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TERMS OF USE


These Terms of Use apply to you ("you" or "Customer") and form a binding contract between you and Toptech Media Limited ("we" or "Toptech"), if you play any games or offerings (the "Games") or use any software owned by or licensed to us in order for you to access the Games (the "Software") via the brands and products offered online via any Device (as defined below) on the website: www.jackpotsinaflash.com (the "Website") (collectively, the "Service").

Toptech is an Alderney registered company with registered address at La Corvee House, La Corvee, Alderney, Channel Islands, GY9 3TQ, and operates the Service pursuant to the Interactive Gaming License (no. 00769) issued to it by the Kahnawake Gaming Commission.

By using the Service, you agree that you have read and understood these Terms of Use and you acknowledge that these Terms of Use shall apply to you. If you do not agree to any of these Terms of Use, you should immediately stop using the Service and, to the extent applicable, remove the Software from any device which you are using to access the Service, including a computer, laptop, mobile phone or tablet (each, a “Device”).

By marking the box labelled “I am of legal age to gamble and I accept the Terms of Use and Verification Policy” as part of the registration process, you are bound by these Terms of Use, our Privacy Policy and any other rules, policies and guidelines which we may publish from time to time on the Website in regard to your use of the Service (collectively, the “Rules”).

  1. REGISTRATION AT JACKPOTSINAFLASH
    1. Restrictions. You can only use the Service if you are over 18 years of age or the minimum age for gambling in your jurisdiction.
    2. ID Requirements. In order to use the Service, we require you to provide certain personal details during the account registration process, such as your first name, family name, address and date of birth.
    3. ID Verification upon Withdrawal. You will not be able to make a withdrawal from the Site unless you send valid identification documents proving your address and age and these have been successfully verified by us or our agents. Acceptable identification documents include: (a) a copy of a recent credit, debit or bank account statement, (b) a copy of a recent utility bill showing proof of residence (for example, an electricity bill); and (c) a copy of a valid photo ID document (for example, a passport). For the purposes of (a) and (b), the statement or bill must not be older than three months.
    4. General Right of Verification. You hereby authorise us and our designated agents, as and when we require, to verify your identity and to clarify your right to use the money that you have wagered at the Website. We may withhold any funds in your account until your age is successfully verified. If you are found to be underage following completion of the account verification process, we will return to you any deposits made to the account, having voided all winnings and/or bonuses.
    5. Acknowledgement of Risk. You accept that your use of the Service is: (a) at your sole discretion, option and risk, and (b) for your own personal entertainment and non-professional use. You are fully aware that there is a risk of losing money when gambling and you are fully responsible for any such loss. In relation to any losses which you might incur, you shall have no claims whatsoever against Toptech, its corporate affiliates and each of their officers, directors and employees.
    6. Acceptable Use. You represent, warrant and undertake that you will comply with all applicable laws, statutes and regulations in relation to your use of the Service. We are not responsible for any illegal or unauthorised use of the Service by you. By accepting these Terms of Use you agree to assist us with ensuring our compliance with applicable laws and regulations. In the event that we identify that you have used or attempted to use amounts in your account for money laundering we reserve the right to report you to the relevant authorities and to comply with our obligations under law.
  2. OPENING AND MAINTAINING AN ACCOUNT
    1. Number of Accounts. You are entitled to register and operate a single account. If you hold more than one account, we reserve the right to suspend duplicate accounts until all the account details and balances are consolidated. Once completed, all other accounts will be terminated leaving a single active account.
    2. Registration Details. We require you to keep up to date the personal details which you provided at registration. Please contact Customer Service in order to update your account information.
    3. Verification of Bank Details. If you use a credit or debit card or a bank account for transactions via the Website, then the name of the cardholder or account holder must be the same as the name which you used when registering for an account on the Website. We reserve the right to run credit checks on all cardholders with third party credit agencies on the basis of the information provided on registration.
    4. Username and Password Details. The account registration process requires you to choose your own user name and password combination. You must keep this information secret at all times. Any actions carried out through your account will be valid if your user name and password have been entered correctly.
    5. Prohibitions. It is hereby clarified that the following activities through the Service shall be prohibited: (a) the transfer of funds between individual accounts; (b) the participation on credit.
    6. Interest. We are not a financial institution and thus any deposits made into your account or other funds in your account are not due any interest payments whatsoever.
    7. Records. It is your responsibility to retain copies of transaction records, the Rules and all other information which may be relevant to your account.
  3. ACCOUNT CLOSURES & SUSPENSIONS
    1. Inactive Accounts. We will consider an account to be “inactive” if no activity occurs in relation thereto for a period of 6 months after the last account login. An administration fee of the greater of USD20 or [15]% of the amount standing to the credit of the inactive account will be deducted from an inactive account on a monthly basis until such a time as the account is either: (a) no longer in credit or (b) become active once again.
    2. Dormant Accounts. Should we consider an account to be inactive for a period exceeding thirty (6) months, it will be deemed as being “dormant” and de-activated. If the account holds a balance, we shall attempt to contact you with a view to return any remaining funds. Should this not be possible, the remaining account balance (if any) shall be remitted to the Kahnawake Gaming Commission.
    3. Toptech’s Right to Close Account. We reserve the right to close your account for any reason whatsoever at any time, and will make reasonable efforts to provide you with notice of such closure as soon as possible. Any balance in your account at the time of such a cancellation will be credited to your credit or debit card or bank account, as applicable, subject to closures pursuant to Section 3.4 below.
    4. Account Suspension or Closure for Prohibited Activity. We reserve the right to suspend or close your account and/or withhold and retain all or part of your balance and any deposits, pay outs, bonuses and winnings attributable to the practices contemplated in this clause, at our sole discretion and without notice, where we have reason to believe that you have violated any of the terms and conditions set out in the Rules or engaged in any fraudulent, colluding, cheating, money laundering, illegal or bad faith activity in respect of your account, including:
      • a) unlawfully obtaining winnings;
      • b) facilitating any type of illegal money transfer or money laundering;
      • c) attempting to register a card or account pursuant to Section ‎2.3 in a different name to the name under which you registered for the Website;
      • d) having more than one account at the Website;
      • e) providing incorrect or misleading information while registering for an account of the Website;
      • f) being under the legal age to gamble in your country of residence;
      • g) allowing or permitting (intentionally or unintentionally) another person to use the Service via your account;
      • h) placing bets or wagers in a coordinated manner with other customer(s) involving the same (or materially the same) selections;
      • i) receiving a “charge back” and/or a "return" notification via a deposit mechanism used on your account;
      • j) using the Service from a Prohibited Jurisdiction;
      • k) making use of a system (including machines, computers, software or other automated systems such as bots etc.) designed specifically to defeat the gaming system;
      • l) abusing any Promotion & Bonus or any Rule including engaging in any suspicious game play.
    5. Miscellaneous. The rights set out in Section ‎3.4 are without prejudice to any other rights that we may have against you under these Terms of Use or otherwise. In addition, we reserve the right to send a documented copy of the decision to suspend or close your account (along with details of your identity and of any prohibited activity in which you have been engaged) to the Kahnawake Gaming Commission or other applicable government authorities, other online service providers, credit card companies, banks, electronic payment providers or other financial institutions. You must cooperate in full with our investigation into any such prohibited activity.
    6. Account Suspension or Closure by You. You can suspend your account through the cooling-off and exclusion procedures summarized in the Responsible Gaming Policy. If you wish to close your account, please contact Customer Service for assistance.
  4. WITHDRAWALS
    1. Minimum Withdrawal Amount. In accordance with our Withdrawal Policy, the minimum withdrawal amount is USD50 (or the equivalent value of the Customer's chosen currency) and all withdrawals will be processed back to the same payment method used to make a deposit on the account.
    2. Withdrawal Charges. Please note that one-off payment charges may be charged to you in respect of the withdrawal.
    3. Delay to Withdrawal. Withdrawals may be subject to a delay to the extent that we require additional time to complete the identification verification process referred to at Section ‎1.3.
    4. Right to Review. We have the right, in our sole discretion to review your account and its player history if we identify suspicious play (in accordance with Section 4.5 below) or if you are withdrawing an amount which is equal to five times the amount that you have ever deposited in an account on any site which is operated by us. In the event that we carry out this review the maximum amount that you will be eligible to withdraw will be $4000 (or the equivalent value in your selected currency) per week (excluding progressive wins). The balance will remain in your account until eligible for further withdrawal.
    5. Suspicious Game Play. All accounts are reviewed for suspicious game play as part of the process of any request made by you to withdraw funds from your account. This ensures that the Website maintains its standards of fair play. If we identify suspicious game play withdrawals from your account may be suspended and we have the right to forfeit any winnings in your account. We determine what constitutes suspicious play but please refer to our Withdrawal Policy for some examples of suspicious play.
  5. DATA PROTECTION
    1. Privacy Policy. We are committed to protecting and respecting your privacy and complying with all applicable privacy and data protection laws. For further information on how we handle or use the personal information which you provide us, we recommend that you review our Privacy Policy. Please note that our Privacy Policy is inseparably linked to these Terms of Use and its acceptance is a prerequisite to account registration.
    2. Migration. If you are at any time subject to the migration of an existing account from another website to the Website, you hereby consent, in addition to the transfer of your account balance, to the transfer of your personal information, including your full name, date of birth, registered methods of deposit, contact information, contact records and details of past transactions and visits.
  6. PROMOTIONS & BONUSES
    1. Bonus Separate Terms of Use. We may, from time to time, offer promotions, bonuses, special gifts, special offer and/or competitions on the Website (together, the “Promotions & Bonuses”), which Promotions & Bonuses shall be governed by separate terms and conditions uploaded to the Website from time to time. Your participation in the Promotions & Bonuses is subject to your strict adherence to such terms and conditions as well as these Terms of Use.
    2. Conflict. If there is any discrepancy, conflict or ambiguity between these Terms of Use and the Promotion & Bonuses terms and conditions, the latter shall prevail.
    3. Right to Terminate or Suspend. We reserve the right to terminate or suspend any Promotions & Bonuses at any time.
    4. Right to Withhold or Reclaim. If you breach any term applying to any Promotions & Bonuses, we reserve the right to withhold or reclaim any bonus, cash or free bets awarded or to void any winnings arising from the betting of the same. Any reasonable administrative costs that occur as a result of such a breach or from withholding or reclaiming will be levied against you.
    5. Limitations. All Promotions & Bonuses are limited to one person in any given household or family. We may, in our sole discretion, limit the eligibility of Customers to participate in any given Promotion & Bonus or withdraw the availability of any Promotion & Bonus to any Customer.
    6. Use of Promotions & Bonus Amounts. You don’t have to use a Promotion & Bonus. If you don’t want it then please email us or contact us by telephone [or over live chat] and we will remove it from your account. This doesn’t apply if you have already used any part of a Promotion & Bonus or if otherwise specified in the terms and conditions of a specific Promotion & Bonus.
    7. Requirement to Wager. The specific terms and conditions of any Promotion & Bonus may include a wagering requirement associated with the amount deposited by way of Promotion & Bonus. Additionally, you must wager an amount equal to 50x the amount of winnings deposited in your account from free spins or Promotions & Bonuses which do not require any prior deposit. After fulfilling the 50x playthrough requirement you will be permitted to withdraw winnings from your account up to a maximum of 100 casino credits only (and any remaining balance will be void).
    8. Wager Limits. While a Customer is actively playing with a Promotion & Bonus, the maximum wager that a Customer may place on the Website is $8 per round and 50c per line. Your winnings may be voided if you breach this rule.
    9. Promotion & Bonus on Registering. After you have fulfilled any wagering requirements you will be entitled to withdraw winnings from any Promotion & Bonus which may have been granted to you upon registering and opening an account on the Website up to a maximum amount which equals 6x the amount that you initially deposited in your account (excluding progressive wins). We may, in our discretion, determine that this limit should not apply.
  7. RESPONSIBLE GAMING
    1. Responsible Gaming Policy. We are committed to offering you a friendly and fun online gaming experience, while also recognising that gambling can cause problems for some individuals. For this reason, we support responsible gaming and encourage you to make use of a variety of responsible gaming features, the details of which are set out in our Responsible Gaming Policy.
    2. Self-Exclusion. You may, at any time, request to “self-exclude” via chat or phone.
  8. INTELLECTUAL PROPERTY RIGHTS
    1. Ownership of Intellectual Property. You acknowledge and agree that all right, title and interest in the Intellectual Property (as defined below) which relates to the Service is our absolute property or duly licensed to Toptech (the “Toptech IP”). Any use of the Toptech IP without our prior written consent is not permitted. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or tamper with the Toptech IP in any manner whatsoever. For the purposes of these Terms of Use, the term “Intellectual Property” means trademarks and trade names, whether registered or not, including trade mark applications and registered trademarks, with the goodwill which attaches in such trade names and trademarks, domain names, getup, trade dress and trading style, including without limitation as presented in websites; domain name registrations and any variations thereof now and in the future; any copyright in the getup, trade dress or trading style, any right or license under copyright to use such getup, trade dress or trading style, any software code, architecture of software, look and feel of software, or any other intellectual property, owned by or licensed to us, in each case in any part of the world.
    2. Use of Website Material. You acknowledge and agree that the material and content contained within the Website is made available for your personal, non-commercial use only. Any other use of such material and content is strictly prohibited.
    3. Limited License. We hereby grant you a limited, revocable, non-transferable, non-sub licensable, non-assignable and non-exclusive license to use our Software for the sole purpose of using the Games and for as long as you hold an active account with us, all subject to these Terms of Use. All rights in the Software are reserved, and you may use the Software only in accordance with the license granted herein.
  9. THE SERVICE
    1. "As Is" Basis. The Service is provided on an “as is” basis and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service.
    2. Reported Faults. We cannot guarantee that the Service will never be faulty but we will take reasonable measures to correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by e-mail to: support@jackpotsinaflash.com.
    3. Technical Issues. We take no responsibility for technical issues with your Device or the network which you are using to access the internet and you hereby acknowledge that such technical issues may place you at a disadvantage in peer-to-peer gaming or where television or other broadcasts are provided to you as part of the Games.
    4. Viruses. Although we shall take all reasonable measures to ensure that the Service is free from computer viruses, we cannot and do not guarantee that none will exist on the Service. It is your responsibility to protect your Device and systems and have in place the ability to reinstall any data or programs lost due to a virus.
    5. Voided Bets. In the event of a system malfunction, all unconfirmed bets are void. We are not liable to you for any loss that you may incur as a result thereof.
    6. Currency Exchange. You are strictly prohibited from utilising the Service to facilitate arbitrage through currency exchange transactions. Where we deem that you have deliberately used the systems for financial gain through arbitrage, any gains will be forfeited and deducted from your balance without warning or notification.
    7. Discrepancies in Results. In the event of a discrepancy between the result showing on your software and the Toptech server software, the result showing on the Betway server software shall be the official and governing result.
    8. Changes to the Service. We may suspend, modify, remove or add to the Service (in whole or in part) with immediate effect for any reason and at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of the foregoing.
    9. Prohibited Jurisdictions. We prohibit persons located in or residents of certain jurisdictions from using the Service (the "Prohibited Jurisdictions"). Any attempt to circumvent the restrictions on play by any persons located in or resident of a Prohibited Jurisdiction shall constitute a breach of this Agreement. An attempt at circumvention includes manipulating the information used by us to identify your location and providing us with false or misleading information regarding your place of resident or location.
  10. INDEMNITY
    1. You agree to indemnify and hold harmless Toptech, its corporate affiliates (including its parent company and subsidiaries) and all of their directors, officers, employees, shareholders and agents (together, the "Toptech Group") against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from your use of the Service, including without limitation, any violation of any of the terms and conditions set out in the Rules or engaged in any fraudulent, colluding, cheating, money laundering, illegal or bad faith activity which you engage in with respect to the Service.
  11. LIMITATION OF LIABILITY
    1. Cap on Liability. The total liability of the Toptech Group to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause (even where we have been notified by you of the possibility of such loss or damage) shall not exceed the lesser of: (a) US$ and (b) the value of the bets and/or wagers you placed via your account in respect of the relevant bet/wager or product that gave rise to the relevant liability.
    2. Limitation of Liability. Under no circumstances shall any member of the Toptech Group be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service (even if the Toptech Group had prior knowledge of the possibility of such damages), including damages caused in the following circumstances:
      • a) delays or interruptions in operation or transmission;
      • b) loss or corruption of data;
      • c) telecommunications, Internet or lines failure;
      • d) any person’s misuse of the Software;
      • e) errors or omissions in the Website’s content;
      • f) changes made to or any modification or suspension of or discontinuance of the Service; or
      • g) attempts by you to use the Service in breach of this Agreement or by means not intended by us.
    3. Exceptions. Nothing in these Terms of Use will operate so as to exclude any liability of the the Toptech Group for: (a) fraud or fraudulent misrepresentation, or (b) death or personal injury that is caused by Toptech’s negligence.
  12. CUSTOMER SUPPORT AND COMPLAINTS
    1. Customer Support is available if you experience any difficulties. Customer Support can be reached by e-mail on: support@jackpotsinaflash.com. Please note that all correspondence and telephone calls may be recorded.
    2. Customer Complaints. You must submit any complaints or claims of any nature within 3 months of the date on which the issue first arose. All complaints or claims must be sent by email to the following address: support@jackpotsinaflash.com. A failure to submit a complaint or claim as outlined above may result in a delay in our ability to identify and respond to your complaint or claim in a timely manner. Upon receipt of a complaint or claim, we will make reasonable efforts to resolve such matter as promptly as possible.
    3. Alternative Dispute Resolution Process. If for some reason you are dissatisfied with the resolution of your complaint or claim, you may refer the matter to the Kahnawake Gaming Commission dispute resolution service by using the “Player” section of the KGC website [www.gamingcommission.ca/feedback.asp]. The Commission will act as an impartial adjudicator on disputes that arise between Toptech and a customer only when: (a) the customer has been through our own internal customer complaint procedure; and (b) a deadlock regarding the resolution exists. The ruling reached by the commission will be considered final by both Toptech and the customer, subject to full representation being given to all parties involved.
    4. Governing Law and Jurisdiction. These Terms of Use are governed by, and interpreted in accordance with, the laws of England and Wales and You irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any disputes which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by or otherwise arising in connection with these Terms of Use.
  13. MISCELLANEOUS
    1. Interpretation. Whenever the words “include”, “includes” or “including” are used in these Terms of Use, they shall be deemed to be followed by the words “without limitation”.
    2. Legal Advice. We do not provide advice regarding tax and/or legal matters. Customers who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.
    3. Eligible Customers. Our employees, licensees, advertisers, agents, marketing partners or other representatives and members of their immediate families are not eligible to participate in the Games
    4. Entire Agreement. The Rules (including these Terms of Use) represent the complete, final and exclusive agreement between the Customer and Toptech and supersede and merge all prior agreements, representations and understandings between the Customer and Toptech with regard to your use of the Service.
    5. Amendments. We reserve the right to amend these Terms of Use at any time by posting such amended Terms of Use to the Website and such amendments will have immediate effect.
    6. Taxes. You are solely responsible for any applicable taxes on any winnings or any prizes that you collect from us.
    7. Force Majeure. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
    8. Severability. If any provision herein is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, our original intent.
    9. No Agency. Nothing in these Terms of Use shall be construed as creating any agency, partnership, fiduciary relationship, trust arrangement or any other form of joint enterprise between you and us.
    10. Assignment. These Terms of Use are personal to you, and are not transferable, assignable or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations under these Terms of Use (or the other Rules) to any third party without notice to you.
    11. Change of Control. In the event of a change of control, merger, acquisition, or sale of assets of Toptech, your account and associated data may be part of the assets transferred to the acquiring party. In such an event, we will provide you with notice via e-mail or notice on our web site explaining your options with regards to the transfer of your account.
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