GAMRFIRST - General Terms and Conditions (GTCs)
General provisions
Introduction
GAMRFIRST (also referred to as “gaming platform”) is the online casino of Casino de Montreux SA, the registered office of which is located at Rue du Théâtre 9, 1820 Montreux (Switzerland) and, here, refers to that company.
These General Terms and Conditions (hereinafter referred to as "GTCs") govern the terms and conditions to which users of the online casino site (players) commit to comply by their approval and by the mere fact of accessing the pages of the online casino site and using its features.
Offer
GAMRFIRST offers access to online casino games.
Access
Casino de Montreux SA operates an online gaming platform under concession number 516-015-01.
The gaming platform is accessible only to players domiciled or habitually residing in Switzerland (Art. 47 of the Swiss Gambling Ordinance).
GAMRFIRST may restrict or block access to the gaming platform or exclude a player at any time without providing any reason (Art. 53 of the Swiss Gambling Act).
GAMRFIRST may request any necessary information and perform any checks necessary through the player identity check procedure (Art. 49 of the Swiss Gambling Ordinance).
Applicable laws
These GTCs supplement the applicable legislation, in particular Swiss laws and regulations on gambling.
Players are informed that under certain circumstances, GAMRFIRST has a legal obligation to communicate the information and documents collected to the competent authorities (the SCC’s Anti-Money Laundering Ordinance and Art. 251 of the Swiss Criminal Code, in particular).
Applicable regulations
These GTCs are available in multiple languages (French, German, Italian and English). In the event of discrepancy, the French version shall prevail.
The updated GTCs can be viewed at https://www.gamrfirst.ch/en/terms-and-conditions; players will be informed in the event of update.
Compliance with the GTCs
Any account opening, use of the gaming platform, or participation in a casino game or promotional offer implies full and unreserved acceptance of these GTCs, as well as their appendices.
Player account
Important information
Each player may have only one account, which is personal and non-transferable, as well as any payments made in connection with this account.
No winnings will be paid out to players who do not meet the account opening requirements (Art. 52 par. 4 of the Swiss Gambling Ordinance).
The bets and winnings of unauthorised gamblers are therefore paid to the body designated by law, in principle the OASI equalisation fund (Art. 45 of the Swiss Gambling Act).
Players who are underage or are subject to a gambling suspension or subject to a gambling ban are not entitled to a refund of the sums they have bet or to the payment of their winnings.
Accounts are automatically closed after two years of inactivity (no transactions, no bets).
If the personal details do not match the identity or identification documents, no winnings or credits can be paid out.
Players confirm that they are aware of and accept the rules of the games in which they participate; these rules can be viewed directly in the game.
Conditions for opening an account
Players must be domiciled or ordinarily residing in Switzerland (Art. 47 of the Swiss Gambling Ordinance).
GAMRFIRST will perform the necessary checks.
Players must be over 18 years old (Art. 47 of the Swiss Gambling Ordinance).
Players must not be subject to a gambling suspension or subject to a gambling ban g (Art. 80 of the Swiss Gambling Act).
The necessary checks will be carried out against the list of game prohibitions and exclusions.
Players’ personal data (in particular surname, first name and date of birth) must match those listed on their identity documents (Art. 48 and 49 of the Swiss Gambling Act).
Players are responsible for the veracity of the information provided.
GAMRFIRST shall perform this verification in accordance with the applicable laws (Art. 49 of the Swiss Gambling Ordinance).
Players have read and accepted these GTCs.
Provisional account
At the time of registration, players are granted a “provisional” status account (Art. 52 of the Swiss Gambling Ordinance).
The status “Provisional” is assigned to player accounts whose identity verification has not yet taken place and/or the players’ residence address could not be verified.
GAMRFIRST verifies players’ personal information within 30 days of their account creation date.
Provisional accounts are subject to certain restrictions:
The maximum cumulative deposits are limited to CHF 1000.-
Player withdrawals are limited to the amount of their deposits
If a player do not meet the conditions set for opening an account or exceeds the deadlines:
The account is blocked.
Any balance shall be transferred by bank transfer to a Swiss payment account denominated in the players’ name up to the maximum amount of their deposits.
No losses will be reimbursed.
Any surplus over the authorised balance shall be paid to the OASI equalisation fund (Art. 52 of the Swiss Gambling Ordinance).
Verified account
To remove the limits placed on provisional accounts and grant “verified” account status, GAMRFIRST must be able to validate players’ personal information within 30 days of their account creation date.
Consequently, players must send in:
A copy of both sides of an official identification document (passport, identity card or Swiss driving licence)
Proof of residence (an utility bill for water, electricity, Internet, etc., less than 3 months old)
These documents will be verified.
GAMRFIRST reserves the right to ensure the veracity of the information and to obtain additional information, in particular through third-party service providers.
Account closure
GAMRFIRST closes player accounts (Art. 51 of the Swiss Gambling Ordinance):
This request can be made at any time via the Customer Service team.
If the player no longer meets the conditions for opening an account (Art. 47 of the Swiss Gambling Ordinance)
Where a player account remains inactive for more than two years
If GAMRFIRST decides to terminate the business relationship, in particular due to suspected manipulation, fraud or criminal acts
Subject to a specific legal obligation, the closure of a player account results in the payment of any balance (without bonus credit) to a Swiss bank account in the player's name; such players are prohibited from reopening an account in their name or in the name of a third party.
Where an account is closed for criminal reasons or suspicions of the same nature (e.g. the player appears on an official list drawn up as part of the fight against certain forms of crime) the account is closed immediately. By law, data are transmitted to the banking body and competent authorities, where required by law.
Deposits
GAMRFIRST does not grant any credit or overdraft (Art. 75 of the Swiss Gambling Act).
The provisions and conditions agreed between the players and their respective payment providers shall apply.
GAMRFIRST shall not be liable for any errors in the transfer of funds or technical problems with the means of payment.
Credits belong to the player, are not transferable and do not bear interest (Art. 69 of the Swiss Gambling Act).
Players are not authorised to deposit funds into an account for which they are not the beneficial owner. GAMRFIRST shall be entitled to request from players, at any time, any information and evidence which it deems necessary to identify and clarify the origin of the funds.
Players are not authorised to deposit into their account funds which they know or must assume to be the result of criminal or illegal activity, or to deposit them using a means of payment which they are not authorised to use. GAMRFIRST is authorised to require from players at any time the information and supporting documents deemed useful to clarify these circumstances.
Withdrawals
Players may request at any time (except as provided for in the "provisional account" section) that their active balance on GAMRFIRST or part of it be transferred to their payment account. (Art. 50 par. 3 of the Swiss Gambling Ordinance)
To make a withdrawal:
Payments may be subject to a time lag due to the verification process (in particular Art. 3, 4, 5, 15, 16 and 17 of the SCC’s Anti-Money Laundering Ordinance).
GAMRFIRST blocks deposits and withdrawals until the player provides the required documents.
Free play credits offered by GAMRFIRST do not form part of the credit balance (Art. 50 of the Swiss Gambling Ordinance).
Bets and winnings
The player’s bets are deducted from the GAMRFIRST player account and the winnings credited to the player account.
The minimum and maximum bets as well as the winnings possibilities are set out in the rules for all the games available on GAMRFIRST (Art. 30 of the Swiss FDJP Casinos Ordinance).
Individual winnings from online participation in casino games are exempt from tax up to an amount of CHF 1 million (Art. 24 of the Federal Act on the Federal Direct Tax (LIFD)). GAMRFIRST immediately deducts the 35% withholding tax from the exempt amount and transfers it to the Swiss Federal Tax Administration (Art. 1, 6, 12, 13, 14, 16 of the Swiss Federal Act on Capital Gains Tax). Players receive a withholding tax certificate for the part of the winnings subject to withholding tax. Should they have any questions about tax consequences, they should contact their personal tax advisor exclusively.
Where a game is interrupted, the outstanding winnings will be paid into the player's account and no wagering will take place until the player is connected to the game (Art. 25 of the Swiss FDJP Casinos Ordinance).
Demo games are available free of charge, only when players are not logged into their player account.
In the event of a complaint, the player shall inform GAMRFIRST in writing (letter or email) within a maximum of 10 calendar days, providing all necessary details (date of incident, implications, etc.). After the expiry of this period, any possibility of a claim is lost.
Underage players and players subject to a gambling suspension or subject to a gambling ban are not entitled to a refund of any bets or winnings. Such winnings shall be allocated in full to old-age, survivors’ and invalidity insurance. (Art. 45 of the Swiss Gambling Act)
GAMRFIRST reserves the right to subsequently correct inaccurately recorded results, and to retroactively delete incorrect or fraudulent winnings.
GAMRFIRST does not issue winning certificates to players (Art. 70 of the Swiss Gambling Act).
Bonus and promotions
The bonus and promotions terms and conditions are complementary to the GTCs and form an integral part of these GTCs.
Players also confirm that they have read, understood and accepted the bonus and promotions terms and conditions.
Data protection
Player agrees to the collection, processing and use of his personal data, including his email address and telephone number, in particular for the purpose of::
Player protection measures
Fight against crime and in particular money laundering
Account management
Modification of the GTCs and personal contacts required with the player
The use of the platform involves the processing of some of the players’ personal or sensitive data.
In this context, GAMRFIRST:
Stores this data (including after the closure of the player account) for the duration provided for by law
Data processing is carried out in accordance with the terms of the GTCs and in accordance with the legal framework, in particular the Swiss Federal Act on Data Protection.
GAMRFIRST’s privacy policy is set out in a complementary document to the GTCs and forms an integral part of the GTCs.
Players confirm having read, understood and accepted GAMRFIRST’s privacy policy.
Intellectual property
The use of GAMRFIRST services is a license granted to the player. The game platform and all of its contents are protected by intellectual property rights against any undue use.
Any use of the content is therefore prohibited without the written consent of GAMRFIRST and/or its suppliers.
Fraud and cheating
Any sale, transfer or purchase of player accounts is subject to criminal prosecution.
Any manipulation of data, undue access, fraud or attempted fraud, in particular for unduly collecting a profit, will be denounced and criminally prosecuted..
Any breach or attempt to breach GAMRFIRST's automated data processing system will be reported and criminally prosecuted.
Any operation whose purpose or effect is to breach the secrecy of correspondence or data relating to the private sphere of other players will be criminally prosecuted..
Violation of the contractual rules, including the game rules and the GTCs, will result in a temporary or permanent ban and may be reported if it is of a criminal nature.
The following behaviors, among others, are deemed fraud or cheating:
Misuse of bonuses, promotions and/or any other offer
Using another player’s account (even with the account holder’s consent) or opening multiple accounts
Manipulating games using external software
Responsible gaming
Early detection
In order to protect players from excessive gambling, their gambling behaviour is analysed using automated tools (Art. 90 of the Swiss Gambling Ordinance).
When an at-risk player is detected, GAMRFIRST:
Processes the player's game behavior data and is entitled to obtain any information about the player's financial situation (Art. 46 of the Swiss Gambling Ordinance)
May therefore contact the player and request any supporting documents regarding that person’s financial situation
Gambling exclusion
Players may be excluded, in particular when GAMRFIRST knows or assumes that they:
are insolvent
are not meeting their financial obligations
place bets that are disproportionate to their income and wealth.
Players subject to a gambling exclusion are listed into a national register.
Lifting of a gambling exclusion
Individuals who have been suspended or banned from gambling may apply to have their exclusion lifted at the casino where it was issued.
However, they must be able to demonstrate:
Their eligibility to gamble
That the reason for the exclusion is no longer applicable
Having agreed to refer to a recognized specialist service where appropriate
Players who have volunteered to be banned from the casino, have the possibility to apply for a lifting of the ban after 3 months at the earliest.
Self-limitation
Self-limits can be set on the amount of deposits, bets and losses over a defined period of time (day/week/month) as well as on game cool-offs; more information on responsible gambling is available on the page Play Responsibly.
Players set their own limits.
Lowering limits is effective immediately
Increasing limits is effective after 24 hours
Self-assessment
A self-assessment tool is made available to players to enable them to better understand their gaming behaviour; GAMRFIRST cannot be held liable for the results of the analysis of the player's gambling practice.
Guarantees and responsibilities
GAMRFIRST provides its services with the utmost care.
GAMRFIRST guarantees strict compliance with the legal, regulatory and contractual framework for all its games and platform, as well as compliance with the games rules, as set forth by the competent authorities.
However, players remain solely responsible for the amount of their bets and the data they provide.
They are responsible for input and content errors, and for the completeness and accuracy of the information they provide.
GAMRFIRST reserves the right to correct certain obvious errors in the entry or interpretation of results (e.g. incorrect bets), albeit without being able to guarantee the control of these errors, their verification or their correction.
Players are also liable for the consequences resulting from incorrect use of their player account by themselves and by third parties.
From the technical standpoint, GAMRFIRST cannot guarantee the constant availability of the gaming platform or its services.
GAMRFIRST reserves the right to interrupt access to the gaming platform, in particular to carry out and have carried out the necessary maintenance or servicing work, at any time, in order to maintain the functionalities and quality of service.
GAMRFIRST may not be held liable for events that do not fall within its sphere of responsibility.
In particular, GAMRFIRST cannot be held responsible for breakdowns affecting the gaming platform, service interruptions, and for events occurring outside its sphere of control, unless it is proven negligent.
GAMRFIRST is thus not liable for the lack of availability or transmission errors outside the system under its responsibility (lack of availability of the Internet, breakdown of communications systems, loss of connection, etc.).
GAMRFIRST cannot be held responsible for errors or alterations to the data transmitted which are not due to its systems; only the data once recorded in the system of the game provider will thus be authentic (bets, winnings, participation).
Changes to General Terms and Conditions
GAMRFIRST may amend these GTCs at any time.
Any changes are announced to the player appropriately.
Final provisions
Applicable law and place of jurisdiction
In the event of a dispute, the exclusive place of jurisdiction shall be Montreux, Switzerland, and Swiss law shall apply.
Date
These GTCs come into effect on 01.10.2021 and replace all other previous provisions.