- Terms and conditions
TERMS & CONDITIONS OF THE WEBSITE WWW.SWISS4WIN.CH
1. General Information
2. Game Account
3. Game Activities
4. Exclusions, warning and limitations
5. Responsible Gaming
6. Data protection
7. Intellectual property
8. Guarantee and liability
9. Applicable law and jurisdiction
1. GENERAL INFORMATION
Casinò Lugano SA, based in Via Stauffacher 1, CH-6900 Lugano, Switzerland (“Casinò Lugano”), manages the website www.swiss4win.ch (hereinafter also referred to as the "Website"). On the swiss4win.ch gaming website, each User has the opportunity to win cash for a cash bet.
In the following, the references to Swiss4Win are to be understood as made towards Casinò Lugano, owner of the Website and the related rights.
All rights relating to Swiss4Win are exclusively of Casinò Lugano. Casinò Lugano is regulated and supervised by the Swiss Federal Gaming Board (www.esbk.admin.ch) and is the holder of the Swiss license n. 516-011-01.
The User may use the Website only for the purpose of participating in games of chance for recreational and leisure purposes and not for financial, professional or any other reasons. By using the swiss4win.ch website, the User declares not to act for fraudulent purposes, not to collude with other players and/or other Users, not to carry out illegal activities, including those with third parties, not to manipulate the games of Swiss4Win using external hardware and/or software and not to disturb in any way the security and transparency of the game.
The User is also required, in relation to the Website and other offers of Swiss4Win, not to disseminate (such as images, videos, links and texts) promotional, political, religious, offensive, harassing, threatening, violent, sexist racist, pornographic or otherwise morally equivocal or indecent content ,. Swiss4Win reserves the right to proceed legally against the User who contravenes this obligation, as well as any other content in these general conditions of use (hereinafter "Terms and Conditions" or "T&C"). These T&C and their acceptance constitute a preliminary condition for the use of the Website. The Terms and Conditions become binding and effective for the person requesting the opening of a game account (the “User”) together with the completion of the registration on the Website.
By using the Website or any of the Swiss4Win games, the User acknowledges and agrees to be fully bound by the Terms and Conditions for the duration of the use of the Website.
The subject of these T&C does not cover issues that may arise as a consequence of the use of terminals of various kinds with internet access (PC, tablet, smartphone, etc.) or third-party software aimed at viewing and reproducing the game platform content (such as operating systems, web browsers, access software - Adobe Flash Player, Java, etc.) and the use of third-party applications (such as Google Play, iTunes, Windows Store, Apple Store), or caused by the User's Internet connection to these services, as these are not provided by Swiss4Win. Any liability of Swiss4Win in this regard is therefore excluded.
The current version of the T&C can be consulted at any time on the website www.swiss4win.ch - Terms and Conditions.
Swiss4Win reserves the right to unilaterally change the Terms and Conditions at any time; the changes will be reported to the User by email before their entry into force and presented for confirmation of acceptance via a pop-up window on the first access to the game account after their entry into force. Changes to the Swiss4Win Terms and Conditions come into force immediately after publication on the website www.swiss4win.ch. The User is responsible to periodically check the Terms and Conditions and be aware of the specific rules of the Swiss4Win games. In the event that the User does not intend to accept changes, he/she will not be able to access the gaming platform and must contact the Swiss4Win customer service team at the email address [email protected] to request the closure of your account. This can be done at any time. However, until then, the new T&C will also become binding.
2. GAME ACCOUNT
GAME ACCOUNT OPENING
Using the Swiss4Win gaming offer is subject to the opening of a game account, reserved for individuals and limited to only one game account per person. The game account is personal and the User is prohibited from allowing third parties to use it. Furthermore, it is forbidden to sell, transfer or make the game account usable to other people, or to acquire or use accounts belonging to other people.
To open a game account on swiss4win.ch, the User must:
- be of legal age (over 18);
- have a domicile or habitual residence in Switzerland;
- not be subject to an exclusion from the game pursuant to art. 80 Swiss Gaming Act (LGD);
- not be subject to the gambling ban (art. 52 LGD), the limitation on participation in games (art. 53 LGD) or exclusion from gambling pursuant to art. 42 Swiss Gaming Ordinance (OGD).
At the moment of registration, and therefore at the request to open a game account, the User must provide the following data, completing the relevant boxes:
- Name, Surname;
- Date of birth;
- Primary residential or domicile address in Switzerland;
- Valid personal email address;
- Valid personal mobile number.
The completion of registration implies confirmation by the User of the accuracy of all data entered. Swiss4Win reserves the right to carry out checks on the data recorded by the User, also by using third-party services.
The User will also have to choose a username and password, which will be used for each subsequent access to the Website. The User is the sole responsible to protect own access data and it is forbidden to pass them on to third parties. If a third party obtains - legally or illegally - access to the User's data, Swiss4Win declines any responsibility for the relative misuse made by third parties or for damages that could derive from it. In the event that the game account is used by third parties or there is a suspicion of such an activity, Swiss4Win reserves the right to block the account and any remaining credit. In the event of loss of access data, the User is invited to contact the Swiss4Win support team ([email protected]).
Once the registration process is complete, through the link sent to the email address provided, the User can access the game offer on the Website with a temporary game account, which must be validated in the definitive one within 30 days from the moment of registration through the transmission of the required documents that allow to ascertain the information provided during the registration process. In the presence of a temporary game account, active until the validation of the definitive game account and in any case for a maximum of 30 days from the moment of registration, the User can deposit on his/her account in total up to a maximum of CHF 1'000.- and it will not be possible to collect any winnings, in accordance with art. 52 OGD.
As part of the game account validation procedure, the User is obliged, within 30 days from the moment of registration, to send a copy of his Lugano Class Card, if available, or a copy of an official and valid identity document. The following documents are considered official identity documents, provided that they contain a photo of the owner and are written in Latin characters and allow the crossing of the border:
- Identity card;
- Driver’s licence;
- Swiss account for foreigners (B, C, Ci and L), provided that the accuracy of the data has been subject to a thorough official check.
Foreign passports and identity cards which, according to the instructions of the State Secretariat for Migration, allow entry into Switzerland, as well Swiss passports and identity cards expired for no more than five years, are considered valid. In the event that Swiss4Win has not been able to verify the residential address through third parties, the User must also provide proof of residence, for example via a gas, electricity, water, TV or Internet bill, telephone operator contract, health insurance bill, bank statement, the Swiss account for foreigners (B, C, Ci and L) or certificate of residence of the residents’ registration office. Documents must not be older than 3 months, nor being expired. For utiliy bills, the issuing date is the one taken into account.
They can be sent through the appropriate "Account Verification" function of the game account or by email ([email protected]). Swiss4Win will proceed with the validation of the final game account only if checks on the identity document and the address of residence or domicile do not reveal any doubts on the validity, their truthfulness or there are no other reasons for dispute. Swiss4Win reserves the right to request other documents or supporting documents to fulfill its legal gambling obligations and due diligence obligations in the context of the application of the Federal Act on Combating Money Laundering and Terrorist Financing ("AMLA") and to block the account and any remaining credit until the conclusion of these clarifications.
User identity will be verified on the basis of all the following elements or a combination of them: personal data provided and residence address, email address, IP address, credit/debit card data, hardware used and any other required form of identification.
By accepting these T&C, the User confirms the correctness and truthfulness of the data recorded/communicated and the documents/supporting documents transmitted, and undertakes to immediately notify any changes to Swiss4Win, using the respective section of his game account.
The User must ensure to always update the account personal data and the primary address of residence. Swiss4Win is authorized to use such data for the purpose of sending communications to the User. Swiss4Win reserves the right to store all personal data provided by the User within the limits granted or established by law. The User has the right to consult the personal data stored by Swiss4Win through the Website at any time.
After registering, the User will be able to independently modify only the primary address of residence or domicile, which for the purposes of using the game account must be in Switzerland, and the telephone number. Swiss4Win will verify the residence or domicile address both at the time of registration and following any changes. To modify all the other fields provided in the registration process, the User must send a request to the support team ([email protected]).
If the documents required to verify the information provided have not been sent within 30 days of registration, Swiss4Win will proceed with the suspension of the game account. From this moment, the User will not be able to make deposits or continue with the game activity. Therefore, it will only be possible to withdraw any sums deposited net of winnings in accordance with legal provisions (article 52, para.3 OGD), after any checks on the identity of the User and the recipient of the payment account by Swiss4Win.
DEPOSITS AND WITHDRAWALS
The game account is powered by the User's deposits, by the winnings achieved and by any free gaming credits accrued or attributed free of charge by Swiss4Win through the Website. Bets made by the User using the Swiss4Win game offer are deducted from the balance of the relevant game account.
To make a deposit, the User can use the methods indicated in the appropriate "Deposit" section of the Website. Swiss4Win reserves the right to change the offer of payment methods at any time and at its complete discretion. It is specified that it is absolutely forbidden to use payment methods in the name of legal persons (for example credit and/or debit and/or corporate cards).
Swiss4Win also reserves the right to request any information and evidence it deems necessary and/or appropriate to verify the origin of the User's financial resources and the payment instruments used.
The game credit is shown in Swiss francs (CHF). The minimum amount of deposit for the purchase of game credits is CHF 10.
The active balances in the User's game account do not accrue any interest. Swiss4win does not act as a credit provider and does not allow a game account to remain uncovered (have a negative balance), nor does it allow a User to make deposits and withdrawals without commensurate gaming activity. Swiss4Win reserves the right to request other documents or supporting documents to fulfill its legal gambling obligations and due diligence obligations in the context of the application of the AMLA and to block the account and any remaining credit until the conclusion of these clarifications.
The User has the right to request at any time, by choosing one of the methods provided in the specific "Withdrawal" section, the withdrawal of the balance or part of it (credit) available in the game account, with the exception of the free game credit (bonus balance), which will be automatically canceled at the time of the withdrawal request. It is understood that in the event of a provisional game account, the provisions of Article 52, para. 3 OGD described above apply.
Swiss4Win authorizes the transfer of the available balance or part of it exclusively to a payment account, in the name of the User of the game account (of the User). Swiss4Win reserves the right to request identification documents or other information or evidence during the withdrawal process. Payment usually takes place within five business days.
To avoid misuse of the game account, in the event that a withdrawal of the sums previously deposited is requested, Swiss4Win reserves the right to impose the game account closure with the consequent liquidation of the entire withdrawable balance. It is understood that in the event of a provisional game account, the provisions of Article 52, para. 3 OGD described above apply.
Swiss4Win reserves the right to charge an administration fee of 5 CHF, which will be deducted from the withdrawable balance, to all Users with provisional game accounts that require the withdrawal of previously deposited sums. This charge may also apply to all game accounts on which Swiss4Win requires closure with consequent liquidation of the withdrawable balance.
For withdrawal transactions carried out with certain payment methods, commissions may be applied; these are illustrated in the withdrawals section and must be confirmed by the User when selecting the payment method.
If the data provided by the User in relation to the payment account are not (more) valid and Swiss4Win is unable to contact the User with reasonable effort and commensurate with the amount in question, Swiss4Win will retain the credit on the game account, where it will remain available for two years. At the end of this period, Swiss4Win will transfer the credit to the AHV compensation fund.
GAME ACCOUNT BLOCK
Swiss4Win reserves the right to block access to the User's game account at any time:
- when the conditions of art. 80 para 1, 2 or 5 LGD are fulfilled;
- if there is a suspect that the User is excluded from the game, see section 4;
- if there is a suspect that the User is violating existing legislation. This is mainly, but not exclusively, the case if there is a suspicion or certainty that the User uses the game platform or the Website in an improper way, tries to influence the correct running of the game, for example using bots or other malware, otherwise taking advantage of a game error, influencing or colluding with other players and/or other Users with the aim of influencing the game in any other way;
- if there is a suspicion that the User violates these T&C and other Website regulations;
- during the clarification procedures that Swiss4Win undertakes in compliance with the legal obligations imposed by current legislation.
When deemed appropriate and/or imposed by current legislation, Swiss4Win will inform/file a complaint with the prosecution authorities and/or send a report to the Money Laundering Reporting Office.
GAME ACCOUNT CLOSURE
At any time the User can request the closure of the game account by sending an email to [email protected]. To close a game account, it will be required to provide a copy of a valid identity document and the payment account data in the name of the User for the transfer of the remaining balance. Swiss4Win reserves the right to request further documentation to verify the validity of the personal and financial data recorded.
Swiss4Win will autonomously close the game account in particular if it detects the violation of these T&C and/or if the game account has been inactive for at least two years.
In the event of an account closure, any outstanding balance is paid into a Swiss payment account in the name of the User. It is understood that in the event of a provisional game account, the provisions of Article 52, para. 3 OGD described above apply. If the account details provided by the User are incorrect and despite a reasonable effort and commensurate to the relevant amount Swiss4Win is unable to contact the User, Swiss4Win will keep this amount available to the User for two years, after which it will transfer it to the AHV compensation fund as provided for by the LGD.
In case of closure of the game account, the User will be able to reopen a new game account only after 15 workdays from closure.
3. GAME ACTIVITIES
For each individual game, Swiss4Win makes the rules of the game or a summary of them available to the User. They are accessible in the specific help area on the screen of each game.
Swiss4Win does not issue certificates on User's winnings.
Winnings from online casino games are subject to withholding tax starting from amounts greater than CHF 1 million, under art. 6 para. 1 Withholding tax Act in relation to art. 24 lett. i and ibis Swiss Act on direct federal tax. In the event of a win of more than CHF 1 million, Swiss4Win will withhold the withholding tax equal to 35% of the amount in excess of CHF 1 million and make the corresponding payment to the Federal Tax Administration. The corresponding payment slip will be sent to the user.
BONUSES AND FREE SPINS
Bonuses are free game credits offered by Swiss4Win which are paid into the User's game account and become part of the available balance. The Free Spins consist of one free spin with a default value offered by Swiss4Win on selected slots or Live games tables. Bonuses can only be used to purchase game participation rights and can never be withdrawn or converted into cash.
Swiss4Win reserves the right to withdraw or withhold Bonus offers and/or Free Spins and/or winnings generated by the same if the latter have been incorrectly credited or irregularities of any kind are detected in the User's game behavior.
For more information and the general conditions applicable to Swiss4Win's Bonuses and Free Spins, please refer to the General Conditions of Bonuses and Free Spins.
In the event that, during a bet with the wager made, a disconnection occurs (voluntary or non-voluntary for reasons not attributable to Swiss4Win), unless otherwise specified in the regulations of the respective game, the game session is frozen and stored in the system for the next 90 days, with the exception of Live games, where the game result is achieved even in the absence of the User and is recorded in the appropriate ection of the game "Account trasactions". The moment the User connects again, the system will automatically allow to reach the game environment and resume the interrupted play at the same point where the disconnection took place, provided that the reconnection takes place within the term of 90 days from the disconnection. In case of non-reconnection of the User within 90 days, the bet at the time of disconnection is considered lost, the session is closed, and the remaining stake is transferred to the game account.
If, however, the malfunction is caused by the central systems of Swiss4Win and/or the Website, the hit is canceled, and the User returns to the original wager. This happens, for example, in the event of an irreversible malfunction of the hardware/software of www.swiss4win.ch.
For any malfunction, the refund obligation of Swiss4Win, if given, is limited to the amount present in the account and used in the game before the relevant session opening and subject to a thorough technical verification performed by the online game control department.
For all games, in particular Live games, Swiss4Win invites you to carefully read the rules of each game to understand its peculiarities.
ILLEGAL ACCESS TO THE GAME, UNLAWFUL ACTS
Swiss4Win reserves the right, whether required or appropriate, to proceed with the respective legal actions against persons who had access to the games, game account or internal systems of Swiss4Win by providing false information, acting through deception or otherwise irregular and/or who engage in unlawful acts that disrupt the regular game and game account management.
Users excluded from the game (as well as minors and those subject to aa exclusion, a game ban or limitation) are not entitled to a refund of the stakes or to the payment of winnings. Any winnings from these Users will be allocated to the AHV compensation fund in accordance with current legislation.
In the event of unlawful conduct by a player or User under these T&C and the legal provisions relating to gambling and casinos, Swiss4Win will proceed to exclude the player, with immediate effect, from further use of the services by Swiss4Win and the Website as well as unilaterally terminating the contract between the User and Swiss4Win. Furthermore, Swiss4Win is authorized and reserves the right to interrupt and terminate the games in progress, block the User's account with or without notice and retain the credit on the account as well as the credits obtained illegitimately until the clarification of any illegal behavior of the User, whose costs will be borne by the same. The exclusion will extend to the entire Swiss gambling offer (both online and land-based).
4. EXCLUSIONS, WARNING AND LIMITATIONS
In accordance with the current legal provisions (LGD and OGD), Swiss4Win will take the following measures against the User:
- Exclusion from all gaming activities (land-based and online) valid throughout Switzerland, if the conditions are fullfilled under art. 80 para. 1, 2 or 5 LGD (see section 5 Responsible Gaming)
- Warning and exclusion from all gaming activities (land-based and online) valid throughout Switzerland, under art. 42 OGD, if it is found that the User disturbs the conduct of the games by deception or otherwise. Notice of the warning shall be given by Swiss4Win to the User.
- Where it deems necessary, access restriction on the swiss4win.ch website and to the land-based structure of Casinò Lugano, under art. 53 LGD, without stating the reasons.
Swiss4Win reserves the right at any time to apply an exclusion from the game under art. 53 LGD or 42 OGD if the User violates these Terms and Conditions and other website regulations. Swiss4Win informs the User of the provision.
5. RESPONSIBLE GAMING
Swiss4Win, through the Website, works hard to offer a positive and fun gaming experience and invites Users to play moderately. Different tools are available on the swiss4win.ch website to check or limit the User’s gaming behavior:
- at the end of the initial registration, before being able to carry out any game activity, the User must set a maximum amount of weekly spending intended for the game. User is free to change the threshold values set any time. The reduction of the maximum amount has immediate effect, the increase in the maximum amount becomes effective after a waiting period of 24 hours;
- User also has the option to limit the amounts deposited - optional weekly or monthly deposit limit. User is free to change the threshold values set any time. The reduction of the maximum amount has immediate effect, the increase in the maximum amount becomes effective not earlier than 24 hours;
- User has the chance to temporarily exit the game, selecting a time interval raging from a minimum of 1 hour to a maximum of twenty-four hours. At the end of the set interval, the temporary exit from the game will automatically expire.
- User has the option to temporarily exit one or more categories or all games for a period set by him, from a minimum of one hour to a maximum of six months. At the end of the established time limit, the temporary exit from the game will automatically lapse. The resumption of the game before the User expires may be allowed only upon request to Swiss4Win through the Website;
- at any time, User can find within the account information about its gaming behavior, in particular on wagers, winnings and the net result of the gaming activity;
- the User may access at any time to: i) a self-assessment test of his/her gaming behavior, ii) a guide for requesting exclusion from the game, iii) the contact details of the GAT-P social protection officer (Ticino Gambling Group - Prevention) and iv) the data of the consultant centers for gambling addiction;
- the User can also request from Swiss4Win an exclusion from the game extended to all the offer of gambling games (land-based and online) on Swiss territory. The minimum duration of this exclusion is 3 months.
For more information, please vistit the "Responsible Gaming" section.
6. DATA PROTECTION
With regard to the collection and processing of personal data, Swiss4Win complies with the provisions of the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). It derogates within the limits permitted and/or imposed by the special cash games legislation to which Swiss4Win is subject.
Specifically, in order to protect players from excessive gambling and to combat crime and money laundering, Swiss4Win is authorized by law to process personal data, including those worthy of particular protection under the FADP, such as those concerning social assistance measures or penalties or administrative and criminal proceedings.
Swiss4Win retains the User's personal data even after the closure of the game account for a period of at least six years.
7. INTELLECTUAL PROPERTY
The Website and all contents as well as the entire game offer collected and accessible by the User are protected by copyright. The Website (www.swiss4win.ch), the domain and all the games or other content available on it belong to Casinò Lugano, unless otherwise indicated. Any use of the contents on the Website for private, public or commercial purposes is prohibited without the prior express authorization of Casinò Lugano and the indicated third party suppliers.
8. GUARANTEE AND LIABILITY
Swiss4Win assumes no responsibility for the continued availability or absence of defects in the use of the game offer on the Website. Temporary disturbances or interruptions of services provided through the swiss4win.ch website may arise due to technical problems, operational errors, interruption or disturbance of the communication networks, as well as failures of the IT infrastructure, telephone lines or other parts of the infrastructure required to provide the service. Consequently, Swiss4Win does not guarantee that its website-related services are always available and error-free. The same also applies in the event of third party attacks on systems protecting the Website and games.
Swiss4Win reserves the right at any time to temporarily or permanently limit User's access to the Website.
Swiss4Win is exclusively liable for damages directly caused by it to the User due to serious negligence and/or deliberately, to the extent that said behavior falls within its sphere of competencies. To the extent permitted by law, Swiss4Win excludes its wider liability. This applies in particular to damages to the User attributable to slight or medium negligence by Swiss4Win.
Furthermore, Swiss4Win assumes no liability for the content of third party websites to which the gaming platform swiss4win.ch (the Website) refers or which refer to it.
9. APPLICABLE LAW AND JURISDICTION
The legal relationship between the User and Swiss4Win is governed by Swiss law with the exception of conflict-of-law rules. The competent Court for any current or future dispute arising out of or in connection with this legal relationship is the Court of Lugano, Switzerland.
These Terms and Conditions are published in different languages for information purposes and to facilitate User orientation. However, in the event of discrepancies between these T&C in other languages and the Italian version, the latter remains binding for both contractual parties.
If individual clauses of these T&C are declared totally or partially null, the validity of the remaining rules remains unchanged.
Date: 01.02.2021 - version 1.2