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These Terms and Conditions apply to, and are binding upon you if you participate at the Casino. These Terms and Conditions replace any pre-existing Terms and Conditions that appeared on this Casino Website. In these Terms and Conditions:

  • "Account" means a unique Account that has been issued by the Casino;
  • This "Agreement" means these Terms and Conditions;
  • The "Casino" means the casino situated at the Casino Website and owned and/or operated by us;
  • "Casino Website" means Red Flush or any derivative thereof;
  • "Charge-back" means when you, or a credit card issuing bank, or any other third party payment solutions provider effects a reversal of charges in relation to your credit card or third party deposit transaction;
  • "Locked Account Player" means a Player who has a Locked Player Account;
  • "Locked Player Account" means an Account that has been locked, closed, deregistered or excluded by either us or you;
  • "Dormant Account" means an Account that has been inactive for a period of 6 (six) months or more;
  • "Dormant Player" means a Player who has a Dormant Account;
  • "Guest Player" means a Player who utilizes free-play casino credits with no monetary value to place wagers at the Casino;
  • "Participate" means, without limitation, any of the conduct described in 4.1.1 to 4.1.7 below and visiting the Casino Website and/or playing any games offered by the Casino at the Casino and/or utilizing the Casino and/or Casino Website and/or the Software in any manner whatsoever;
  • "Player/s" mean(s) a Real Player and/or a Guest Player and/or a Dormant Player and/or a Closed Account Player;
  • "Real Player" means a Player who utilizes his own money to place wagers at the Casino;
  • The "Service" means the availability to, and provision of Software that enables you to gamble at the Casino using the Internet;
  • "Software" means any software owned by or licensed to us that must be downloaded in order for you to participate at the Casino and/or any Flash Games versions of the software that do not need to be downloaded;
  • "We/us/our" means, Digamma Limited, Malta company registration number C45651, which is the owner and operator of the casino and poker room website and its group companies.
  • "Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work.

1. Your Participation at the Casino

1.1. Participation

1.1.1. Participation at the Casino is at your sole option, discretion and risk.

1.1.2. You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at the Casino.

1.1.3. You may only participate at the Casino if it is legal for you to do so within Your Jurisdiction.

1.1.4. In addition to the provisions of 1.1.3 above, you may only participate at the Casino if you have attained the legal age of majority within Your Jurisdiction.

1.1.5. We do not warrant the legality of your participation at the Casino in terms of the laws of Your Jurisdiction.

1.1.6. We have the right to request that you furnish us with proof of your identity and age as a prerequisite of your participation at the Casino and at any time throughout Your participation at the Casino.

1.1.7. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency. The agency may, at its discretion and according to its policies, keep appropriate records of such information.

1.1.8. You hereby agree to hold no more than a single real account at the casino. Any sale or transfer of accounts between players is prohibited.

1.1.9. Participation on credit is prohibited at Red Flush.

1.2. Your Warranties

1.2.1. You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into this Agreement and throughout the currency hereof, that you:

1.2.1.1. are legally able to participate in the Casino within Your Jurisdiction;

1.2.1.2. are an "adult", having attained the age of majority within your Jurisdiction;

1.2.1.3. shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account/s that you hold at the Casino, utilize the Software or accept a prize from the Casino;

1.2.1.4. have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately via e-mail should such details change;

1.2.1.5. are the true and lawful owner of the monies that you wager at the Casino. If using a credit or debit card, the Cardholder's name MUST be the same as the name used when registering with the site. Where this is not the case the account may be suspended. Where an account is suspended, You should contact Customer Support for details of our verification process. Any withdrawals that are made by bank wire or cheque will only be payable to the name used when registering with the site and if a debit or credit card has been used to deposit funds the name must correspond to the name registered on the card;

1.2.1.6. shall not deposit nor wager any monies at the Casino that are derived in any manner whatsoever from illegal activities contemplated in 1.6 below;

1.2.1.7. shall pay all monies owed to the Casino directly to the Casino and, in respect of payment, shall not charge-back, deny, reverse and/or countermand any such payments;

1.2.1.8.shall ensure that any monies owed by you to the Casino are paid to the Casino and a payment to any third party (irrespective of whether the third party is acting as an agent for you or the Casino) shall not constitute a discharge thereof until the said monies have actually been received by the Casino. A breach hereof may result in a refusal by the Casino to pay any cash-in;

1.2.1.9. have read and understood these Terms and Conditions.

1.3. Refusal to Register, Deregistration, Exclusion & Suspension

1.3.1. We may refuse to register you as a Player or elect to deregister and exclude you or suspend you as a Player from the Casino at any time if we deem that your participation at the Casino is, shall be or has been previously, fraudulent, illegal, abusive, collusive, or in any way irregular (as detailed in clause 31 of our Promotional Terms and Conditions).

1.3.2. You acknowledge hereby that the Casino is not obliged to give you prior notice of its decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.
1.3.3. If becomes aware that a player is underage, we will, except where there are grounds to believe that a fraud has been perpetrated:

1.3.3.1. Suspend the account immediately;

1.3.3.2. Void all wagers that have taken place

1.3.3.3. Refund the value of all deposits net of withdrawals; and

1.3.3.4. Close the account.

1.3.4. If you feel that you are losing control of your play and would like help by restricting access to our casinos, you may choose to be excluded from the casinos for either 24 hours or six months. If you choose either of these options, you will not be able to log in to our casino software during the exclusion period. The casino will make every effort to ensure that you are blocked from entering the site. We will also take all reasonable steps to ensure you do not receive any promotional material during this time.

1.4. Consequences of Deregistration, Exclusion or Suspension

1.4.1. If we deregister or exclude or suspend you from the Casino we shall have the right to:

1.4.1.1. withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, casino credits, payouts or the like; and/or

1.4.1.2. exclude you from all or any other Casinos and/or Poker Rooms in the group of Casinos of which the Casino is a member; and/or

1.4.1.3. solely determine what criteria you shall have to meet in order to establish a New Account at the Casino; and/or

1.4.1.4. in the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:

1.4.1.4.1. furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collections agency for the recovery of any sums that you owe us. You hereby irrevocably authorize us to do so in our absolute discretion, and/or

1.4.1.4.2. have forfeited to us any contested funds that may be derived by you from fraudulent, illegal or similar misconduct.

1.5. Dormant Accounts

1.5.1. It is recorded that the provisions of this Clause 1.5 only apply if all of a Real Player's Accounts at the Casino and Poker Rooms constitute Dormant Accounts.

1.5.2. Accounts that remain inactive for at least 30 months shall be deemed to be dormant accounts. All efforts shall be made to transfer any balance in a dormant account to the respective account holder, failing which such balance shall be transferred to the Kahnawake Gaming Commission.


1.5.3. Notwithstanding meeting any play through requirement, in our sole and absolute discretion, you may lose any bonuses and winnings derived from such bonuses if such moneys remain unused by you at the Casino for a period of six months from the date on which such bonus(es) were awarded.
1.5.4. For the purpose hereof all Loyalty points awarded shall be construed to be Bonuses

1.6. Money Laundering

1.6.1. It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Casino to facilitate criminal activity.

1.6.2. If we have knowledge or suspicion envisaged in 1.6.1 above we may:

1.6.2.1. immediately suspend, deregister or terminate your Account at the Casino; and/or

1.6.2.2. at our sole discretion, not refund to you any funds held in such Account; and/or

1.6.2.3. exclude you from all or any other Casinos and/or Poker Rooms in the group of Casinos of which the Casino is a member; and/or

1.6.2.4. furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorize us to do so in our absolute discretion.

1.6.3. We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion, determine that we are obliged, by law, to do so.

1.6.4. In order to assist in the prevention of money laundering:

1.6.4.1. no cash shall be accepted to fund any Account at the Casino;

1.6.4.2. no substantial and/or exceptional withdrawals individually and cumulatively shall be made unless notarised facsimile copies of at least 2 (two) of the following are received:

Your:

1.6.4.2.1. most recent bank statement for the bank account from which your wagers have been paid;

1.6.4.2.2. driver's license;

1.6.4.2.3. social security card or a similar document containing a photographic identification of you;

1.6.4.2.4. current and valid passport; or

1.6.4.2.5. utility bill (e.g. gas, water, telephone etc) bearing your name and your address registered with us.

1.6.4.3. notwithstanding the aforegoing, we additionally reserve the right to require any of the above documentation at any time during our dealings for the purposes of identity verification.

1.7. Publicity

1.7.1. If, whilst playing at the Casino, you win a sum of money or any other prize regarded by the Casino as worthy of publicity, you agree to make yourself available for any event of any kind arranged by the Casino in order to publicise your win and any such prize. You hereby give the Casino permission to utilize your name, photograph and the content of any interviews relating to your win and any such prize. Furthermore, you hereby waive all rights in any of these materials and agree that all rights in and to such materials will belong to the Casino. The Casino will do its utmost to protect your privacy at all times.

1.7.2. For further information on our privacy policy please see the relevant link on this Casino Website.

2. The Service

2.1. The Service and the Software are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.

2.2. We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us.

2.3. We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail or in writing to Customer Support.

2.4. Although we shall take all reasonable measures to ensure that the Software and files are free from computer viruses we cannot and do not guarantee that the Software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.

2.5. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.

2.6. In the event of a Casino system malfunction all bets are void.

2.7. In accordance with clause 4.2 below, we will not be liable to you for any loss that you may incur as a result of such suspension or delay.

 

3. Shared Environments

3.1. We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at the Casino where such Accounts originate from environments where computers are, or the environment is shared.

4. Indemnity & Limitation of Liability

4.1. You indemnify and hold harmless the Casino, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Casino and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at the Casino. The nature of your participation shall include, but not be limited to, inter alia:

4.1.1. visiting, use or re-use of this Casino Website;

4.1.2. use or re-use of any materials at, or obtained from, this Casino Website or any other source whatsoever;

4.1.3. entry, use or re-use of the Casino Website server;

4.1.4. facilitating or making a deposit into your Account at the Casino;

4.1.5. wagering or gaming at the Casino;

4.1.6. acceptance and use of any win, prize at or from the Casino;

4.1.7. use or re-use of the Casino software, whether downloaded from the Casino Website or by any other means or through any other medium.

4.2. In no circumstances whatsoever shall the Casino, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Casino and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).

5. Promotions & Competitions

5.1. It is recorded that the Casino shall, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.

5.2. These Terms and Conditions apply to any competition or promotion.

5.3. In the event of a conflict between these Terms and Conditions and the promotion or competition-specific Terms and Conditions, the promotion or competition-specific Terms and Conditions shall prevail but only to the extent that the Terms and Conditions conflict with one another.

6. Rules of Play

6.1. In addition to these Terms and Conditions certain Rules of Play shall apply to you and be binding upon you in respect of your participation at the Casino.

6.2. You hereby agree to be bound by the aforementioned Rules of Play as if they were specifically incorporated into these Terms and Conditions.

7. Intellectual Property

7.1. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Casino Website and the Software and all content derived from the Casino Website and the Software, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Terms and Conditions and with Microgaming's End User License Agreement (EULA).

7.2. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Casino Website and the Software shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

7.3. You acknowledge and agree that the material and content contained within the Casino Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.

8. Mobile Casino

When playing on the Mobile Casino, the following additional terms shall apply:

8.1. Network Operator and Other Charges
You are solely responsible for any connection, use or other charges levied by your network operator when you register to play the Games, download the Software, place Bets or communicate with us. These charges shall form no part of any Bets placed.

8.2. Viruses and data integrity
Neither the Casino, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino Software will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data. Neither the Casino, nor its parent, affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino is error free or will operate without packet loss or interruption, nor does the Casino warrant any connection to or any transmission over the Internet.

8.3. Connectivity
You (the Player) are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of the Casino.
 

9. General

9.1. Amendment

9.1.1. The Casino may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") these Terms and Conditions, the promotion or competition-specific Terms and Conditions or Rules of Play at any time whatsoever.

9.1.2. These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Casino Website.

9.1.3. You agree to regularly review these Terms and Conditions, promotion or competition-specific Terms and Conditions and the Rules of Play regularly in order to assess whether any Changes have been made.

9.2. Eligibility
The Casino's employees, subsidiaries and affiliates connected to any referral programs linked to the Casino, advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at the Casino as a Real Player.

9.3. Severability
If any part of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.

9.4. Non-Waiver
No indulgence granted by the Casino to you should be construed as a waiver of any of our or the Casino's rights in terms of these Terms and Conditions.

9.5. Third Parties
Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights on any persons not party to these Terms and Conditions.

9.6. Assignment
We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Terms and Conditions.

9.7. Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.

9.8. Interpretation
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.

9.9. Applicable Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by Kahnawake law and shall be subject to the non-exclusive jurisdiction of the Kahnawake superior courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.

9.10. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against the Casino shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.

9.11. In the event of a conflict between the English terms and conditions and other language versions, the English version shall prevail.

9.12. Scratchcard Refunds
In any Scratchcard game in which You participate the Scratchcard shall be deemed to have been utilised immediately upon the purchase thereof. Under no circumstances whatsoever shall You be entitled to a refund for, or substitution of, any Scratchcard procured by You whether You have proceeded to 'scratch' and reveal the underlying symbols or not.


Digamma Limited will endeavour to resolve all disputes in a timely and responsible manner however where a dispute remains unresolved you are entitled to file a complaint with the Kahnawake Gaming Commission at complaints@gamingcommission.ca

Version 2016/1 - These terms were last updated on 07/09/16
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