Tsogo sun Gaming App
Terms & COnditions
This Tsogo Sun Gaming application (“App“) is a multi-partner application operated by Tsogo Sun Casino Management Company Proprietary
Limited (Registration Number: 1996/007718/07) on behalf of the Tsogo Sun Gaming’s “Participating Casinos” (collectively referred to as “Tsogo Sun Gaming Group“, “we”, “us” and “our).
The “Participating Casinos” are: The Ridge Casino; Gold Reef City Casino; Silverstar Casino; Montecasino; Emnotweni Casino; Blackrock Casino; Goldfields Casino; Golden Horse Casino; SunCoast Casino; Hemingways Casino; Garden Route Casino; The Caledon Casino ; and Mykonos Casino.
1.1. The Terms and all other rules or polices that may be posted on the App set out the terms on which we offer you access to use the App and Services. All of our rules and policies are incorporated into these Terms. You agree to comply with all of our rules and policies and in particular these Terms, when you access and use the App.
1.2. By accessing the App and/or using our Service, you agree to all the terms set out in these Terms, which are designed to make sure that the App is useful to everyone. Some of our Services may contain additional rules or terms, from time to time, which may be relevant to the specific Service you are using. By using those Services, you agree to be bound by any such additional rules and/or terms.
1.3. Should you not agree to the Terms, or any of our updates or changes thereto as dealt with below, you should not access or use the App.
1.4. You confirm that you are 18 (eighteen) years or older. You may not register to use this App if you are under the age of 18 (eighteen).
1.5. If you are excluded, self-excluded or a juristic person, you will only have limited access to restricted content on the App.
2.1. “Registered Patron” refers to a user that is a Tsogo Sun rewards member at any one of the Participating Casinos; and
2.2. “Registered User” refers to a user of the App but does not include a user who is a Tsogo Sun rewards member.
2.3. You must be registered on the App in order to use the App. You are responsible for all actions taken using your username, cell phone number, email address and password.
2.4. If you are a Registered Patron, you must ensure that you use the same identification number and cell phone number to register on the App as you did to register to become a Tsogo Sun Gaming Group reward member.
2.5. You need a valid cell phone number in order to register on the App. A one-time registration pin will be sent to you via SMS to authenticate your registration.
2.6. You will also need a valid email address in order to complete your registration. We will send you a verification email to further authenticate your registration.
2.7. It is your responsibility to ensure that the identification details provided to register on the App are accurate and kept up-to-date.
2.8. You agree that you will use your username and password for your personal use only and will not disclose it to, or share it, with any unauthorised third party. You must inform us promptly if a third party gains access to your App login details.
2.9. You must not circumvent our user identity authentication procedures or systems.
2.10. You will be liable for payment in respect of any Services ordered using your username and password, irrespective of whether the use of your username and password is unauthorised or fraudulent, except where the Service is cancelled in accordance with these Terms.
2.11. While your login credentials and profile is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a third party. You will also not retain any entitlements to your login credentials and profile once this agreement ends.
2.12. You may request Tsogo Sun Gaming Group to deactivate your registration to the App. In this regard, Tsogo Sun Gaming Group also reserves the right to, in its sole discretion, deactivate your registration on the App.
3.1. As a condition of your use of the App and Services offered on or through the App, you agree that you will not use the App to:
3.1.1. violate any applicable laws, including but not limited, to gambling, consumer protection, data protection and intellectual property laws (including their regulations and guidelines);
3.1.2. use the App in any manner that could impair the App in any way or interfere with any party’s use or enjoyment of the App;
3.1.3. infringe any third-party right;
3.1.4. distribute viruses or any other technologies that may harm the App or the interests or property of other App users;
3.1.5. impose an unreasonable load on our infrastructure or interfere with the proper working of the App;
3.1.6. use any robot spider, scraper or other automated means to access the App and collect content for any purpose without our express written permission;
3.1.7. harvest or otherwise collect information about others, including email addresses, without their consent or otherwise violate the privacy of another person;
3.1.8. use the information available in the App other than in accordance with these Terms; and
3.1.9. bypass measures used to prevent or restrict access to the App.
3.2. You are solely responsible for all information that you submit to us.
3.3. We reserve the right, at our discretion, to restrict your use of the App either temporarily or permanently, or refuse your registration.
4.1. Unless explicitly provided otherwise in the Terms, offers made available to you through the App must not be sold and may not be redeemed for cash or otherwise exchanged.
4.2. Tsogo Sun Gaming Group will not be liable for any loss or damage (of any nature whatsoever and howsoever arising) in respect of special offers, promotions, promotional competitions, complimentary or discount vouchers (“Special Offers”), or any other value added services awarded or made available through the App.
4.3. Registered Patrons understand that they may register draw tickets for gaming promotions through the App, subject to the terms and conditions of the relevant Special Offer.
4.4. Further rules and/or terms and conditions may be relevant to specific Special Offers that are made available through the App. These will be visible and communicated to you in respect of the specific Special Offer.
4.5. Not all Special Offers will be available at all Participating Casinos.
4.6. Special Offers can only be used in South Africa.
4.7. You may have access to exclusive offers on selected products and/or services sold by us or our affiliates or partners from time to time.
4.8. To take advantage of App-only Special Offers and benefits, you must present your membership card and/or the complimentary/discount voucher to redeem the Special Offer.
4.9. Special Offers will expire on the date indicated on the relevant Special Offer.
4.10. Messages, offers-redeemed and draw tickets will be retained and available to view on the App in your in-App mailbox for a period of 4 (four) months.
4.11. Special Offers are not redeemable for cash. If you do not use your Special Offers within the time stipulated on the relevant Special Offer, if you cease to be a Registered User, or if the Service or App is discontinued, for whatever reason, you will lose your Special Offer(s).
5.1 Please report problems, offensive content and policy breaches to us at the following email addres – firstname.lastname@example.org
6.1. You may, from time to time, make payments to us or third parties as part of your use of the App or Services. We may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). You must comply with all such terms in relation to your payments to us. You agree that you are solely responsible for all fees and taxes associated with any such payments, and that pricing and availability of services and products are subject to change at any time.
6.2. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR ITEM OR SERVICE WITHIN THE APP, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY SERVICES OR PRODUCTS WITHIN THE APP (WHETHER USED OR UNUSED).
6.3. We may process payments from you in the App via a third party service. You agree to comply with that relevant third party’s terms and conditions in relation to the payment processing service.
7.1. “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our App or the Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our App or the Services.
7.2. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT ON THE APP MAY BE DELAYED. Please consult with Club Desk or Casino management for accurate real-time Content. Content may also differ between systems, for example you may see different Content on the App vs the Tsogo Sun Gaming Group website or e-host. TSOGO SUN GAMING GROUP MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED IN LAW OR RESIDUAL, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF CONTENT CONTAINED ON THE APP AND SHALL NOT BE BOUND IN ANY MANNER BY CONTENT CONTAINED ON THE APP.
7.3. Tsogo Sun Gaming Group Content:
7.3.1. Tsogo Sun Gaming Group owns or is entitled to use all of the Content made available on our App or through our Services.
7.3.2. You may not, unless with our express and written consent –
184.108.40.206. reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
220.127.116.11. decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
18.104.22.168. incorporate the Content into any other content for whatever purpose;
22.214.171.124. remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or
126.96.36.199. frame any portion of a web page that is part of our App or Services.
8.2. You will always be entitled to notify us that you do not wish to receive or continue to receive such communications by choosing to unsubscribe from direct marketing communications under the App Settings.
8.3. Your Geolocation information may be used by us to indicate to you where the closest Participating Casino or Special Offer is or otherwise to enhance our Services.
8.4. We will also, from time to time, send you service communications. These communications are required in order to manage our App and/or Services we provide to you. You will not be able to opt-out from receiving these communications for as long as you use the App and/or Services.
9.1. If you are a Tsogo Sun Gaming Group reward member, your membership information (which includes, your point balance and reward status) will be reflected on the App once you have downloaded and registered to use the App.
9.2. By registering on the App you agree that Tsogo Sun Gaming Group may obtain such information from any of its affiliates.
9.3. The Tsogo Sun Gaming Rewards ProgrammeTerms and Conditions may be viewed on https://www.tsogosungaming.com/rewards/rewards-benefits/.
10.1. We may offer goods, services or products of third parties, or our Services in conjunction with that of third parties on the App.
10.2. We do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through the App and we will bear no responsibility for your use of, or relationship with, any such third parties or third party services.
10.3. Such goods, services or products are provided subject to the terms, conditions and limitations imposed by those third parties. You must read the relevant terms, conditions and limitations imposed by those third parties.
10.4. If those third parties change, suspend or stop providing such goods, services or products, we may similarly change, suspend or stop providing it to you. We may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider, but we will do so at our sole and absolute discretion.
10.5. When you acquire goods, services or products from a third party through our App, you understand and agree that –
10.5.1. we are not a party to the contract between you and the third party;
10.5.2. we are under no obligation to monitor the third-party service used by you;
10.5.3. the third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees;
10.5.4. you will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.
10.6. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH THE APP, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT OR SERVICES PROVIDED BY SUCH THIRD PARTIES WITHIN OUR APP.
11.1. While we endeavour to ensure that our App and Services are normally available 24 hours a day, we will not be liable if, for any reason, our App or Services are unavailable at any time or for any period.
11.2. Access to our App or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
11.3. We reserve the right to amend, suspend or discontinue any Service or our App, or any aspect thereof, including but not limited to available content, times of availability or equipment needed for access or use the Service of App.
11.4. You understand that the latest version of the App should be downloaded or kept updated to ensure that the App works optimally.
12.1. YOU USE OUR APP AND SERVICES AT YOUR OWN RISK.
12.2. WHILE WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON OUR APP IS CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON OUR APP OR THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM OUR APP OR SERVICES ARE FREE FROM ERRORS OR OMISSIONS.
12.3. WE MAY MAKE CHANGES TO THE CONTENT ON OUR APP AT ANY TIME WITHOUT NOTICE. THE CONTENT ON OUR APP MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
12.4. TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE OUR APP OR SERVICES OR CONTENT PROVIDED FROM OR THROUGH OUR APP OR SERVICES.
12.5. OUR APP AND SERVICES ARE SUPPLIED ON AN “AS IS” BASIS AND HAVE NOT BEEN COMPILED OR SUPPLIED TO MEET ANY USER’S INDIVIDUAL REQUIREMENTS. IT IS YOUR SOLE RESPONSIBILITY TO SATISFY YOURSELF PRIOR TO ENTERING INTO THIS AGREEMENT WITH US THAT THE SERVICES AVAILABLE ON OR THROUGH OUR APP WILL MEET YOUR INDIVIDUAL REQUIREMENTS AND BE COMPATIBLE WITH YOUR DEVICE HARDWARE AND/OR SOFTWARE.
12.6. INFORMATION, IDEAS AND OPINIONS WHICH MAY BE EXPRESSED ON OUR APP SHOULD NOT BE REGARDED AS PROFESSIONAL ADVICE OR OUR OFFICIAL OPINION AND YOU ARE ENCOURAGED TO CONSULT PROFESSIONAL ADVICE BEFORE TAKING ANY COURSE OF ACTION RELATED TO INFORMATION, IDEAS OR OPINIONS EXPRESSED ON OUR APP.
13.1. In order to ensure the security and reliable operation of the App for all users, we reserve the right at our discretion to take whatever action we find necessary to preserve the security, integrity and reliability of our network and back-office applications. Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act, 2002 (specifically sections 85 to 88 (inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by us and our affiliates, agents and/or partners.
13.2. You may not use our App in any manner which may compromise the security of our network or any other network connected to our network.
13.3. We take reasonable steps to secure your payment information. We use a payment system that is, in our reasonable opinion, sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
14.1. You may approach any other relevant authority or dispute resolution body or refer the matter to Arbitration as set out below, for resolution of a dispute.
14.2. You agree that any dispute between us shall be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa. Such arbitration shall be held in Johannesburg and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in and judgement upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
14.3. The arbitrator shall have the power to give default judgement if any party fails to make submissions on the due date and/or fails to appear at the arbitration.
14.4. The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction to obtain interim or other relief in cases of urgency.
14.5. You must send any notice or legal process relating to the Terms to the following address: Cindy Wannell, Tsogo Sun Gaming Group, Palazzo Towers East, Montecasino Boulevard, Fourways, 2055, ATTN: The Company Secretary – with a copy to – email@example.com
15.1. These Terms will apply to your use of the App until your access to the App is terminated by either you or us.
15.2. In addition to other rights specified in the these Terms, we may suspend or terminate your access to your account or the App entirely: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of the App creates risk for us or for other users of the App, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you fail to use the App for a prolonged period; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
16.1. Our App is licensed, not sold, to you for use only under the terms of this license. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to use a copy of our App on a mobile device that you own or control and to run such copy solely for your own personal purposes. You may not rent, lease, lend, sell, redistribute or sublicense our App. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of our App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with our App).
16.2. The terms of the licence will govern any updates that replace and/or supplement the original App.
16.3. The licence is effective until terminated by you or us. Your rights under this licence will terminate automatically without notice from us if you fail to comply with any term(s) of these Terms. Upon termination of the licence, you shall cease all use the App, and destroy all copies, full or partial, of the App. The termination of this licence will not affect your rights or remedies, or ours, for the period prior to termination, or those rights and obligations which the licence intends, either expressly or by implication, to survive beyond termination.
17.1. The Terms and the other policies posted on the App constitute the sole and entire agreement between us and you.
17.2. No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to us or the App.
17.3. Tsogo Sun Gaming Group may transfer its rights and obligations under the Terms to a third party without your consent. However, you may not transfer your rights and obligations under the Terms to a third party without the consent of Tsogo Sun Gaming Group.
17.4. This agreement shall be governed by the laws of the Republic of South Africa.
17.5. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
17.7. If any provision of the Terms is or becomes unenforceable for any reason, then such provision will be treated as if it had not been included in the Terms to the extent that it remains unenforceable and shall not affect the validity of the remaining provisions of the Terms.
18.1. A list of officer bearers can be requested from firstname.lastname@example.org
18.2. Our address and contact details are:
Palazzo Towers East
Private Bag X2000
Tel: +27 11 510 7700
Our email address is: email@example.com
Our website address is https://www.tsogosungaming.com/
18.3. The National Gambling Board is responsible for the oversight of the regulation in the gambling industry throughout the country and to preserve the integrity of South Africa as a responsible global citizen. For more information you can visit the National Gambling Board’s website: