AGREEMENT TO OUR LEGAL TERMS
These Terms of Service, together with any documents expressly
incorporated by reference, constitute a legally binding agreement between you and VR Studio sp. z o.o.,
of Jozefa Dietla 50, 31-039 Krakow, Poland, operating ONLINE CASINO CANADA RANK through
https://onlinecasinocanadarank.com/ (collectively, the “Platform”, “we”, “us” or “our”), and you,
whether acting in your personal capacity or on behalf of another person or entity (“you” or “your”), and
govern your access to and use of the Site and all related pages, content, comparison tools, rankings,
reviews, editorial materials, communications, features and functionalities that link to or are governed
by these Terms of Service (collectively, the “Services”).
ONLINE CASINO CANADA RANK is an
informational comparison and review platform dedicated to online casinos and casino-related content
lawfully accessible to users in Canada. THE SERVICES DO NOT CONSTITUTE, AND MUST NOT BE CONSTRUED AS
CONSTITUTING, GAMBLING SERVICES, BETTING SERVICES, GAMING OPERATIONS, PAYMENT SERVICES, FINANCIAL
SERVICES, OR ANY FORM OF INTERMEDIATION IN RESPECT OF STAKES, DEPOSITS, WITHDRAWALS, PRIZES, OR GAMBLING
TRANSACTIONS. We do not own, manage, control or operate any online casino, sportsbook, betting site or
gaming platform, and we do not accept wagers, process deposits or withdrawals, open player accounts for
gambling, hold player funds, extend credit, or determine the outcome of any game of
chance.
IMPORTANT NOTICE: THE SERVICES MAY INCLUDE RANKINGS, REVIEWS, BONUS SUMMARIES,
PROMOTIONAL INFORMATION, COMMERCIAL DISCLOSURES, AFFILIATE LINKS, AND REFERENCES TO THIRD-PARTY
OPERATORS. SUCH MATERIAL IS PROVIDED FOR GENERAL INFORMATION, COMPARISON AND EDUCATIONAL PURPOSES ONLY.
IT DOES NOT CONSTITUTE LEGAL, FINANCIAL, INVESTMENT OR GAMBLING ADVICE, AND MUST NOT BE RELIED UPON AS A
SUBSTITUTE FOR INDEPENDENT DUE DILIGENCE OR FOR REVIEW OF THE APPLICABLE OPERATOR TERMS, LICENCE STATUS,
GAME RULES, BONUS CONDITIONS, OR REGULATORY DISCLOSURES.
By accessing, browsing or using the
Services, you acknowledge that you have read, understood and agreed to be bound by these Legal Terms in
their entirety. IF YOU DO NOT AGREE TO THESE LEGAL TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES AND
MUST CEASE USING THEM IMMEDIATELY.
Supplemental terms, policies, notices and disclosures that we
publish on or through the Services from time to time, including our Privacy Policy, Cookies Policy and
Responsible Gambling materials, are hereby incorporated by reference and form part of these Legal Terms
to the extent stated by us.
We may amend, update or replace these Legal Terms from time to time
in accordance with Section 24. The “Last updated” date above indicates the effective date of the current
version. Your continued access to or use of the Services after revised Legal Terms become effective
constitutes your acceptance of those revised Legal Terms.
ADULT-ONLY ACCESS REQUIREMENT. The
Services are intended solely for persons who have reached the legal age required to engage with
gambling-related informational content and to lawfully access the referenced gambling services in their
applicable Canadian jurisdiction, and in all cases not less than eighteen (18) years of age. BY
ACCESSING OR USING THE SERVICES, YOU REPRESENT, WARRANT AND COVENANT ON A CONTINUING BASIS THAT YOU
SATISFY THESE AGE REQUIREMENTS, THAT YOU ARE NOT A MINOR, AND THAT YOU ARE LEGALLY PERMITTED TO ACCESS
THE SERVICES AND ANY THIRD-PARTY OPERATOR WE REFERENCE IN YOUR JURISDICTION. The Services are not
directed to children or minors, and we do not knowingly seek to collect personal information from
children or minors.
CANADIAN LEGAL AND REGULATORY POSITION. The Services are directed to users in
Canada and are intended to operate in a manner consistent with applicable Canadian laws, including
privacy, anti-spam, consumer protection, advertising and gambling-related legal requirements. The
Platform is an independent publisher and does not represent itself as a gambling operator, registrar,
licensee, regulator or public authority in any province or territory. References to operators, licences,
registrations, approvals, authorisations, market access, jurisdictions, bonuses, offers or responsible
gambling resources are provided on an informational basis only and may change without
notice.
RESPONSIBLE GAMBLING NOTICE. The Services are intended only for adults. Gambling involves
risk and may cause financial loss, addiction and other harms. You should not gamble if doing so is
unlawful in your jurisdiction, unaffordable, harmful, or inconsistent with your personal circumstances.
We do not encourage excessive play, chasing losses, impulsive decision-making, or any belief that
gambling can provide guaranteed income, financial recovery or risk-free returns. If you require support,
you should seek assistance from qualified responsible gambling organisations or provincial support
services.
You should print or save a copy of these Legal Terms for your records.
1. DESCRIPTION OF OUR SERVICES
The Services comprise a Canada-facing informational, comparison and review
platform relating to online casinos, casino games, bonus offers, payment methods, licensing frameworks,
mobile compatibility, safer gambling tools and related editorial content. The Services are provided for
general informational, educational and comparison purposes only and do not provide gambling services or
facilitate gambling transactions.
The Services may include rankings, ratings, operator profiles,
promotional summaries, bonus descriptions, editorial guides, comparison tables, commercial disclosures,
advertising placements and links to third-party operators or third-party resources. For greater
certainty and without limitation:
- the Services do not operate, host or provide casino games for
real-money play;
- the Services do not accept or process wagers, stakes, deposits, withdrawals,
subscriptions, purchases or user payments;
- the Services do not open or administer gambling accounts
on behalf of users;
- the Services do not issue prizes, winnings, credit, monetary rewards or
anything having real-world monetary value;
- the Services do not provide regulated gaming, betting,
lottery, payment, money services, trust, escrow or financial intermediation services; and
- the
Services do not act as agent, mandatary, fiduciary or representative of any user or operator unless
expressly stated by us in writing.
Any ranking, review, score, badge, award, label,
recommendation, comparison outcome or editorial designation made available through the Services reflects
our own methodology, editorial judgment, commercial relationships, available information and internal
criteria at the relevant time, and is not a guarantee of quality, suitability, legality, safety,
regulatory standing, bonus availability, payout speed, game fairness, future performance or user
experience.
We endeavour to reference only operators that, at the relevant time, appear to hold
valid licences, registrations, authorisations or legally recognised market access applicable to the
Canadian market or to the province or territory referenced in the content. However, licensing status,
regulatory permissions, market access, offer availability and operator terms may change at any time, and
you remain solely responsible for verifying all such matters directly with the relevant operator and,
where appropriate, the applicable regulator before engaging with any third-party service.
The
Services are intended solely for lawful use. We do not represent or warrant that any content, operator
reference, bonus summary or linked service is lawful, available or appropriate in every province,
territory or locality. Persons who access the Services do so on their own initiative and are solely
responsible for ensuring that their conduct complies with all laws, regulations, standards and
restrictions applicable in their jurisdiction.
2. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in and to the Services are owned by us or
licensed to us. This Section governs the limited rights granted to you to access the Services and the
rights you grant to us in respect of Submissions.
2.1 Our intellectual property
We are the owner or lawful licensee of all rights, title and interest
in and to the Services, including all text, editorial content, rankings, reviews, databases, website
design, software, source code, functionality, selection, arrangement, compilation, graphics,
photographs, videos, audio, trademarks, service marks, trade names, logos, icons, page headers,
scripts, methodologies and other materials made available through the Services (collectively, the
“Content” and, with respect to brand identifiers, the “Marks”).
The Content and Marks are
protected by copyright, trademark, passing off, trade secret, database, unfair competition and other
applicable laws in Canada and other jurisdictions. Except as expressly stated in these Legal Terms, no
right, title, interest or licence in or to the Services, the Content or the Marks is granted, assigned
or transferred to you.
2.2 Your use of our Services
Subject to your strict and continuing compliance with these Legal
Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and
non-sublicensable licence to:
- access and use the Services for your own lawful, personal and
non-commercial use; and
- download or print a single copy of portions of the Content solely for
your own lawful, personal and non-commercial reference.
Except as expressly permitted by these
Legal Terms or by mandatory applicable law that cannot be excluded, you shall not copy, reproduce,
modify, adapt, scrape, aggregate, republish, upload, post, transmit, distribute, sell, license,
mirror, frame, display, perform, exploit or otherwise use any part of the Services, the Content or the
Marks for any commercial purpose or in any manner that infringes our rights or the rights of our
licensors without our prior written consent.
2.3 Your submissions
You must review this Section together with Section 7 before
submitting any material to us. By providing any question, correction, suggestion, idea, comment,
review feedback, complaint, report, proposal, technical notice or other communication relating to the
Services (“Submissions”), you irrevocably assign to us all right, title and interest, including all
intellectual property rights, in and to such Submissions to the fullest extent permitted by applicable
law. To the extent any assignment is ineffective, you grant to us a perpetual, irrevocable, worldwide,
non-exclusive, transferable, sublicensable, royalty-free licence to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, display, communicate and otherwise
exploit the Submissions for any lawful purpose.
By making any Submission, you represent and
warrant that:
(a) you own or control all rights necessary to provide the Submission and to
grant the rights set out in these Legal Terms;
(b) the Submission is accurate, not misleading,
and not provided in breach of any duty of confidentiality or other legal restriction;
(c) the
Submission does not infringe or violate any person’s intellectual property rights, privacy rights,
personality rights, contractual rights or other legal rights; and
(d) the Submission complies
with all applicable laws and these Legal Terms.
You further acknowledge and agree
that:
(a) no confidential, fiduciary, advisory or special relationship is created between you
and us by reason of any Submission;
(b) we are under no obligation to review, acknowledge,
respond to, implement or return any Submission;
(c) we may use any Submission for editorial,
commercial, operational, compliance, legal, analytical, security or product improvement purposes
without notice to you; and
(d) to the fullest extent permitted by applicable law, you waive all
moral rights or similar rights you may have in any Submission.
You remain solely responsible
for your Submissions and for the legal consequences arising from them.
3. USER REPRESENTATIONS AND WARRANTIES
By accessing or using the Services, you represent, warrant and covenant to
us on a continuing basis that:
(1) all information you provide to us, if any, is true, accurate,
current, complete and not misleading, and you will promptly correct or update such information as
necessary;
(2) you have full legal capacity, power and authority to enter into and comply with
these Legal Terms;
(3) you will use the Services only for lawful purposes and in compliance with
all applicable laws, regulations, codes and guidance relating to privacy, anti-spam, consumer
protection, advertising, intellectual property and gambling-related restrictions;
(4) you will
not rely on the Services as a substitute for independent legal, regulatory, financial or professional
advice, or as a guarantee of operator suitability, safety, legality or performance;
(5) you
understand that bonuses, promotions, welcome offers, free spins, payment methods, withdrawal times, game
availability, licensing status and provincial accessibility may vary by operator, province, territory,
user profile and time;
(6) you will not access or use the Services through automated, deceptive,
abusive, unlawful or non-human means, including bots, scripts, crawlers, scrapers or similar
technologies;
(7) you will not use the Services to target, solicit, exploit or otherwise engage
minors or vulnerable persons in connection with gambling-related content;
(8) where you act on
behalf of an entity or another person, you are duly authorised to bind that entity or person to these
Legal Terms; and
(9) your access to and use of the Services will not violate any contract, law,
court order, regulatory requirement or obligation binding upon you.
If you provide, or we
reasonably suspect that you have provided, information that is false, inaccurate, incomplete, unlawful
or misleading, or if you breach any representation, warranty or covenant in these Legal Terms, we may
deny, suspend, restrict or terminate your access to the Services and take any other action we consider
reasonably necessary.
4. USER ACCOUNT REGISTRATION TERMS
The Platform does not require users to create an account in order to
access the Services, and no gambling account, wallet, payment account or player profile is created or
maintained by us.
You may ordinarily access the Services without registration or login. Where the
Services permit you to contact us, submit a correction, request information, sign up for communications,
or otherwise interact with us, such interaction may occur by email, webform or other communication
mechanism designated by us from time to time.
If we introduce account, login or authentication
functionality in the future, these Legal Terms may be amended to include additional binding provisions
relating to account creation, credentials, security, permitted use, suspension, deletion and
verification, and your continued use following such amendment will be governed accordingly.
You
acknowledge and agree that any credentials, identifiers, confirmation links or authentication methods
that may in future be issued in relation to the Services shall remain under our control and may be
suspended, revoked or invalidated by us at any time where reasonably necessary for security, compliance,
operational or legal reasons.
5. PAYMENTS, FEES, AND PURCHASE TERMS
The Services are made available by us as a general-access informational
and comparison platform. We do not sell gambling services to users, process gambling stakes, accept
deposits, hold funds, process withdrawals, or provide payment accounts or transactional
wallets.
Access to the Services is free of charge.
Without limiting the foregoing:
- we
do not charge users to browse operator reviews, rankings, educational content or responsible gambling
materials;
- we do not process subscription fees, membership fees, deposits, stakes or withdrawals
for gambling activities;
- we do not issue invoices, receipts or transactional confirmations for
gambling activity with any third-party operator; and
- any payment transaction you may conduct with a
third-party operator is solely between you and that operator and is not processed, received, controlled
or guaranteed by us.
You acknowledge and agree that we are not responsible for any fees, charges,
commissions, currency conversion costs, card charges, bank charges, failed transactions, account
restrictions, bonus disputes, withheld winnings, withdrawal delays or other financial matters arising
from your dealings with any third-party operator or service provider.
6. REFUND AND RETURN POLICY
The Services are provided as an informational and comparison platform and
do not involve the sale of goods, paid subscriptions, gambling services, player balances, stakes or
deposits.
Accordingly, no refund, return, cancellation or withdrawal rights arise against us in
respect of your use of the Services.
For greater certainty:
- we do not receive, hold or
return user gambling deposits;
- we do not process refunds for transactions carried out with
third-party operators;
- we do not reverse bonuses, bets, gameplay, withdrawals or payment
instructions processed by any third-party operator; and
- any right you may have to a refund,
reversal, chargeback, cancellation or statutory remedy in respect of a third-party service must be
pursued directly with the relevant third party, in accordance with that third party’s terms and
applicable law.
By using the Services, you acknowledge that all financial transactions, payment
arrangements and related rights or disputes arise solely between you and the applicable third-party
operator, and that we have no role in, or responsibility for, such matters.
7. PROHIBITED USER ACTIVITIES
The Services may be used only for the purposes expressly authorised by us.
You shall not access or use the Services for any unlawful, prohibited, abusive, deceptive, harmful,
competitive or unauthorised purpose. Your right to use the Services is conditional upon strict
compliance with this Section.
As a user of the Services, you shall not, and shall not permit any
other person to:
(a) systematically retrieve, scrape, harvest, copy, extract or monitor data,
content, rankings, reviews, metadata or other materials from the Services, whether manually or through
automated means, for the purpose of creating, training, populating or enhancing any database, directory,
commercial service, marketing list, competitive product, machine learning model, artificial intelligence
system or similar resource;
(b) deceive, defraud, impersonate, mislead or manipulate us, any
user, any operator, any advertiser or any other person, including by misrepresenting your identity,
authority, location, age or intent;
(c) interfere with, circumvent, disable, damage, overburden
or compromise any security feature, access control, availability protection, robot exclusion protocol,
rate limit or technological safeguard of the Services;
(d) use the Services in any way that is
unlawful, fraudulent, defamatory, abusive, harassing, threatening, discriminatory, hateful, obscene,
invasive of privacy or otherwise objectionable;
(e) use the Services to market to, target,
encourage or exploit minors or vulnerable persons in relation to gambling-related content;
(f)
submit false, frivolous, malicious or vexatious complaints, notices, correction requests, legal demands
or reports;
(g) use any information obtained from the Services to harass, intimidate, stalk,
exploit or injure any individual or entity;
(h) frame, mirror, deep link to, or technically
manipulate the presentation of the Services without our prior written consent;
(i) upload,
transmit, distribute or introduce any virus, worm, Trojan horse, spyware, malicious code, corrupted
file, logic bomb or other harmful or disruptive technology;
(j) access or attempt to access
non-public areas of the Services, our systems, hosting environment, administrative interfaces or related
infrastructure;
(k) remove, alter, obscure or circumvent any copyright, trademark, attribution,
disclaimer, advertising disclosure, consent interface or proprietary rights notice appearing on or
through the Services;
(l) use any robot, spider, scraper, crawler, indexing agent, harvesting
tool, script, macro or other automated means to access or interact with the Services, except where
expressly permitted in writing by us;
(m) upload, deploy or attempt to deploy tags, pixels,
cookies, beacons, scripts, software development kits or other tracking or monitoring technologies
through or in connection with the Services without our express written authorisation;
(n)
interfere with or disrupt the operation, security, performance or availability of the Services or any
network, server or infrastructure connected to the Services;
(o) copy, adapt, reproduce, reverse
engineer, decompile, disassemble, translate or otherwise attempt to derive source code, underlying
ideas, structure, algorithms or methodologies from any aspect of the Services, except to the limited
extent such restriction is prohibited by non-excludable law;
(p) use the Services for
benchmarking, competitive analysis, competitive intelligence, market replication or any purpose adverse
to our commercial interests;
(q) make any statement, representation or implication that we
endorse, certify, regulate, guarantee or insure any third-party operator, or that we are ourselves a
licensed gambling operator or public authority;
(r) submit or transmit any content that contains
another person’s personal information, confidential information or proprietary information without
lawful authority;
(s) use the Services in breach of applicable advertising laws, anti-spam
requirements, consumer protection rules or privacy laws;
(t) use the Services to send, facilitate
or support unsolicited commercial electronic messages, unlawful promotions or deceptive
marketing;
(u) seek to bypass geo-restrictions, age-gating, consent tools, responsible gambling
notices or jurisdiction-specific disclaimers; or
(v) encourage, assist or enable any other person
to do any of the foregoing.
Any breach of this Section constitutes a material breach of these
Legal Terms and may result in restriction, suspension or termination of access, without prejudice to any
other rights or remedies available to us.
8. USER GENERATED CONTRIBUTIONS
The Services are not designed as a public forum, social network or user
publishing platform. We do not ordinarily provide public comment sections, user profiles, chat rooms,
open community boards or equivalent public posting functionality.
Any information, report,
comment, enquiry, complaint, correction, request or feedback that you choose to provide to us shall be
submitted through private communication channels designated by us, including
support@onlinecasinocanadarank.com or any contact form made available on the Site.
You
acknowledge and agree that:
- we are not obliged to publish, display, retain or respond to any
material submitted by you;
- we may remove, disregard, redact, retain or disclose submitted material
where we consider it appropriate for legal, compliance, security, operational or evidentiary
purposes;
- submitted material does not create any expectation of publication, compensation,
attribution or confidentiality unless we expressly agree otherwise in writing; and
- all such
submissions are governed by Section 2.3 and these Legal Terms in full.
By submitting any material
to us, you acknowledge that such submissions are made voluntarily, at your own risk, and subject to
these Legal Terms, and that we retain full discretion in how such material is handled.
9. CONTRIBUTION LICENSE GRANT
To the extent you provide any Submission, feedback, suggestion,
correction, comment, complaint or other material to us, you acknowledge and agree that we may access,
review, reproduce, store, process, analyse, adapt and use such material, including any personal
information contained therein, in accordance with these Legal Terms, our Privacy Policy and applicable
law.
Without limiting Section 2.3, by providing any Submission or feedback to us, you grant to us
a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence
to use, reproduce, adapt, modify, publish, distribute, communicate, display and otherwise exploit such
material for any lawful purpose, including editorial, commercial, compliance, legal, operational,
analytical and product development purposes, without any obligation to acknowledge, compensate or notify
you.
For greater certainty:
(a) no confidential, advisory or fiduciary relationship is
created by your provision of any Submission;
(b) we are not obligated to implement, review or
respond to any Submission;
(c) any use of Submissions by us may be made without restriction and
without accounting to you; and
(d) you shall not be entitled to any compensation, royalty or
other consideration in respect of any use of your Submissions.
By providing any Submission, you
confirm that you have the necessary rights and authority to grant the licence set out in this Section
and that such material may be used by us in accordance with these Legal Terms.
10. EXTERNAL LINKS AND COMMERCIAL DISCLOSURES
The Services may contain links to external websites, applications,
platforms, services and resources operated or controlled by third parties, including online casino
operators, payment providers, software providers, regulatory bodies and informational resources (“Third
Party Services”), together with associated content, materials, data, advertising and functionality
(“Third Party Content”).
We do not own, control, operate or supervise Third Party Services and do
not independently verify or guarantee the accuracy, completeness, reliability, legality, licensing
status, compliance, security, performance or suitability of any Third Party Content.
The
inclusion of any link, listing, ranking, review, rating, logo, brand name, promotional offer or
reference to a third party within the Services is provided for informational and comparison purposes
only and does not constitute, and must not be interpreted as, an endorsement, certification, approval or
guarantee by us.
If you choose to access or use any Third Party Service, you do so at your own
risk and subject to the terms, conditions, privacy policies and practices of that third party. You are
solely responsible for reviewing and understanding those terms and for independently verifying any
material information before engaging with any Third Party Service.
10.1 Affiliate disclosure and commercial relationships
The Services include affiliate links, sponsored placements,
commercial partnerships, advertising placements and other forms of monetisation. This means that we
may receive compensation, commission or other remuneration from third parties where users click on
links, register accounts or take specified actions.
Such relationships constitute commercial
arrangements and may create a material connection between us and certain third parties.
You
acknowledge and agree that:
(a) commercial relationships may influence the positioning,
visibility, prominence or inclusion of operators, listings or content within the Services;
(b)
not all operators available in the Canadian market are listed, ranked or reviewed;
(c)
rankings, ratings, reviews and comparisons are based on internal criteria, methodology and editorial
judgment, and are not exhaustive, objective rankings of all available options;
(d) bonus
offers, promotions and commercial terms are determined by third parties and may change without notice;
and
(e) you must independently verify all material terms, including eligibility, availability,
licensing status and applicable conditions, directly with the relevant operator.
Where a
commercial relationship exists, including affiliate arrangements or sponsored placements, we take
reasonable steps to disclose such relationships in a manner intended to be clear, prominent and not
misleading, including through disclosures within or in proximity to the relevant
content.
Nothing in the Services constitutes an endorsement, certification or guarantee of any
third-party operator or service, regardless of any commercial relationship.
10.2 Third party tools, analytics and advertising technologies
The Services may use or integrate third-party technologies, including
analytics tools, advertising platforms, performance monitoring services, consent management platforms
and content delivery services.
Such technologies may include, without limitation:
- Google
Analytics;
- Google Ads and related conversion tracking and remarketing technologies;
-
Microsoft Advertising Universal Event Tracking (UET);
- consent management platforms; and
-
other comparable measurement, optimisation and advertising tools.
Where such technologies
involve the storage of or access to information on your device, including through cookies, pixels,
tags or similar technologies, such processing is carried out in accordance with applicable Canadian
privacy laws, including PIPEDA and applicable provincial legislation.
In particular:
(a)
where required by applicable law, non-essential tracking technologies are not activated until valid
user consent has been obtained;
(b) clear and accessible information is provided regarding the
nature and purpose of such technologies;
(c) users are provided with mechanisms to accept,
refuse or manage consent preferences; and
(d) records of consent may be maintained where
required for compliance and audit purposes.
You acknowledge that third parties may collect and
process technical or usage information in accordance with their own privacy policies and practices,
which are independent from ours.
To the maximum extent permitted by applicable law, we are not
responsible for the independent data processing activities, systems or practices of such third
parties.
We do not knowingly use sensitive personal information for advertising targeting and
do not knowingly target minors with personalised advertising.
10.3 No responsibility for third party conduct
The Services include references to, and interactions with, Third
Party Services that are independent from us. We do not control or supervise such third parties and are
not involved in any relationship, transaction or communication between you and any Third Party
Service.
To the fullest extent permitted by applicable law, we disclaim all responsibility and
liability for:
(a) the conduct, acts, omissions or representations of any third
party;
(b) the operation, availability, legality or performance of any Third Party
Service;
(c) any transaction, communication or dispute between you and any third party;
and
(d) any loss, damage, cost or claim arising from your reliance on or interaction with Third
Party Content.
You agree that any claim arising out of or relating to a Third Party Service
shall be brought solely against the relevant third party and not against us.
By using the
Services, you acknowledge that all interactions with Third Party Services are undertaken independently
and that we have no control over, and accept no responsibility for, the content, services or outcomes
provided by such third parties.
This Section must be read together with Sections 17, 18 and 19,
which further clarify content limitations, disclaimers and limitations of liability to the fullest
extent permitted by applicable law.
11. PLATFORM MANAGEMENT TERMS
We reserve the right, but not the obligation, to manage, monitor and
administer the Services in a manner we consider appropriate to ensure compliance with these Legal Terms,
applicable law and our legitimate business interests.
Without limitation, we may:
(1)
monitor use of the Services for compliance, security, fraud prevention and operational
purposes;
(2) investigate any suspected breach of these Legal Terms or applicable law;
(3)
take enforcement action against any person who, in our reasonable opinion, breaches these Legal Terms or
engages in unlawful or harmful conduct;
(4) restrict, suspend, limit or terminate access to the
Services, in whole or in part, at any time;
(5) remove, block or disable any content, link, data
or material that we consider to be unlawful, misleading, harmful or in breach of these Legal
Terms;
(6) modify, reorganise or prioritise content, rankings, listings and features;
(7)
cooperate with law enforcement, regulatory authorities or other competent bodies; and
(8) take
any other action reasonably necessary to protect the integrity, security and lawful operation of the
Services.
We are under no obligation to monitor or enforce compliance, and we shall not be liable
for any failure to do so, subject to any mandatory legal obligations that cannot be excluded.
12. PRIVACY AND DATA PROTECTION
We collect, use, disclose and otherwise process personal information in
accordance with applicable Canadian privacy laws.
Our Privacy Policy forms part of these Legal
Terms and explains in detail how we handle personal information, including the purposes of collection,
methods of use, retention practices, safeguards and your rights.
By accessing or using the
Services, and by voluntarily providing personal information to us, including through contact forms or
email communications, you acknowledge and agree that your personal information may be collected, used,
disclosed and retained as described in these Legal Terms and our Privacy Policy.
You represent
and warrant that any personal information you provide is accurate and that you have the legal authority
to provide such information. You must not provide personal information relating to another individual
unless you are authorised to do so and have obtained any required consent
12.1 Lawful basis and purposes of processing
We process personal information only for purposes that are reasonable
and appropriate in the circumstances, including:
- operating, maintaining and improving the
Services;
- responding to enquiries and communications;
- ensuring security, fraud prevention
and system integrity;
- complying with legal and regulatory obligations;
- maintaining records
and enforcing these Legal Terms; and
- analytics, performance measurement and service optimisation,
subject to applicable consent requirements.
Where required by law, we obtain your consent prior
to collecting, using or disclosing personal information, and such consent may be express or implied
depending on the sensitivity of the information and the reasonable expectations of the individual.
12.2 Cookies and tracking technologies
The Services may use cookies and similar technologies for
functionality, analytics, performance measurement and advertising purposes.
Without
limitation:
(a) strictly necessary cookies may be used to enable core functionality, security
and accessibility;
(b) non-essential cookies, including those used for analytics and
advertising, are subject to consent where required by law;
(c) a consent management mechanism
may be implemented to allow users to manage preferences; and
(d) you may withdraw or modify
your consent at any time through available tools.
Third-party advertising and analytics
providers may use cookies or similar technologies to collect information about your interactions with
the Services.
12.3 Your privacy rights
Subject to applicable law, you may have rights including:
- the
right to access your personal information;
- the right to request correction of inaccurate
information;
- the right to request deletion where appropriate;
- the right to withdraw consent
where processing is based on consent; and
- the right to lodge a complaint with a relevant privacy
regulator in Canada.
Requests may be submitted using the contact details set out in Section 26.
12.4 Safeguards and retention
We implement reasonable administrative, technical and organisational
safeguards designed to protect personal information against loss, theft, unauthorised access,
disclosure or misuse.
We retain personal information only for as long as necessary to fulfil
the identified purposes, to comply with legal obligations, and to resolve disputes and enforce our
rights. Thereafter, information is securely deleted, anonymised or archived as required.
13. TERMINATION OF THIS AGREEMENT
These Legal Terms remain in effect for as long as you access or use the
Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE RESERVE THE RIGHT, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE, TO DENY, RESTRICT, SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES AT
ANY TIME, FOR ANY REASON OR FOR NO REASON, INCLUDING WHERE WE REASONABLY BELIEVE THAT YOU HAVE BREACHED
THESE LEGAL TERMS OR APPLICABLE LAW.
Where technically feasible, such restriction or termination
may include blocking access based on IP address, device identifiers or other technical means.
We
may also pursue any legal, equitable or regulatory remedies available to us, including reporting conduct
to competent authorities.
Termination does not affect any rights or obligations that have accrued
prior to termination, including indemnities, disclaimers and limitations of liability.
14. MODIFICATIONS AND SERVICE ISSUES
We reserve the right, at any time and acting reasonably, to modify,
update, suspend, restrict or discontinue any aspect of the Services, including any content, feature,
functionality, ranking methodology, operator listing, comparison tool or technical component, without
prior notice and without liability to you, except as required by applicable law.
We are under no
obligation to maintain, update, correct or continue to provide any particular element of the Services.
The availability of specific operators, bonuses, reviews, rankings, guides or informational content may
change at any time without notice.
You acknowledge and agree that:
(a) the Services may be
unavailable from time to time due to maintenance, updates, technical issues, outages, security
incidents, third-party failures or other causes beyond our control;
(b) we do not guarantee
uninterrupted, continuous, secure or error-free operation of the Services;
(c) content may become
outdated, inaccurate or incomplete over time; and
(d) your use of the Services is at your own
risk.
We shall not be liable for any loss, damage, cost or inconvenience arising from any
modification, interruption, suspension or discontinuation of the Services, except as required by
applicable law.
Nothing in these Legal Terms shall be construed as creating any obligation on us
to support, maintain or update the Services.
15. GOVERNING LAW AND VENUE
These Legal Terms, and any dispute, controversy or claim arising out of or
in connection with them, the Services or the Site, shall be governed by and construed in accordance with
the laws of Canada and the applicable laws of the province or territory determined under applicable
rules of private international law, without regard to conflict of law principles to the extent lawfully
excluded.
Subject to Section 16, you and we irrevocably attorn to the jurisdiction of the
competent courts in Canada having jurisdiction over the applicable dispute.
Nothing in these
Legal Terms limits any mandatory rights, protections or remedies available to consumers under applicable
Canadian law, including provincial consumer protection legislation that cannot be excluded by contract.
16. DISPUTE RESOLUTION PROCESS
Any dispute, controversy or claim arising out of or in connection with
these Legal Terms, the Services or your use of the Services, including any question regarding their
existence, interpretation, validity, enforceability or termination (a “Dispute”), shall be addressed in
accordance with this Section.
This Section establishes a structured process for resolving
Disputes in a fair, efficient and proportionate manner, taking into account the nature of the Services
as an informational platform and the fact that interactions with Third Party Services occur
independently of us.
Nothing in this Section limits any statutory rights or remedies that cannot
be waived or restricted under applicable law, including any rights available to consumers under
applicable Canadian federal or provincial legislation.
16.1 Informal resolution
Before commencing formal legal proceedings, the parties shall make
reasonable efforts to resolve any Dispute through good-faith informal negotiations.
Either
party may initiate this process by providing written notice to the other party describing:
- the
nature of the Dispute;
- the relevant facts and circumstances; and
- the relief
sought.
The parties shall attempt to resolve the Dispute informally for a period of at least
thirty (30) days from receipt of such notice, unless the nature of the Dispute requires urgent
action.
Nothing in this Section prevents either party from seeking immediate relief where delay
could result in irreparable harm.
16.2 Optional alternative dispute resolution
Following the informal resolution period, the parties may, by mutual
agreement, submit the Dispute to mediation or another form of alternative dispute
resolution.
Alternative dispute resolution may be conducted through a mutually agreed provider
and on terms agreed between the parties.
Where applicable, consumers may have access to
provincial or federal dispute resolution mechanisms, ombudsman services or other complaint resolution
bodies.
Participation in alternative dispute resolution is voluntary unless required by
applicable law
16.3 Restricciones
To the extent permitted by applicable law, the parties agree that
Disputes should ordinarily be resolved on an individual basis.
Accordingly:
(a) Disputes
are intended to be brought and resolved individually and not as part of a class, collective or
representative proceeding;
(b) Disputes shall not be consolidated with other claims or
proceedings without the consent of all affected parties; and
(c) each party shall present its
own claim without seeking to represent or act on behalf of others.
Where applicable law
prohibits or restricts the enforcement of any part of this Section, including in relation to class or
representative proceedings, such provisions shall be interpreted, limited or severed to the minimum
extent necessary to comply with that law, and the remainder of this Section shall continue in full
force and effect
16.4 Exceptions
The following matters may be brought directly before a court of
competent jurisdiction without engaging in the procedures set out above:
(a) disputes relating
to intellectual property rights;
(b) claims involving alleged unlawful access, misuse of data,
security breaches or interference with the Services;
(c) applications for injunctive,
interlocutory or urgent relief; and
(d) any matter for which applicable law requires or permits
direct access to a court or regulatory authority.
The availability of these exceptions does not
limit the application of the remaining provisions of this Section to other Disputes, and does not
affect the parties’ obligations to act reasonably and in good faith when seeking to resolve any
Dispute.
16.5 Governing framework and jurisdictional context
Disputes shall be resolved in accordance with Section 15 (Governing
Law and Venue). For clarity, nothing in this Section alters the allocation of responsibility set out
in these Legal Terms, including the fact that any transactions or interactions with Third Party
Services occur solely between you and the relevant third party.
You acknowledge that we are not
a party to, and have no control over, any agreement, transaction or dispute between you and a Third
Party Service, and that such matters must be addressed directly with the relevant third party.
17. CLARIFICATIONS AND CORRECTIONS
The Services may contain typographical errors, inaccuracies, omissions or
outdated information, including in relation to operator details, bonus offers, regulatory references,
payment methods or rankings.
We reserve the right, at any time and without notice, to correct,
amend, update or remove any information contained within the Services where reasonably necessary for
accuracy, compliance or operational purposes.
You acknowledge and agree that:
(a) all
content is provided for general informational and comparison purposes only;
(b) content may
change at any time and may not reflect the most current information available from third-party operators
or regulators; and
(c) you are solely responsible for independently verifying any material
information before relying upon it or acting upon it.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE DO NOT ACCEPT RESPONSIBILITY FOR ANY RELIANCE PLACED ON INFORMATION MADE AVAILABLE
THROUGH THE SERVICES. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW.
18. DISCLAIMERS AND LIMITATIONS
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT
ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING WITHOUT LIMITATION:
- IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, DURABILITY AND NON-INFRINGEMENT;
- ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
- ANY WARRANTIES THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE OR FREE FROM HARMFUL COMPONENTS; AND
- ANY WARRANTIES REGARDING
THE ACCURACY, RELIABILITY, COMPLETENESS OR CONTINUED AVAILABILITY OF CONTENT.
WITHOUT LIMITING
THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY REGARDING:
(a) the legality, licensing
status or regulatory compliance of any third-party operator in your jurisdiction;
(b) the
availability, terms, conditions or value of any bonus, promotion or offer;
(c) the fairness,
integrity or outcome of any game offered by a third-party operator;
(d) the speed, reliability or
security of any payment method;
(e) the accuracy, completeness or objectivity of any ranking,
review or comparison; or
(f) the continued availability of any content, feature or operator
listing.
WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE AND SHALL NOT
BE A PARTY TO, OR RESPONSIBLE FOR, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
FOR GREATER
CERTAINTY, THE SERVICES DO NOT PROVIDE GAMBLING SERVICES AND DO NOT OFFER ANY OPPORTUNITY FOR FINANCIAL
GAIN. ANY GAMBLING ACTIVITY YOU UNDERTAKE IS SOLELY WITH A THIRD-PARTY OPERATOR AND AT YOUR OWN
RISK.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY STATUTORY RIGHTS, WARRANTIES OR CONDITIONS
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
THIS SECTION MUST BE READ TOGETHER WITH SECTION 19,
WHICH FURTHER LIMITS OUR LIABILITY TO THE EXTENT PERMITTED BY LAW.
19. LIMITATION OF LIABILITY TERMS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE,
OUR AFFILIATES, OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION:
- LOSS OF PROFITS, REVENUE OR BUSINESS OPPORTUNITY;
- LOSS OF DATA OR
INFORMATION;
- LOSS OF GOODWILL;
- SERVICE INTERRUPTION; OR
- ANY OTHER ECONOMIC OR
INTANGIBLE LOSS,
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF
OR IN CONNECTION WITH THESE LEGAL TERMS OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF:
(a)
ONE HUNDRED CANADIAN DOLLARS (CAD $100); ORÂ Â
(b) THE TOTAL AMOUNT PAID BY YOU TO US, IF ANY, IN
THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
NOTHING IN THESE LEGAL
TERMS EXCLUDES OR LIMITS LIABILITY FOR:
- DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE;
-
FRAUD OR FRAUDULENT MISREPRESENTATION; OR
- ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION RIGHTS.
WHERE APPLICABLE LAW DOES
NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, LIABILITY SHALL BE LIMITED TO THE MINIMUM
EXTENT PERMITTED BY THAT LAW.
YOU ACKNOWLEDGE THAT:
(a) THE SERVICES ARE PROVIDED FREE OF
CHARGE FOR INFORMATIONAL PURPOSES;
(b) YOU DO NOT RELY ON THE SERVICES AS A SUBSTITUTE FOR
PROFESSIONAL, LEGAL, FINANCIAL OR REGULATORY ADVICE; AND
(c) THE ALLOCATION OF RISK SET OUT IN
THESE LEGAL TERMS IS A FUNDAMENTAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND US.
THESE LIMITATIONS
APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY OR OTHERWISE, AND SURVIVE TERMINATION OF THESE LEGAL TERMS TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
20. INDEMNIFICATION OBLIGATIONS
You agree to defend, indemnify and hold harmless us, our affiliates, and
our respective officers, directors, employees, contractors and agents from and against any and all
claims, demands, damages, losses, liabilities, costs and expenses, including reasonable legal fees,
arising out of or in connection with:
(1) your use of the Services;
(2) your breach of
these Legal Terms;
(3) your violation of any applicable law or regulation;
(4) your
infringement of any third-party rights, including intellectual property, privacy or contractual rights;
or
(5) any Submission or information provided by you.
We reserve the right, at your
expense, to assume exclusive control of the defence and settlement of any matter subject to
indemnification, and you agree to cooperate fully with us in such defence.
21. COLLECTION AND USE OF DATA
We may collect and process technical and usage-related data generated
through your interaction with the Services, including:
- device and browser information;
- IP
address and approximate location;
- usage patterns and navigation data;
- performance and
diagnostic data; and
- anonymised or aggregated analytics.
Such data is used for purposes
including operation, security, performance optimisation, analytics and compliance, all as further
described in our Privacy Policy.
We do not collect payment information, gambling account
credentials or financial transaction data through the Services.
Where cookies and similar
technologies are used, they are implemented in accordance with applicable law and user consent
requirements, as further described in our Privacy Policy and Cookies Policy.
You acknowledge that
no system is completely secure and that data transmission over the internet carries inherent
risks.
Except as required by applicable law, we shall not be liable for loss of, corruption of,
or unauthorised access to data arising from events outside our reasonable control.
22. ELECTRONIC CONSENT AND SIGNATURES
You acknowledge and agree that your access to and use of the Services, and
any communications transmitted by you to us or by us to you electronically, constitute electronic
communications within the meaning of applicable Canadian law.
You consent to receive
communications from us electronically, including by email, through the Site, or via other electronic
means, and you agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing, to the
fullest extent permitted by applicable law.
YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES,
ELECTRONIC CONTRACTS, ELECTRONIC RECORDS AND ELECTRONIC DELIVERY OF NOTICES, AND YOU WAIVE ANY RIGHTS OR
REQUIREMENTS UNDER APPLICABLE LAW THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, PHYSICAL DELIVERY
OR RETENTION OF PAPER RECORDS, TO THE EXTENT SUCH WAIVER IS PERMITTED BY LAW.
23. GENERAL TERMS AND CONDITIONS
These Legal Terms, together with any policies, notices or disclosures
referenced in them, constitute the entire agreement between you and us in relation to your access to and
use of the Services and supersede all prior or contemporaneous communications, representations or
agreements, whether written or oral.
You acknowledge and agree that:
(a) you have not
relied on any statement, representation or assurance not expressly set out in these Legal
Terms;
(b) no information or advice provided by us, whether oral or written, creates any warranty
or obligation unless expressly stated in these Legal Terms; and
(c) you shall have no claim for
misrepresentation or negligent misstatement based on any content or communication not expressly
incorporated into these Legal Terms.
Nothing in this Section limits liability for fraud or
fraudulent misrepresentation where such liability cannot be excluded under applicable law.
Any
failure by us to exercise or enforce a right or provision of these Legal Terms does not constitute a
waiver of that right or provision. Any waiver must be in writing and signed by an authorised
representative.
We may assign or transfer our rights and obligations under these Legal Terms at
any time, provided that this does not materially reduce any protections available to you under
applicable law.
You may not assign or transfer your rights or obligations under these Legal Terms
without our prior written consent.
We are not responsible for any delay or failure to perform our
obligations where this results from events beyond our reasonable control, including:
- natural
disasters, including earthquakes, floods, storms and wildfires;
- pandemics or public health
emergencies;
- war, terrorism or civil unrest;
- governmental or regulatory action;
- failure
of telecommunications, internet or hosting infrastructure;
- cyber attacks or security incidents;
or
- failures of third-party service providers,
(each, a “Force Majeure Event”).
If a
Force Majeure Event occurs, our obligations will be suspended for the duration of the event to the
extent affected.
If any provision of these Legal Terms is found to be unlawful or unenforceable,
it will be limited or removed to the minimum extent necessary, and the remaining provisions will remain
in full force and effect.
Nothing in these Legal Terms creates any partnership, joint venture,
employment, agency or fiduciary relationship between you and us.
These Legal Terms shall not be
interpreted against us solely because we drafted them.
Headings are for convenience only and do
not affect interpretation.
References to “including” mean “including without limitation”.
24. REVISIONS AND UPDATES TO THESE LEGAL TERMS
We reserve the right, at our sole discretion, to amend, update or replace
these Legal Terms at any time to reflect changes in law, regulatory guidance, industry standards,
operational practices, business models or the Services themselves.
Any updated version will be
effective immediately upon publication on the Site unless otherwise specified.
Where changes are
material or may significantly affect your rights or obligations, we may provide additional notice,
including through prominent notices on the Site or other appropriate communication channels.
Your
continued access to or use of the Services after the effective date of any revised Legal Terms
constitutes your acceptance of those revised Legal Terms.
If you do not agree with any updated
Legal Terms, you must cease using the Services immediately.
You are responsible for reviewing
these Legal Terms periodically.
25. USER ELIGIBILITY REQUIREMENTS
Access to and use of the Services is strictly limited to individuals who
meet all eligibility requirements set out in these Legal Terms.
By accessing or using the
Services, you represent and warrant that:
(a) you are at least eighteen (18) years of
age;
(b) where a higher legal age applies in your province or territory in relation to gambling
services, you meet that higher age requirement before accessing or using any third-party
operator;
(c) you are legally permitted to access and use the Services in your
jurisdiction;
(d) you will not use the Services if doing so would be unlawful in your
jurisdiction; and
(e) you are not accessing the Services on behalf of a minor or for the benefit
of a minor.
If you do not meet these requirements, you must not access or use the
Services.
For clarity:
- the Services do not provide gambling services;
- the Services do
not facilitate wagering or betting;
- the Services do not offer prizes, winnings or financial
returns; and
- all references to gambling relate exclusively to third-party operators.
We
reserve the right to restrict, suspend or terminate access to the Services where we reasonably believe
that these eligibility requirements are not satisfied, without prejudice to any other rights or remedies
available to us under these Legal Terms or applicable law.
26. CONTACT AND FORMAL CORRESPONDENCE
All enquiries, notices, complaints, legal communications and requests
relating to the Services or these Legal Terms must be submitted in writing using the contact details
below:
Operator: VR Studio sp. z o.o.
Address: Jozefa Dietla 50, 31-039 Krakow,
Poland
Email: support@onlinecasinocanadarank.com
All communications must include:
- your
full legal name and contact details;
- a clear description of the subject matter;
- sufficient
detail to enable us to understand and assess your request; and
- any relevant supporting
documentation.
We reserve the right to request additional information or verification of identity
where reasonably necessary to process your request securely and in compliance with applicable
law.
We will respond within any timeframes required by applicable law or, where no such timeframe
applies, within a reasonable period.
This contact channel is intended for formal correspondence.
General enquiries may be handled through standard support mechanisms provided on the Site.