PLEASE READ CAREFULLY BEFORE USING THE WEBSITE WWW.CASINOYOURWAY.CA. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SITE.
British Columbia Lottery Corporation (“BCLC”) operates the website www.casinoyourway.ca (and its successor sites), its contents, and the data accessed through it (other than through any Linked Sites) (collectively, the “Site”) and provides the services (other than third party services described herein or otherwise accessed by any Linked Sites), if any, accessed through the Site (the “Services”). For the purpose of the Terms, “you” or “your” means the individual end user of the Site. By proceeding to use the Site you confirm that:
you are 19 years of age or older;
you have read, understood and accept to be legally bound by the Privacy Notice displayed at your point of registration and the Privacy Statement, the terms of which you acknowledge are hereby incorporated into these Terms by this reference and apply to your use of the Site; and
you will comply with all applicable law and any third party terms of agreement that may apply to you in connection with your use of the Site.
BCLC may modify these Terms at any time. Any changes BCLC may make to these Terms in the future will be posted on this Site. Your continued use of the Site will confirm your acceptance of the Terms in force at the time you use the Site. Notwithstanding the forgoing and without limitation, BCLC may require you to reconfirm your acceptance of these Terms from time to time, or to expressly consent to certain changes to certain Services in order to continue receiving the Services.
This Site is provided for the convenience of BCLC’s customers in British Columbia.
BCLC may, from time to time, make certain casino table reservation services available through the Site. In such event, availability of a reservation is determined after you make your reservation request.
If a reservation is made through the Site, you will receive an email confirmation of the reservation.
If you choose to make a casino table reservation through the Site, you agree to:
not impersonate another person;
request reservations only on your own behalf;
not request more than one reservation during the same time slot;
provide accurate and complete information during the process, and maintain and update such information so that it remains accurate and complete;
provide notice at least 48 hours in advance if you will not keep your reservation; and
not resell, or attempt to resell, reservations.
Reservations are non-transferable. BCLC may cancel reservations in its discretion.
Submission of User Content
All content, including without limitation feedback, information and other content, submitted by you to the Site or to BCLC (“User Content”) is your responsibility. By submitting User Content, you acknowledge, agree, represent, and warrant that:
you will not misrepresent your identity or affiliation;
the User Content is not defamatory, harassing, offensive, or otherwise inappropriate;
the User Content does not contain any harmful programming code, such as viruses, backdoors, or disabling devices;
the User Content will not constitute a proposal for, or offer or advertisement of, any goods or services;
you are the owner of the User Content, or have been granted all necessary third party rights and permissions to submit such User Content and to grant BCLC any rights granted by you hereunder;
the use of the User Content by BCLC will not infringe on the intellectual property or other rights of any party and will not otherwise violate any applicable law;
you grant BCLC an unrestricted, irrevocable, non-exclusive license, without any compensation to you, to use, store, copy or otherwise reproduce, transfer, sell, distribute, transmit, display, publish, modify, adapt, or create derivative works of any such User Content, in whole or in part, for any purpose whatsoever;
you hereby waive, or confirm that you and the User Content owner have waived, all moral rights and equivalent rights in the User Content; and
BCLC reserves the right to disclose any User Content as required or permitted by applicable law.
You acknowledge that internet transmissions are never completely private or secure, and that any message or information you send to BCLC may be read or intercepted by others.
Links to/from Third-Parties
The Site may contain links to websites or applications maintained by third parties and, conversely, websites or applications maintained by third parties may contain links to the Site. Such linked websites and applications (each a “Linked Site”) are not under the control of BCLC and BCLC is not responsible for the content of any Linked Sites or the practices associated with the Linked Sites. BCLC provides links to Linked Sites only as a convenience and the inclusion of a link does not imply endorsement of the Linked Site by BCLC.
If you wish to contact BCLC in writing about these Terms, or if any clause in these Terms requires you to give BCLC notice in writing, you can send this to BCLC by personal delivery, e-mail or registered mail (return receipt requested) by a reputable overnight delivery service addressed to:
Attention: Legal Services, 74 West Seymour Street, Kamloops, British Columbia, V2C 1E2, Canada; email: LegalServices@bclc.com.
If BCLC has to contact you or give you notice in writing, it will do so by electronic means (including without limitation by displaying on-screen or by a link or URL) or by e-mail or post to any address you may have provided to us.
BCLC’s language for correspondence is English.
You acknowledge that each contest and promotion of BCLC is subject to the applicable terms and conditions for such contest or promotion (the “Promotion Conditions”).
In the event of a conflict between these Terms and any Promotion Conditions, the applicable Promotion Conditions will prevail.
Changes, Suspension and Termination
BCLC, in its discretion at any time and without notice, may modify, restrict, suspend, or discontinue the Site and/or the Services, in whole or in part, and may terminate these Terms. If BCLC discontinues the Site or terminates these Terms, you will cease all use of the Site and/or the Services, as applicable, and delete all copies, full or partial, of the Site.
Personal information related to your use of the Site will be collected in accordance with the Freedom of Information and Protection of Privacy Act, British Columbia and will be used, accessed, disclosed and stored by BCLC and its service providers both inside and outside of Canada to process your reservation and to communicate with you about your reservations; to screen for individuals who are barred or in the voluntary self-exclusion program; and for concept development, research and discussion purposes.
All information that BCLC may collect via the Site is subject to the BCLC Privacy Statement, which is incorporated by reference into these Terms and can be viewed at
http://corporate.bclc.com/customer-support/privacy.html (the “Privacy Statement”).
BCLC is the owner or authorized user of all intellectual property rights in the Site (the “Intellectual Property”), including without limitation names, words, titles, phrases, logos, icons, graphics, designs, images, audio, content, and software. As between BCLC and you, the Intellectual Property remains the sole and exclusive property of BCLC.
Subject to your compliance with these Terms, BCLC hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site on devices (“Devices”) that you own or control. You will be assumed to have obtained permission from the owners of the Devices that are controlled, but not owned, by you to access the Site. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms for the use of the Site on or in relation to any Device, whether or not it is owned by you.
You will not, nor will you attempt to: (a) store, copy or otherwise reproduce the Site, in whole or in part, except as expressly set out in these Terms or incidental to normal use of the Site, (b) sublicense, distribute, transmit, publish or otherwise allow another person to access the Site, in whole or in part, (c) modify, adapt, translate, decompile, disassemble, reverse engineer, attempt to derive the source code of, or create derivative works of the Site, in whole or in part, or (d) remove, obscure, or alter any proprietary rights notice contained in or on any part of the Site, (e) interfere with, manipulate or disrupt the operations of the Site or the systems connected to the Site, or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Nothing in these Terms grants you any right to use BCLC trademarks or logos without express permission from BCLC in writing. All rights not expressly granted to you in these Terms are reserved to BCLC.
Limitation of Liability — PLEASE READ CAREFULLY
You expressly acknowledge and agree that your use of the Site is at your own risk.
IN NO EVENT WILL BCLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES OR AFFILIATES (TOGETHER, THE “RELEASED PARTIES”) BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY DAMAGES, LOSSES OR OTHER AMOUNTS INCURRED BY YOU OF ANY KIND WHATSOEVER ARISING FROM OR IN CONNECTION WITH USE OF THE SITE OR INABILITY TO USE THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES WILL NOT BE LIABLE FOR: (A) MODIFICATION OF THE SITE; (B) TEMPORARY OR PERMANENT DELAY OR UNAVAILABILITY OF ALL OR ANY PORTION OF THE SITE; (C) OUT-OF-DATE OR INACCURATE INFORMATION CONTAINED IN OR TRANSMITTED THROUGH THE SITE; (D) ANY HARMFUL PROGRAMMING CODE, SUCH AS VIRUSES, BACKDOORS, OR DISABLING DEVICES CONTAINED IN OR TRANSMITTED THROUGH THE SITE; OR (E) DIRECT, GENERAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR ANY OTHER LOSSES OR DAMAGES, EVEN IF BCLC SHOULD HAVE BEEN AWARE THAT SUCH LOSS OR DAMAGE COULD OCCUR.
Disclaimers — PLEASE READ CAREFULLY
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS, OF TITLE, NON-INFRINGEMENT, FUNCTIONALITY, ACCURACY, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnity — PLEASE READ CAREFULLY
You will indemnify and hold harmless the Released Parties from and against all liabilities, losses, damages, penalties, fines, costs, fees and expenses (including without limitation of lawyers, accountants and other experts and professionals) suffered or incurred by any of them, directly or indirectly, arising from or in connection with your use of the Site, inability to use the Site, or breach of these Terms. For the purpose of enforcing this indemnity, you accept that BCLC may act as agent and trustee for the other Released Parties.
BCLC’s rights and remedies in these Terms are cumulative and not exclusive, and will not be deemed or construed to affect any right or remedy to which BCLC is entitled at law, in equity or otherwise.
The failure of BCLC to enforce any provision of these Terms will in no way be construed to be a waiver of such provision, nor in any way affect BCLC’s right to thereafter enforce any or all provisions.
These Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby attorn to the exclusive jurisdiction of the courts of the Province of British Columbia and all courts competent to hear appeals therefrom to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter or formation (including without limitation non-contractual disputes or claims).
You are not permitted to assign your rights or obligations under these Terms.
These Terms, subject to Section 7 (Promotion Conditions), constitute the entire agreement between you and BCLC concerning your use of the Site and supersede all prior understandings and agreements with respect thereto.
If any provision in these Terms is determined to be illegal or unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms and the remaining provisions will remain in full force and effect.
The provisions of these Terms that expressly or by their nature extend beyond the termination of this agreement will survive any termination of this agreement including without limitation the provisions regarding ownership, disclaimers, limitation of liability and indemnity.
Last Updated: January 10, 2019