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These updated Terms and Conditions shall be effective from 9 September 2021.
All previous versions of the Terms and Conditions shall be superseded by this version
The terms and conditions below (“T&Cs”), set forth the agreement (all terms referred to as the “Agreement”) between you and TopAsiaCasinos.com/in/ (“the Company”). You and the Company shall hereinafter jointly also be referred to as the “Parties” and each individually as a “Party”.
THE PARTIES HEREBY AGREE AS FOLLOWS:
1.1 These T&Cs, as may be amended from time to time in accordance with this Clause 1.2, are a binding agreement and regulate the relationship between the Parties. The Parties acknowledge and agree hereby that the terms and conditions set out in the Agreement constitute the entire agreement between the Parties and that any and all conflicting or contradictory terms, conditions, negotiations, statements and agreements in any form whatsoever between the Parties will not be deemed to amend or modify the Agreement. It is expressly agreed between the Parties that the Agreement supersedes and extinguishes the terms of all and any contracts, in any form whatsoever, entered into between you and the Company, and the terms included in any such contracts, will not (i) apply to any of the services performed by the Company, nor (ii) in any way modify, revise, supplement, or otherwise affect the terms and conditions of the Agreement.
1.2 By visiting and using this website, you agree to be bound by the most recent version of the T&Cs, which may be amended by the Company from time to time by making updated versions available on TopAsiaCasinos.com/in/ under the “terms and conditions” section. You are responsible to ensure that it is familiar with the most recent version of the T&Cs and that it checks the T&Cs regularly. The continuation of the website by you after the publication of any updated version of these T&Cs shall constitute your express acceptance to be bound by such updated T&Cs.
2.1 Online casinos listed on our website are likely to change their promotions, rules and regulations on a regular basis. Individual Online casinos can, and often will, cancel a promotion without prior notice. It is your own duty to check and understand the rules and restrictions on the online casino’s website before playing on that site.
2.2 You understand and agree that it is your duty to check with current laws in your area before playing at an online casino. Online gambling must be legal in your country of residence, and you must be of legal age to use this website and to gamble and pay applicable taxes in your country of residence.
2.3 By using this website, you agree that you shall not: (1) provide any content or conduct yourself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libellous, vulgar, hateful, obscene, offensive, racially, ethnically or otherwise objectionable, pornographic, (b) designed to interfere or interrupt this website or any service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, (d) giving rise to a civil or criminal liability, or in violation of an applicable local, national or international law; (2) impersonate any person or entity, including, but not limited to, a Company official, forum leader, or falsely state or otherwise misrepresent your association with any person or entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (3) collect or harvest any data about other users of this website; (4) provide or use this web site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized advertising, without the Company’s prior written consent; and (5) provide any content that may give rise to civil or criminal liability of directors, officers, employees, agents, contractors, advertisers, partners of the Company or its affiliated companies, or that may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent or trade secrets.
2.4 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website, including access to and use of this website.
3.1 The Company provides links to external websites and resources, such as online casinos. The Company has no control over these external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree that you will be subject to any and all rules applicable to those websites and you will not and cannot hold the Company responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of such content available on such web sites or resources.
4.1 The Company reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that the Company may have for this website, its content, and the goods and services that may be provided. The use of the Company rights and property requires the Company ‘s prior written consent. By making this web site and services available to you, the Company is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without the Company ‘s prior written consent.
5.1 The Company is not an online casino operator, or a provider of online casino entertainment and gambling. We advertise and review selected casino websites for advertising and informational purposes only.
5.2 The Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO (A) THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED AT THIS WEBSITE; (B) THE MERCHANTABILITY, FITNESS FOR USE, TITLE AND/OR NON-INFRINGEMENT OF ANY OR ALL OF THE PRODUCTS OR PROMOTIONS OFFERED BY THIRD PARTIES; OR (C) COMPUTER VIRUSES, BUGS, ERRORS OR DEFECTS IN ANY SOFTWARE OR SERVICES PROVIDED BY OURSELVES OR THIRD PARTIES WHICH CAUSE ANY DAMAGE TO YOUR COMPUTING DEVICE OR OTHER PERSONAL PROPERTY. ALL INFORMATION CONTAINED AT THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
5.3 BY VISITING OUR WEBSITE AND THE ONLINE CASINOS LISTED THEREON, YOU CONFIRM YOU UNDERSTAND, THAT IT IS POSSIBLE TO LOSE SOME OR ALL OF THE MONIES DEPOSITED AND WAGERED AT THESE ONLINE CASINOS, AND THAT YOU CANNOT AND WILL NOT HOLD the Company RESPONSIBLE FOR SUCH LOSSES. ANY LOSSES INCURRED AS A RESULT OF YOUR PLAYING AT ONLINE CASINOS LISTED ON THE COMPANY ARE NOT THE RESPONSIBILITY OF THE COMPANY OR ITS AFFILIATED COMPANIES, CONTRACTORS OR SUPPLIERS.
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE ANY SERVICE UNDER THIS WEBSITE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THIS WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THIS WEBSITE, OR (V) ANY OTHER MATTER RELATING TO THIS WEBSITE.
6.2 You agree to indemnify and hold the Company and its affiliated companies, directors, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your conduct, your provision of content, your violation of these T&Cs, or your violation of any rights of another.
7.1 The Company (or the relevant member of its group) is and shall remain the owner of all intellectual property rights, including, but not limited to copyright, patents, trademarks, design rights, moral rights, domain names, and confidential information and any similar rights (whether registered or unregistered).
8.1 The Agreement shall be governed by and construed in accordance with the laws of Malta.
8.2 In the event of any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, interpretation, termination, or validity thereof, the Parties agree to refer such dispute, controversy or claim to arbitration with the Malta Arbitration Center (“MAC”). The arbitration shall take place under the Rules of Arbitration as established under the Malta Arbitration Act (Cap 387 of the Laws of Malta), as in force at the time the dispute is referred to it. The place of arbitration shall be in Malta. There shall be one arbitrator jointly appointed by both Parties or in default of agreement on the arbitrator there shall be three arbitrators appointed in accordance with the said Rules. The arbitration shall be held according to the laws of Malta both insofar as matters of procedure as well as in relation to substantive matters. The language to be used in the arbitral proceedings shall be the English language. The Parties agree that the award of the arbitrators shall be the sole and exclusive remedy between them regarding any claims, counterclaims or other issues arising out of the Agreement, and the award shall be final and binding.
9.1 The Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), together with any applicable local data protection laws, as applicable from time to time, apply to the processing of both Parties’ personal data in connection with the Agreement.
10.1 No consent by a Party to, nor waiver of, a breach by the other, whether express or implied, shall constitute a consent to or waiver of or excuse for any other different or subsequent breach, unless such waiver or consent is in writing and signed by the Party claimed to have waived or consented. Except as otherwise provided herein, no term or provision hereof shall be deemed waived and no breach excused, unless a written notice has been given to that effect.
10.2 The Agreement may only be relied on by the Parties to them and no other person will have any right to enforce any of their terms or provisions.
10.3 The Company may assign any of its duties and/or obligations to any company within the Company Group and may use independent contractors to assist with the Company’ services to you.
10.4 If a provision of the Agreement is held by any court, tribunal or administrative body of competent jurisdiction to be invalid, illegal, not binding, or unenforceable (either in whole or in part), the other provisions of this Agreement will remain in full force and effect. The invalid, illegal, not binding or unenforceable provision (or part provision) will be deemed to apply with the minimum changes necessary, taking into account the substance and purpose of the Agreement, for such provision to be valid, legal, binding and enforceable and to achieve the intended economic effect of the original provision (or part provision) to the fullest extent possible.
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