deal or No Deal Casino

These terms of service (“Agreement”) are an agreement between you (“you” or “your”) and iPro Games Canada, Inc., doing business as Deal or No Deal Casino (“iPro”), as an agent of iGaming Ontario. This Agreement governs iPro’s operation and offering of, and your access to and use of, iPro’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 iPro and contains important limitations on representations, warranties, conditions, remedies, and liabilities that are applicable to the Site.

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.

iPro 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. iPro will post a notice on the Site advising users of any revisions to this Agreement at least thirty (30) days before such revisions take effect. Once such notice has been posted, prior to logging into your Account (as defined in Section 2), you will be required to acknowledge and agree 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. You are responsible for familiarizing yourself with all of the terms and conditions of this Agreement and ensuring that you understand and agree to be bound by them prior to logging into your Account.

In this Agreement, the following terms, in addition to the terms defined elsewhere in this Agreement, have the following meanings:

1. “Account” means an account, which may contain notional funds corresponding to Canadian dollars, that is maintained by iPro, via which an eligible player may use and access the Site, and includes the information set out in Section 4.8.
2. “AGCO” means the Alcohol and Gaming Commission of Ontario and the successors thereof.
3. “AGCO Standards” means the Registrar’s Standards for Internet Gaming, as prepared and issued by the Registrar of the AGCO, as amended or replaced from time to time.
4. “Bonus Cash” means a notional amount corresponding to Canadian dollars that is loaded into an Account by iPro. Bonus Cash, subject to the applicable promotion terms in accordance with Section 9, can be used in connection with the Site, without charge. Bonus Cash has no cash value and cannot be transferred, exchanged, or withdrawn from an Account.
5. “Customer Support” means the iPro support services team that, amongst other things, deals with player questions and concerns and may be contacted by you in accordance with Section 24.1.
6. “Excluded Individual” means an individual who is not permitted to register an Account or if the individual already has an Account, to maintain that Account in an activated state, including:
   1. an individual who does not satisfy all of the eligibility criteria described in Section 4.1;
   2. a Self-Excluded Individual;
   3. an individual who has been excluded from accessing the Site by court order or any applicable law or regulation or any rule or policy enacted pursuant thereto, including the AGCO Standards;
   4. an individual who is, or iPro has reason to believe has been or ought to be, excluded from the Site pursuant to subsection 3.6(1) of the Gaming Control Act, 1992;
   5. an officer, member of the board of directors, or partner of iPro;
   6. an executive or staff member of a trade union who represents or negotiates on behalf of iPro employees employed in connection with the Site;
   7. an employee of a registered supplier who provides goods or services in connection with the Site, including maintaining or repairing gaming equipment;
   8. a member or employee of the AGCO; and/or
   9. an officer, member of the board of directors, or employee of Ontario Lottery and Gaming Corporation or iGaming Ontario, unless they are within the description set out in subsection 22(6) of Ontario Regulation 78/12.
7. “FINTRAC” means the Financial Transactions and Reports Analysis Centre of Canada and the successors thereof.
8. “Reward Coins” means reward tokens that may be earned by a player pursuant to the Loyalty Program Terms (as defined in Section 3(d)) and the terms of any applicable Promotion (as defined in Section 9), and that are loaded into an Account by iPro. Reward Coins, subject to the Loyalty Program Terms and the terms of any applicable Promotion, can be used in connection with the Site, without charge. Reward Coins have no cash value and cannot be transferred, exchanged, or withdrawn from an Account.
9. “Self-Excluded Individual” means an individual who is participating in a process to voluntarily exclude themselves from gaming sites, including the Site.
10. “Unutilized Funds” means any notional funds corresponding to Canadian dollars that are credited to your Account and have not been used by you, including winnings but not including Bonus Cash or Reward Coins.
11. “Username and Password” means a unique combination of identifiers created and used to identify a player each time they access their Account.

This Agreement incorporates by reference the terms, conditions, policies, statements and explanations of other documents, including:

1. the iPro responsible gambling and self-exclusion policy, available at: here (the “Responsible Gambling and Self-Exclusion Policy”);
2. the applicable terms for any Promotion (as defined in Section 9);
3. the iPro privacy policy, available at: here (the “Privacy Policy”);
4. the iPro loyalty program terms and conditions, available at: here (the “Loyalty Program Terms”);
5. any applicable website user agreement; and
6. any applicable mobile application user agreement.

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 iPro in its sole discretion:

1. you must only have one (1) Account;
2. you must be at least nineteen (19) years of age;
3. you must be fit to play before participating in any games or promotions and before placing any bets or wagers;
4. you must be physically located in Ontario each time you use the Site to participate in games, betting, wagering, and promotions;
5. you must not be an Excluded Individual;
6. you must agree to only access and/or use the Site on your own behalf, you must not act for or on behalf of any other person or entity when accessing and/or using the Site, and you must agree not to allow another person or entity to access and/or use the Site using your Account; and
7. you must submit true, complete and accurate information when providing registration information.

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 Section 4.1, 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. iPro, its third-party service providers, and applicable federal or provincial regulators, including the 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.

iPro may 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, iPro 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 iPro 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 iPro 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 iPro discovers that any of the Account Information associated with your Account is not true or is no longer accurate or complete, iPro may take all steps in relation to you and your Account that it determines to be appropriate, including suspending or deactivating your Account and/or disclosing all relevant information to the appropriate law enforcement authorities and other third parties that iPro determines to be appropriate.

All of your Account Information that is provided to or collected by iPro through your use of the Site shall only be used by iPro in connection with the Site and may be shared with the 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 iPro 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 or tournament (as defined in Section 9) and accept any prize related thereto, iPro may publish your screen name, town/city, the prize amount, game name, and pay date on the Site.

During registration, iPro 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 iPro and to otherwise confirm that you have satisfied the eligibility criteria.

In addition to the other disclosure rights set out herein, iPro 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, iPro may require you to provide additional information and documentation if iPro, in its sole discretion, determines that such additional information or documentation is: (a) required to comply with applicable laws or regulatory requirements, including the AGCO Standards and/or anti-money laundering rules and regulations; (b) considered necessary or advisable by iPro 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 Unutilized Funds. Without limiting the generality of the foregoing, you will be required to provide iPro with such information and documentation as iPro may request or require in order to comply with its FINTRAC reporting obligations. By providing such additional information or documentation to iPro, you will be deemed to represent and warrant to iPro that such information is true, accurate and complete.

iPro may, in its sole discretion and without liability, refuse to grant you an Account, suspend your Account, deactivate your Account, and/or prohibit you from using the Site if such additional information or documentation is not provided, if iPro is not satisfied for any reason with such information or documentation, or if iPro suspects that you are in breach of any of the eligibility requirements. In the event iPro deactivates your Account under this provision, without regard to a breach of this Agreement by you, iPro 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. iPro reserves the right to change your screen name at any time and for any reason in its sole discretion, and iPro 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 iPro containing a temporary PIN number. You must then enter that PIN during Account login in order to access your Account.

You may reset your password at any time by clicking on the “forgot password” link available through the Site, after which iPro will send a One Time Password code to the email address set out in the Account Information. By clicking on the password reset link and following the instructions provided, you will be able to select a new password. iPro 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, iPro 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 iPro 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:

1. your username;
2. the current notional balance of your Account, including Unutilized Funds, Bonus Cash and Reward Coins;
3. the financial transaction history associated with your Account; and
4. the game-play history associated with your Account.

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 iPro 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 iPro to be inappropriate (including by use of a nickname); (b) display, provide or transmit any content that is contrary to Section 12.3 or Section 18; or (c) threaten, bully, or otherwise harass any other user.

iPro 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 iPro set out herein, iPro may, in its sole discretion, require that a screen name be changed, remove any content that iPro deems to be non-compliant with the foregoing and/or 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.

In order to place bets and wagers on games, events or other interactions through the Site, you are required to have a positive notional balance of funds deposited and cleared in your Account. iPro 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. iPro 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 iPro’s ability to so notify you).

You can only use a deposit and payment method that has been approved by the 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 iPro shall be managed and administered by iPro 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 iPro 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 iPro in respect of any such funds.

In the event that iPro is owed any amount by you under or in accordance with the terms of this Agreement, iPro 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 iPro.

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 iPro 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, iPro or any of its third-party service providers, may take any or all of the following actions, in each case as iPro, in its sole discretion, determines to be appropriate:

1. suspend your Account pending resolution of any dispute relating to the Chargeback;
2. request that you contact Customer Support to explain the circumstances of the Chargeback;
3. debit the Unutilized Funds in your Account with the amount of the Chargeback and any applicable processing fees or charges. If the Unutilized Funds in your Account is not sufficient to cover the amount of the Chargeback and any applicable processing fees or charges, the outstanding balance will constitute a debt owed by you to iPro (a “Debt”), and iPro reserves the right to recover such Debt from you. If a Debt is owed by you to iPro, iPro may, in its sole discretion, suspend your Account until such Debt is paid in full;
4. deactivate your Account and exclude you from playing games or making any wagers on the Site (i.e., deem you to thereafter be an Excluded Individual); or
5. initiate a dispute resolution process with the relevant bank or financial institution, which may include iPro providing evidence relating to the deposit transaction and/or Chargeback to a payment processing service provider and/or a bank or financial institution.

In addition to any deposit limits that you may establish pursuant to Section 6.2, iPro may, in its sole discretion, restrict your ability to fund the notional balance of your Account, including by:

1. establishing minimum and maximum amounts of funds that may be deposited with iPro for the purpose of funding the notional balance of your Account on a transaction-by-transaction basis or during one or more time periods;
2. restricting your ability to change deposit methods during specified periods of time;
3. changing acceptable methods of payment; and/or
4. limiting the number of deposits that you can make for the purpose of funding the notional balance of your Account.

Subject to the deposit limits set by iPro pursuant to Section 6.1, you have the option to set gaming limits on your Account, both upon registration and at any time after registration, including:

1. deposit limits, where the amount you deposit into your Account is limited over a period of time chosen by you;
2. loss limits, where the amount lost (i.e., winnings subtracted from the amount spent) is restricted; and
3. breaks in play, where you may initiate a break in play and be unable to place further wagers for a period of one (1) day, one (1) week, one (1) month, two (2) months, or three (3) months, as chosen by you.

You may set the duration of any financial and/or time-based limits to a period of one (1) day, one (1) week, one (1) month, two (2) months, or three (3) months. If you set simultaneous limit periods (e.g., a deposit limit of one (1) day and one (1) week) the lowest limit period shall apply.

Where you have previously established a gaming limit, a request by you to relax or eliminate that limit may only be implemented by iPro after a cooling-off period of at least twenty-four (24) hours (the “Cool-Off Period”). During any Cool-Off Period, you will be prevented from engaging in interactive gaming, depositing funds into your Account, or making changes to your Account.

You have the option to participate in iPro’s voluntary and confidential self-exclusion program. Under iPro’s self-exclusion program, you may register to be excluded from gambling on the Site for a long-term period or permanently. More information on iPro’s self-exclusion program is available in the Responsible Gambling and Self-Exclusion Policy.

You may only place bets and wagers through your Account. iPro 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 iPro if they are accepted by the iPro server and made in accordance with both this Agreement and the rules applicable to the individual game or event. Until the iPro 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 iPro, its third-party service providers, and AGCO or any other applicable regulatory authorities of all betting and wagering communications you make through the Site.

iPro 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 the AGCO Standards. In circumstances where a bet or wager is deemed to be or is declared void by iPro, any sum deducted from your Account in relation to that bet or wager shall be re-credited to your Account. Should iPro decide to waive any rule for your benefit, it shall only be for that one instance and shall not set a precedent for the future.

Notwithstanding Section 13.2, iPro 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. If you notify iPro of an unresolved or undecided bet or wager on your Account, iPro may immediately and without notice void such bet or wager if it cannot be resolved or completed. If you do not notify iPro of an unresolved or undecided bet or wager on your Account, iPro may void such bet or wager, without notice, after twenty-four (24) hours from the original bet/wager placement date.

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:

1. If you have access to non-public information related to an event or if you may impact the outcome of an event or bet type, you are prohibited from betting on any event overseen by the relevant sport or event governing body;
2. If you are an athlete, coach, manager, owner, referee, or anyone with sufficient authority to influence the outcome of an event, you are prohibited from betting on events overseen by the relevant sport or event governing body;
3. If you are an owner (i.e., have direct or indirect legal or beneficial ownership of ten (10%) percent or greater) of a sport governing body or member team, you are prohibited from betting on any event overseen by the sport governing body or any event in which a member team of that sport or event governing body participates;
4. If you are involved in a sport or event, you may not be involved in compiling betting odds for the competition in which you are involved; and/or
5. If you are engaged in any form of collusion, cheating, fraud or criminal activity or otherwise exploit an unfair advantage involving any game or other component of the Site.

If you engage in one of the foregoing prohibited activities, iPro may inform the relevant sport or event governing body(s), the AGCO, iGaming Ontario, and/or any other entity with which it has an information sharing relationship of your participation in such a prohibited activity.

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 iPro 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. You will not be entitled to specify any other payment method or currency of payment for a withdrawal.

Notwithstanding the foregoing, it is your responsibility to submit the correct details for withdrawal payments. iPro 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:

1. your Account is suspended, unless iPro, in its sole discretion, determines that the withdrawal (in whole or in part) will be permitted; and/or
2. the withdrawal would result in you exceeding the maximum number of withdrawals of Unutilized Funds that you can make during a specified period of time, as identified by iPro from time to time.
3. you have not made at least one cash deposit.
4. before 15 days of your very first cash deposit.

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), iPro 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.

iPro may, in its sole discretion, refuse a withdrawal request if it suspects such withdrawal is made in breach of this Agreement. iPro will make reasonable efforts to promptly notify you of such refusal via the Account Information associated with your Account.

If you fail to provide iPro with, or fail to verify the authenticity of, any information requested pursuant to Section 8.1, iPro 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 iPro, 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, iPro 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. iPro 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, iPro may, in its sole discretion, whether for promotional purposes or otherwise, offer to deposit Bonus Cash into your Account, subject to your acceptance of the offer of 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 iPro, 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 the promotion or contacting Customer Support.

From time to time, iPro 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).

iPro 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 iPro 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. With respect to Reward Coins, 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:

1. the use of Bonus Cash is limited to slots, video poker games, or in connection with other games, as may be designated by iPro from time to time;
2. all Bonus Cash has a “play-through requirement” and must be wagered once before it can be converted into unrestricted, withdrawable Account funds (and be considered Unutilized Funds);
3. the Bonus Cash available with each Promotion is limited to one Promotion per Account; and
4. the Bonus Cash will expire in thirty (30) days or as defined in Promotion Specific Policy after issuance;

When you receive an offer from iPro 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 bank the Bonus Cash, it will be moved to a “bonus balance” in your Account and can be activated at a later date. Bonus Cash that has been banked can be activated at any time prior to its expiration date. All Bonus Cash from a particular Promotion must be activated at once and 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, iPro 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.

iPro may, from time to time, in its sole discretion, provide eligible players with Bonus Cash, in such amounts as may be determined by iPro, in its sole discretion (each, a “Customer Support Bonus”). The use of any Bonus Cash provided to an eligible player in connection with a Customer Support Bonus shall be subject to the terms of this Policy, including, without limitation, the Promotion Specific Terms attached hereto at Schedule “A”. 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. All game rules are hereby incorporated by reference into this Agreement.

iPro reserves the right, in its sole discretion, 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 can 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) can 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.

Random number generators tested and approved by the AGCO or other applicable regulatory authority and maintained by iPro and/or its third-party service providers will determine the outcome of all games available through the Site, which require random number generation.

In the event of a discrepancy between the results displayed on your computer and the game records on iPro’s server, iPro’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 iPro’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.

iPro 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, iPro 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 iPro accepts no liability resulting from same.

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, iPro 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 iPro 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 iPro.

You represent and warrant to iPro that you shall not:

1. upload, post, email, text, or otherwise transmit any Player Content (as defined in Section 18) that:
   1. is unlawful, harmful, threatening, misleading, deceptive, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable;
   2. you do not have a right to transmit, pursuant to any applicable law or contractual or fiduciary relationship; or
   3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
2. impersonate any person or entity, including a representative of iPro, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Player Content transmitted through the Site;
4. upload, post, email, text, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, including any information with respect to any online casino other than the Site;
5. knowingly or negligently introduce, or permit the introduction of, any virus, Trojan, worm, logic bomb or other material that is or would reasonably be expected to be malicious or technologically harmful to the Site or any component thereof;
6. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are reasonably able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
7. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
8. harass or otherwise “stalk” another user of the Site;
9. solicit, collect, or store personal information or data about other Site users, or disclose another user’s personal information or data to any third party;
10. use any “bots” in connection with the Site or “hack”, “crack”, or otherwise attempt to circumvent any access control, copyright protection, license-enforcement or other protective mechanisms associated with or related to the Site;
11. access the Site by any means except through the interface provided by iPro for access to the Site;
12. create or maintain any link from another website or application to any page or functionality on the Site;
13. run or display the Site or any information or material displayed on the Site in frames or through similar means on another website or application;
14. use artificial intelligence, including “bots” or “robots” in connection with the Site, including for the play of games; and/or
15. cheat, collude, or engage in other fraudulent, illegal, or restricted activity in your play of games through the Site.

iPro assumes no responsibility for monitoring the Site for inappropriate submissions or conduct but reserves the right to do so. If at any time iPro chooses, in its sole discretion, to monitor the Site, iPro nonetheless assumes no responsibility for any Player Content.

You are prohibited from engaging in, and are required to immediately notify iPro 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 iPro 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. iPro shall have the right to immediately deactivate your Account if you have cheated, colluded or acted unfairly towards another user. In addition, iPro 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 iPro 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”).

iPro reserves the right to correct any Error in the manner that it deems appropriate in the circumstances, and iPro’s decision shall be final and binding, subject to Section 20.3. If iPro suspects that an Error has occurred, any payout to you may be delayed while such suspected Error is investigated by iPro.

Neither iPro 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. iPro 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 iPro 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 iPro. iPro 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 iPro’s reasonable instructions. Further, any subsequent bet or wager made by you may be deemed by iPro to have been made using the Error Funds, in which case: (a) iPro 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 iPro; and (c) upon iPro making a demand for the return of such winnings, you will immediately return the winnings to iPro, in accordance with iPro’s reasonable instructions.

If you become disconnected from the iPro servers and/or the Site at any time, and for any reason, during a game play session, the following provisions will apply:

1. if no additional action or input is required by you at the time of disconnection, the game will produce a final outcome, and when you reconnect to the Site or servers, such final outcome will be available for your review in the history for the game; or
2. if additional action or input is required by you at the time of disconnection in order to complete the game, the game will not produce a final outcome and when you reconnect to the Site or servers, you can return to the game to complete such action or input as is necessary to produce a final game result.

It may be necessary for iPro to suspend the Site, in whole or in part, from time to time, in order to carry out upgrades, repairs and maintenance. iPro shall not be liable if the Site is unavailable at any period of time or for any reason. iPro 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 8 and documentation requirements in Section 4.6, iPro 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 iPro 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 iPro for such re-opening, and such re-opening is approved by iPro.

Subject to the withdrawal requirements in Section 8 and documentation requirements in Section 4.6, if you close your Account and Unutilized Funds remain in your Account at that time, iPro 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 iPro from time to time.

iPro reserves the right to deactivate or suspend your Account at any time and for any reason, including at the request of the AGCO or iGaming Ontario. Without limiting the foregoing, if iPro 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 behaviour to other users or iPro employees, identity fraud, or any other improper use of your Account, iPro may take any or all of the following actions:

1. issue a warning to you;
2. immediately, either temporarily or permanently, terminate your ability to use the Site, including logging in or accessing your Account or withdrawing any Unutilized Funds;
3. immediately, either temporarily or permanently, remove of any of your Player Content (as defined in Section 18) from the Site; and/or
4. disclose information regarding your breach of this Agreement to law enforcement authorities or other third parties that iPro deems appropriate.

If iPro 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, iPro’s decision in any matter relating to your Account and your use of the Site is final.

If iPro 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 bank account that is associated with your Account (subject to the withdrawal requirements in Section 8 and documentation requirements in Section 4.6). In the event that no bank account is associated with your Account, or if iPro is not able to successfully deposit the Unutilized Funds in such bank account, iPro will use its reasonable efforts to contact you using your Account Information. If iPro is unable to contact you, then iPro will retain the Unutilized Funds until iPro 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:

1. any scheduled wagers, bets or purchases that have not been completed prior to the closure or deactivation will be cancelled;
2. you will not be entitled to receive any offers for new Bonus Cash or Reward Coins, and any existing Bonus Cash and Reward Coins associated with your Account will be cancelled and you will not be entitled to receive any compensation in respect of the cancelled Bonus Cash and/or Reward Coins; and
3. this Agreement will terminate, except for those provisions which by their nature are intended to survive the termination of this Agreement.

You acknowledge that iPro 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 iPro 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 iPro 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, iPro will retain all 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, the regulations thereunder, the AGCO Standards, and any other applicable law.

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 iPro), 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 iPro for posting, is your sole responsibility and is made available to iPro 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.

To the fullest extent permitted by applicable law, under no circumstances will iPro 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 iPro of such Player Content. iPro 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 iPro 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 iPro determines is inappropriate or disruptive to the Site or to any other user of the Site. iPro 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, iPro 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 iPro’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 iPro, 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 iPro and its designees a royalty-free, worldwide, fully paid up, perpetual, irrevocable, non-exclusive, assignable and fully sub-licensable right and licence 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 deactivation of your Account or termination of this Agreement.

You specifically waive all moral rights in and to your Player Content in favour of iPro 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 iPro 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 licence 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) iPro is free to implement the Player Content, as provided or as modified by iPro, 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 iPro 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 iPro 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, iPro 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 “iPro Content”). Under no circumstances may you download or use any iPro Content without the prior written consent of iPro. 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 iPro Content. The use or posting of any iPro 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, iPro hereby grants you a personal, non-exclusive, non-transferable and non-assignable limited licence to use the Site, including any software download in connection therewith during the term of this Agreement. Except for the licence expressly granted hereunder, no rights, licences, or permissions are granted or may arise in relation to the Site or the iPro Content, whether expressly, by implication, estoppel, or otherwise. All rights, including all intellectual property rights, not expressly granted under this licence are hereby reserved to iPro 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 licence remains effective until termination of your Account or upon notice by iPro for any reason. Upon termination of this licence, 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, iPro 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 iPro’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 iPro to be, a material breach, then in addition to the other rights and remedies of iPro, iPro 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:

1. suspend your Account until such time as the breach is remedied to iPro’s satisfaction;
2. request that you contact Customer Support to explain the circumstances of the breach, or to provide such information and documentation relating thereto as iPro may request;
3. deactivate your Account and exclude you from using the Site;
4. notify any third parties that iPro, in its sole discretion, determines to be appropriate in the circumstances, including law enforcement authorities and other third parties, such as police services, the AGCO, iGaming Ontario and iPro’s payment processors; and/or
5. retain any or all of your Unutilized Funds to the extent necessary to compensate iPro for its actual and/or potential losses and liabilities resulting from such breach.

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 iPro more than twelve (12) months following the date on which the event or game was completed.

iPro’s records, as maintained on iPro’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 iPro server, the result that appears on the iPro server will prevail.

If you wish to make a complaint about iPro or any aspect of the Site, you may do so by contacting Customer Support. You may also contact the AGCO using the contact information in Section 24.2.

Subject to Section 21.2, you expressly understand and agree that, except as otherwise provided by applicable law, iPro’s and its affiliates’ and their respective shareholders, officers, directors, members, employees, agents, contractors and partners’ (collectively, the “iPro 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.

Notwithstanding Section 21.1, in no event will the iPro Parties be liable for any loss or damage suffered by any person as a result of:

1. the use of, reliance on, or inability to use the Site, including any liability: (i) as a publisher of information; (ii) for any marketing of the Site; (iii) for any defective feature, function, or component of the Site; (iv) for any incorrect or inaccurate information; (v) for any unauthorized access to or disclosure of transmissions or data; (vi) for statements or conduct of any third party on the Site; or (vii) for any other matter relating to the Site;
2. the operation of the Site, including the failure of the Site to operate properly or at all;
3. the participation by any person in, or any failure, negligence or wrongdoing by any iPro Party in respect of, any responsible gambling program operated by any of the iPro Parties, including: (i) the self-exclusion program or player breaks; (ii) deposit limits; (iii) financial limits and budgets; (iv) playing time reminders; or (v) self-assessment tools or risk profiles;
4. the failure of any iPro Party to: (i) process or record a purchase; (ii) process, receive or record a payment for a ticket; (iii) display an accurate purchase confirmation in your Account; or (iv) otherwise complete a transaction; or
5. any bet or wager erroneously or unintentionally made by you.

In no event shall the iPro 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 iPro 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 iPro 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 iPro 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 iPro of the error, and you shall repay any such overpayment to iPro (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 iPro 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 iPro 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 iPro.

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 iPro Parties expressly disclaim all representations and warranties of any kind, whether express or implied, with respect to the Site and any iPro 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, iPro 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 iPro Parties shall not be subject to liability for the truth, accuracy, or completeness of any iPro 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 iPro Content is at your own risk.

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 iPro 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 iPro 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 iPro 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 21.2; or (e) your Player Content.

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. iPro is not responsible for any surcharges you incur as a result of opting-in or opting-out of such communications.

You may contact iPro at any time should you have questions or need assistance. To provide better service and for your protection, telephone conversations, chats, and emails may be recorded and/or monitored by designated staff. You can contact Customer Support as follows:

1. by using real-time chat, available 24/7 through the Site;
2. by email at: support@casinodond.com. iPro will endeavour to respond to emails within two (2) hours during iPro’s normal business hours. If the email address from which iPro receives a message does not correspond to the email address that is included in the Account Information, iPro will not provide any information relating to the Account when responding to such email. In such circumstances, you may be required to contact iPro by telephone;
3. by telephone at: 1-833-477-6847; or
4. by mail at: iPro Games Canada, Inc., 5800 Ambler Drive, Suite 210, Mississauga, Ontario L4W 4J4.

If you have a complaint or issue relating to the Site, your Account, funds management, game play or iPro’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, iPro management may intervene to try and resolve any outstanding issues.

iPro reserves the right to provide a copy of your complaint and any relevant documentation to the AGCO, iGaming Ontario and/or any other applicable regulatory authority.

iPro is an agent of the AGCO. You may contact the 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)

iPro, or anyone acting on behalf of iPro, shall be entitled to contact you with respect to any matter contemplated in this Agreement by using any of your Account Information, including by way of email or telephone.

iPro operates the Site from the United States. It makes no claims concerning whether the Site, including any iPro 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 in the United States.

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 iPro 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 iPro irrevocably attorn 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 iPro 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 iPro 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 iPro’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 iPro. iPro 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.