- 13 Effect of Deactivation or Closure of a Player Account
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13 Effect of Deactivation or Closure of a Player Account
Prospective Players, Intending Players, and Players are solely responsible for supplying and maintaining all equipment, technology and services that they require to access and use OLG.ca.The performance or operation of OLG.ca or any website or Mobile Applications that OLG may make available to Players from time to time may be affected by a Player's computer equipment, mobile device, Internet connection or other factors that are outside of OLG's control.In some cases, a Prospective Player, Intending Player, or a Player may not be able to access or use some or all of the components or functionality of OLG.ca as a result of deficiencies in their own equipment or technology or the service providers retained by them.For example, a slow Internet connection could adversely impact the performance or operation of OLG.ca, or an outdated web browser or the settings on a Player's computer could cause some or all of the content of OLG.ca to display incorrectly or to fail to display.
OLG makes no representation or warranty of any kind regarding the compatibility, functionality, performance or operation of OLG.ca or any component thereof on any Intending Player, Prospective Player or Player's computer or other devices used to access OLG.ca.
Players may require additional third-party services to access OLG.ca (e.g., internet service provider agreement; mobile carrier agreement; email account; text messaging service (SMS)). The Player is solely accountable for any agreements and charges related to these third-party services. A Player should familiarize themselves with the terms and conditions that govern any such services prior to using them to access OLG.ca.
14.2 Third-Party Content
Certain third-party product providers may require the Prospective Player or the Player to accept and agree to additional terms and conditions governing the use of their products.It is the sole responsibility of the Prospective Player or the Player to determine whether they accept and agree to any such third-party terms and conditions, and if the Prospective Player or the Player does not accept and agree to them, such third-party product should not be used.
OLG shall not be liable for any direct or indirect damage to, or loss of data from, a Prospective Player's or a Player's equipment that may arise from or as a result of the access or use of OLG.ca or any content, software or applications made available by or on behalf of OLG through OLG.ca.
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A Player Account will become an Inactive Account if there has not been a successful Player-Initiated Transaction for a period of 12-consecutive months, unless the Player Account is for a Self-Excluded Individual.For this purpose, a “Player-Initiated Transaction” means (i) a deposit of funds by the Player for the purpose of funding the Player Account, (ii) a withdrawal of Unutilized Funds from the Player Account, or (iii) a bet, wager or purchase of a Draw-Based Lottery Game Played Online or a Pay-to-Play Game, including a Future Game Transaction that has not expired or been suspended due to insufficiency of Unutilized Funds or for any other reason. For the avoidance of doubt, a Play-for-Free Game is not considered a Player-Initiated TransactionIf the Future Game Transaction associated with such a Player Account expires or is suspended or cancelled for any reason, the foregoing 12-month period will be calculated beginning on the day that the last Future Game Transaction is processed from the Player Account, being the last Player-Initiated Transaction.
A Player Account that has become an Inactive Account will cease to be an Inactive Account following the successful completion of a Player-Initiated Transaction.
The maximum amount of Inactive Account Fees that OLG will be entitled to receive from a Player under this Agreement is equal to the lesser of (i) $234 and (ii) the amount of the Unutilized Funds associated with the Inactive Account.
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15.2 Unavailability of OLG.ca
OLG will use reasonable efforts to notify Players in advance of planned Downtime by posting notices at OLG.ca or through other appropriate means as determined by OLG in its discretion.However, it may not be possible to notify Players in advance of Downtime, including in circumstances beyond OLG's control (for example, a power failure) or if the Downtime is determined to be necessary to address a potential or actual security threat or breach.Notwithstanding anything to the contrary contained in this Agreement, a Player shall not be entitled to any compensation arising from or as a result of any Downtime including, for example, if a Player is unable to withdraw Unutilized Funds through OLG.ca or if Bonus Funds expire during the period of any Downtime.
4.4 Password Security
When registering for a Player Account, an Intending Player will be required to create a Username and Password.Following the registration of a Player Account, the Player is solely responsible for maintaining the security and secrecy of the Player's Username and Password, including related security or verification questions and answers.A Player is not permitted to disclose the Username and Password to any other individual (including, without limitation, other Players, Prospective Players, family members, or minors), and only the Player is permitted to use the Username and Password to log into the relevant Player Account.Without limiting the generality of the foregoing, a Player is not permitted to use his or her Username and Password for the purpose of giving any other individual access to the Player's Player Account for any reason.All transactions (for example, changes to registration information and Player Contact Information, deposits, withdrawals, Game play and lottery ticket purchases) made through a Player Account following the correct entry of a valid Username and Password will be deemed to have been made by the Player, and the Player will be solely responsible for all such transactions.
If a Player intentionally or unintentionally discloses his or her Username and Password to anyone else, or if the Player suspects that someone else might have discovered the Player's Username and Password (whether or not such other person has used or attempted to use the Player's Username and Password), the Player must immediately change their password on OLG.ca and notify Player Support regarding the compromise or possible compromise of the original Username and Password.
A Player can change his or her password at any time by going to the “My Account” or “Account Information”page.
17 Limitations of Liability
OLG.ca will be operated with reasonable skill and care substantially as described in this Agreement.
OLG does not make any other promise, representation or warranty regarding OLG.ca or any of the Games or other products or services that are made available on or through OLG.ca, and except as specifically included in this Agreement, OLG hereby disclaims all warranties regarding the foregoing, whether express, implied or statutory, including all implied warranties in respect of the same.
Prospective Players and Players acknowledge and agree that, by accepting the terms and conditions of this Agreement, they do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding of any person, other than those of OLG which are included in (or expressly incorporated by reference into) this Agreement.
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