1. General

1.1 The Terms set out below apply to persons who wish to create a gaming account on TivoliCasino.com or who wish to participate in gaming on Theeverleigh.ca. Persons wishing to create a gaming account must register as an account holder (further on “Player”) in order to participate in games on Theeverleigh.ca.

1.2 By creating a gaming account at Theeverleigh.ca, the Player enters into a contract with Theeverleigh.ca on the terms and conditions set out below.

1.3. The terms and conditions apply to all games offered by Theeverleigh.ca. In addition, the game rules applicable to Theeverleigh.ca games from time to time shall apply, subject to any limitations arising from these Terms.

1.4 The Everleigh Casino reserves the right to amend the Terms at any time. If The Everleigh Casino changes the terms accepted by the Player, the Player will be informed in writing.

2. Registration

2.1. Registration as a player with The Everleigh Casino can only be made by a person who

– has a Canadian ID

– is at least 18 years of age

– has not been declared personally bankrupt, and

– is not under guardianship or incapacitated

The Player is obliged to immediately inform The Everleigh Casino if one or more of the above requirements are no longer met.

2.2 Registration as a player with The Everleigh Casino must be done by creating a user name and password and providing the name, address and social security number. The Player must also state his expected playing volume.

2.3 Upon registration, The Everleigh Casino will check whether the Player is registered in the Register of Voluntarily Excluded Players. If this is the case, the gaming account and the customer relationship with The Everleigh Casino cannot be created.

2.4. ID must be used when logging into the gaming account via theeverleigh.ca. When logging into the gaming account from technical platforms where it is not technically possible to use ID, the user name and password must be used.

2.5 It is the Player’s own responsibility to ensure that all information provided in connection with registration is correct. In the event of any changes to the information provided by the Player in connection with the registration on theeverleigh.ca or subsequently, the Player is obliged to make such changes, if any, via theeverleigh.ca or to contact The Everleigh Casino Customer Centre. It is the Player’s responsibility to check that the changes made are correct.

2.6 Missing or incomplete information may mean that a selected action cannot be carried out, including the Player not participating in the game, or that deposited funds cannot be paid into the Player’s bank account. Furthermore, winnings shall, in all cases, be forfeited in accordance with the relevant provisions of the gaming rules.

2.7 The Everleigh Casino validates ID information, and in the event of any discrepancy between the information provided and the information contained in the register, the gaming account will be temporary until the discrepancy has been investigated and resolved. The temporary nature of a gaming account means that there is a maximum limit on transfers to the gaming account and that no money can be paid into or out of the gaming account.

2.8 The Everleigh Casino reserves the right to correct the information provided by the Player if there is a discrepancy between the information provided by the Player and the information contained in the register.

3. Processing of personal data

3.1. The Everleigh Casino as data controller, complies with the legislation in force at any time regarding the processing of personal data. When the Player uses theeverleigh.ca, The Everleigh Casino processes the Player’s personal data in accordance with applicable legislation and in accordance with The Everleigh Casino’s privacy policy.

4. Blocking etc.

4.1 The Everleigh Casino may at any time and without notice block the Player’s gaming account in whole or in part.

4.2 Such blocking may occur, for example, if the Player has provided false information or otherwise breached his obligations, including these Terms, to The Everleigh Casino.

4.3 The Everleigh Casino may also block the Player’s gaming account if the Player’s gaming pattern – in The Everleigh Casino’s opinion – has the character of inappropriate gaming behaviour.

4.4 The Everleigh Casino may also restrict the Player’s deposit possibilities or block the Player’s gaming account (and/or, as the case may be, restrict deposit possibilities, cancel settled games and return deposits, prizes and paid-out funds) if one or more of the following circumstances are established or suspected:

– Solicitation or aiding and abetting of cheating, including match-fixing, fraud, deception, or other illegal activity

– Money laundering or terrorist financing

– Gambling against oneself

– Violation of applicable chat rules

– Attempting to hack the Player’s gaming account or the gaming accounts of other players

– Use of applications, robots or similar to influence or automate the game and its associated functionalities

– Misuse of the Player’s game account

– Use of other players’ game accounts, contact, personal and/or login details

– Police, court or regulatory authority request

– Other improper conduct which, in the opinion of The Everleigh Casino, is contrary to the intention of the game and the associated functionalities

4.5 The Everleigh Casino may also block the Player’s gaming account if The Everleigh Casino deems this necessary for technical or security reasons.

4.6 The Player’s gaming account may be blocked regardless of whether the above actions occur or are suspected based on the Player’s activities via theeverleigh.ca or The Everleigh Casino’s other gaming offerings.

4.7 The Everleigh Casino shall not be liable for any losses resulting from the blocking.

5. Liability

5.1 The gaming account is personal, and the Player may only act on his/her own behalf. A breach of this constitutes a breach of these terms.

5.2. The Player is obliged to store and use his ID login details, user name, and personal password safely and securely so that others do not become aware of them and cannot use them.

5.3. The Player is responsible for all transactions and profile changes if the Player has made the transaction himself/herself or if the transaction has been made possible by the Player’s reckless or negligent conduct.

5.4 If the Player suspects that unauthorized gaming is being conducted from the Player’s gaming account, the Player must immediately contact The Everleigh Casino, which will then block the Player’s gaming account. Once The Everleigh Casino has confirmed the blocking of the Player’s gaming account, the Player is no longer liable for misuse of the Player’s gaming account.

5.5 The Everleigh Casino shall not be liable for circumstances beyond The Everleigh Casino control, including unforeseeable and external events, resulting in communication to and from The Everleigh Casino systems not being possible and/or games not being completed.

6. Use of gaming account

6.1 The Player must transfer funds to his/her gaming account before it is possible to purchase games via theeverleigh.ca. No interest is earned on the gaming account.

6.2 Deposits to the Online Gaming Account may only be made using the means of payment approved by The Everleigh Casino, and only to the extent that The Everleigh Casino permits.

6.3. The Everleigh Casino does not accept bets on credit.

6.4 Withdrawals and deposits can be viewed on the gaming account for a period of 3 months after the entry has taken place. In case of discrepancies, the Player must immediately notify The Everleigh Casino customer centre.

6.5 Deposits to the Player’s gaming account and withdrawals from the gaming account to the Player’s bank account may be subject to a transaction fee by The Everleigh Casino. The fees applicable at any time will be displayed on theeverleigh.ca.

6.6. The minimum deposit and withdrawal amount is CAD 30.

7. Payment of deposits and repayment

7.1. Payment of any funds held in the Player’s gaming account will be made to the Player’s account.

7.2. Funds on the gaming account can be withdrawn using the withdrawal function on “My Account” or by contacting the Customer Centre. Withdrawals can be made no more than once a day. Upon closure of the gaming account, any funds held will be returned to the Player’s bank account.

7.3 Any winnings will be available in the Player’s gaming account as soon as possible after the game is closed.

7.4 If it turns out that a winnings transfer to a player’s gaming account or a payout of deposited funds to a player’s bank account is due to an error, e.g. because the basis for the payment of the winnings turns out to be incorrect, or there is cheating or another breach of the game rules or these terms and conditions etc. on the part of the Player, The Everleigh Casino is entitled to withdraw the amount paid from the gaming account or bank account. Withdrawal from the gaming account may be made regardless of whether there is the cover for this in the Player’s gaming account.

7.5 If the bank withdraws the Player’s transfer of funds to the gaming account after the transferred amount or part thereof has been used for the purchase of games, and The Everleigh Casino is also entitled to withdraw an amount corresponding to the amount wagered from the gaming account, regardless of whether there is the cover for this in the Player’s gaming account.

7.6 If a withdrawal of funds by the bank incurs costs for The Everleigh Casino, whether this is due to misuse of a payment card, insufficient funds on the payment card used or for any other reason, The Everleigh Casino reserves the right to withdraw an amount corresponding to the costs incurred from the Player’s gaming account.

7.7 If in the above cases, there is no cover for the amount on the Player’s gaming account, The Everleigh Casino is entitled, at the earliest opportunity, to offset the outstanding amount against the Player’s transfer of funds to the gaming account or against any winnings deposited into the gaming account.

7.8 If a Player has funds outstanding on either a passive, suspended or periodically self-excluded account, the funds will remain outstanding on the Gaming Account. If the Player wishes to have the funds paid into his/her bank account, the Player must contact The Everleigh Casino Customer Centre, after which the funds can be transferred to the Player’s bank account.

7.9 A player may resume an interrupted game within 90 days from the day the game was not completed. During this period, the stake for the unfinished game in question will be considered as an ongoing stake for this game. Games that are not completed will appear under the “Game History” tab in the “My Account” section for 90 days, after which the game will be cancelled, and wagers from those games will be refunded to the Player’s gaming account.

7.10. The Everleigh Casino reserves the right to refund any amounts in accordance with the above on the basis of the Player’s activities both via theeverleigh.ca and via The Everleigh Casino’s other group gaming offerings.

7.11 If a player has funds in his/her gaming account after final self-exclusion, the funds will immediately thereafter be paid into the Player’s account.

7.12. The Everleigh Casino reserves the right at any time to refuse a request for withdrawal or return of funds to the Player’s bank account if, in The Everleigh Casino opinion, there is a case of cheating, payment card abuse, breach of the game rules or these terms.

7.13. The Player may request that an amount be transferred from the Game Account to an account other than the Player’s Account. In such cases, The Everleigh Casino Customer Centre must be contacted directly, and the Player will be subject to extended documentation requirements.