Pasa Slots Terms & Conditions
By accessing or using the company's games or platform through any electronic device (web, mobile, tablet, or any other device), you agree to these terms and conditions, which constitute a legally binding agreement between you and the company.
It's important to note that these terms and conditions contain a provision that waives your right to pursue any class, group, or representative claim, and instead requires individual arbitration to resolve disputes between you and the company.
Your use of the company's products or services, including requesting free credits, creating an account, or purchasing credits, confirms your express agreement with the terms and conditions. If you do not agree with any provision of these terms and conditions or any linked policy, rule, or term, you may not use the platform or play any game.
The games and platform offered by the company do not involve real money gambling, and no actual money is required to play. The sweepstakes are open to players located only in the United States (excluding the states of Idaho and Washington) and Canada (excluding Quebec). Please refer to clause 1.1 of the sweepstakes rules to check your eligibility.
If you win a prize, you can redeem it by contacting the company's team through a chat service. For prizes that involve gift cards, the company will allocate the prize through an electronic payment to the bank account you have designated.
By using the company's games or platform, you acknowledge and agree that your access and use are subject to these terms and conditions and that your license to use the platform is limited by them. If you do not agree to or comply with these terms and conditions, the company reserves the right to terminate your access to the platform or any game offered through it.
KeyTerms:
Collective arbitration: This is a process where multiple claims or disputes are addressed together in a single proceeding, such as a class action or group action. The decision reached applies to all parties involved in the proceeding.
Content: This refers to all types of material, including text, graphics, photographs, logos, sounds, and computer code, that are used or displayed as part of the Games and Platform. This includes both Gold Coins and Sweeps Coins.
Customer Account: This refers to a personal account created and held by an individual who has completed the registration process.
Excluded Territory: A location where the Platform or Games are not allowed, including the state of Washington in the US, the province of Quebec in Canada, any other jurisdiction outside the US and Canada, and outlying US territories or possessions.
Fraudulent Conduct: Any behavior described in clause “Fraudulent conduct”
Game: Any Game available on the Platform for Standard Play or Promotional Play. We have the right to add or remove Games from the Platform.
Gold Coin: Virtual currency that allows you to play Standard Play Games, which have no real-world value and can't be redeemed for prizes.
Inactive Account: A Customer Account that hasn't been logged in or out for 12 consecutive months.
Merchandise: Physical goods that Pasa Slots provides as a reward, competition, or tournament prize.
Participate: Includes playing any Games or using the Platform in any way.
Payment Administration Agent: A related body corporate, affiliate, or third party we appoint to act as our agent for payment services.
Payment Medium: Any payment method used to purchase credits.
Platform: The services provided by (PLEASE WRITE YOUR BUSINESS CORP HERE) through any URL or mobile application branded as part of the "pasa slots" family of games.
Player or You: Any person who Participates, whether or not a Registered Customer.
Player Support Team: A team that performs the Player Support Function, as defined in section of the “Player Protection Directive.”
Prizes: Prizes won when playing Promotional Play Games that are redeemable for valuable prizes as per the Sweeps Rules.
Promotional Play: Participation in sweepstakes promotions by playing any games on the Platform with Sweeps Coins.
Registered Customer: A Player who has successfully registered a Customer Account, whether active or not.
Standard Play: Participation in any game on the Platform played with credits. credits can be won free of charge or purchased on the Platform, but they can't be redeemed for prizes.
Sweeps Coins: Sweepstakes entries subject to the Sweeps Rules, which can be won free of charge, received as a bonus when purchasing Gold Coins, or obtained through free alternative methods of entry.
Sweeps Rules: The rules governing sweepstakes promotions on the Platform.
Terms and Conditions: These terms and conditions that govern your use of the Platform and Games.
Third-Party Website: A website not controlled by us.
PASA INC Co: we, us or our means PASA SLOTS AND PASA INC
2.LICENSING AND THE PROTECTION OF FUNDS
Pasa Slots holds funds equal to the aggregate value of unredeemed prizes chosen by Registered Customers in separate accounts from its business account to ensure their protection. However, in the unlikely event of insolvency, it cannot be guaranteed that such prizes will be allocated or paid to the relevant customers.
3.User Agreement:
By participating in the Games on the Platform, you declare and warrant that you are legally allowed to do so under the laws applicable to you.
You must be over 18 years of age or the minimum legal age of majority as stipulated in the jurisdiction of your residence.
You must reside in an eligible location when participating in standard play or promotional play, as outlined in these Terms and Conditions.
Your participation in the Games is strictly for recreational and entertainment purposes, and you are participating solely on your own behalf, not on behalf of any other person.
All information you provide to us must be true, complete, and correct, and you must promptly notify us of any changes.
Money that you use to purchase credits is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
You must not engage in fraudulent, collusive, or other illegal activities, and you must not use software-assisted methods or techniques to participate in the Games.
You must only use a valid Payment Medium that belongs to you when purchasing credits.
You must not sell or trade for value any Merchandise provided by Pasa Slots.
We reserve the right to invalidate any participation if we suspect any illegal behavior.
Part 3.1
If you are located in the state of Washington in the United States of America, any credit purchases made within the state will not be valid and will be refunded. However, a fee of up to 10% of the total purchase amount, as well as any charges from your bank or financial institution, may be deducted from the refunded amount.
Part 3.2
The responsibility for ensuring the legality of participation in the activity lies with the player. Any individual who knowingly violates Clause 1, whether by circumventing restrictions through the use of a VPN, proxy, or similar service that manipulates location identification, providing false or misleading location or residence information, or engaging in activity from an excluded territory, third-party or on behalf of a third-party located in an excluded territory, is in breach of the Terms and Conditions. Such action may be deemed fraudulent and could result in criminal prosecution. Therefore, players must abide by the rules and regulations of the activity, ensuring that their participation is lawful in their jurisdiction.
Part 3.3
Eligible Players
Employees of PASA slots, any of their respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to Participate.
4. LICENSE
Pasa slots grants a limited license to access and use the Platform and Content for personal entertainment, provided the user agrees to comply with the terms and conditions outlined in the agreement. This license is non-exclusive, non-transferable, non-sublicensable, and revocable. The user may only access the Platform and Content through a supported web browser or mobile device.
The terms and conditions do not confer any right, title, or interest in the Platform or Content to the user.
The user acknowledges and agrees that their license to use the Platform is subject to the terms and conditions of the agreement, and any violation of those terms and conditions may result in immediate termination of the license.
If the Platform or any of the games are deemed illegal under the laws of the jurisdiction where the user resides or is situated, the user will not be granted a license to access or use them.
5.Your Customer Account
5.1 Single Account
You are only allowed to have one Customer Account on the Platform, including Inactive Accounts.If you try to open multiple Customer Accounts, all of the accounts may be suspended or closed, and clause 20.2 consequences may be enforced.
If you realize that you have more than one registered Customer Account, whether active or not, on any Platform, you must immediately notify us.Do not create a new Customer Account if you wish to change your email, address, or surname.
5.2 Accuracy
As a Registered Customer, it is your responsibility to maintain accurate and up-to-date registration details, including your contact information and personal details. In the event of any changes to your contact information or personal details, it is your responsibility to promptly inform Customer Support by selecting 'Request Support' from the drop-down menu and providing updated information. It is important to ensure that the name you provide during registration matches the name listed on your government-issued identification.
5.3 Account Security and User Responsibility
During registration, you will choose a password to access your Customer Account on the Platform.
You are solely responsible for maintaining the security and confidentiality of your Customer Account login details and any Payment Mediums.
You are responsible for any unauthorized use of your Customer Account, including activity by a minor.
Do not share your Customer Account or password with others or do anything that could jeopardize its security.
If you suspect that the security of your Customer Account has been compromised, notify us immediately.
You are responsible for all actions taken through your Customer Account, including any purchases made under it.
Your Customer Account may be terminated if someone else uses it to engage in any activity that breaches the Terms and Conditions or is otherwise illegal.
We are not responsible for any misuse of your Customer Account due to your disclosure of your login details to a third party, whether intentional or accidental.
5.3 Account Transfers
You are not allowed to transfer credits or credits between Customer Accounts, or from your Customer Account to other players, or to receive credits or credits from other Customer Accounts into your Customer Account, or to transfer, sell or acquire Customer Accounts. Attempting to circumvent these prohibitions may result in the immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us.
5.4 Inactive Customer accounts
We retain the right to terminate your Customer Account in the event that it is deemed to be inactive. An Inactive Account is one which has not recorded any transaction for a period exceeding 30 consecutive months. In such cases, we shall remit the balance of the redeemed value of the Prizes in your Customer Account to you, or as otherwise required under applicable law.
5.5 Closing of Customer Accounts:
If you wish to close your account, you can do so by submitting a request through the "Contact Us" link on the Platform. However, please note that closing your account will result in the forfeiture of all credits, credits, and unredeemed Prizes associated with your Customer Account.
You can reopen your Customer Account by sending a request to our Customer Support team, but please be aware that all such requests will be evaluated by our Customer Support and Compliance teams, who strictly follow customer protection guidelines.
6.Games
6.1 Rules
On the Platform, each game may have its own set of rules which can be found on the Platform. It is your responsibility to carefully read and understand the rules of a game before participating. You must become familiar with the specific terms of play and review the relevant rules before playing any game.
6.2 Credit Purchases
The Payment Medium used to purchase credits must be legally and beneficially owned by you and in your name. In the event that the name you registered on your Customer Account and the name linked to your Payment Medium are different, your Customer Account will be suspended until our verification process is completed. We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make credit purchases.
By accepting these Terms and Conditions, you authorize Pasa Slots and our Payment Administration Agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations. Your payment information (e.g. card number or token) may be stored to process your future purchases.
Once you click on the "MAKE PAYMENT" button, Pasa slots will begin processing a payment for the purchase of credits.
Please note that purchases of credits are final and are not refundable, transferable or exchangeable. You are responsible for notifying us of any billing problems or discrepancies within 30 days from the date of your purchase. Failure to bring any issues to our attention within this period will result in a waiver of your right to dispute them. You agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Customer Account (even if not authorized by you).
6.3 Credit & Credit Balances
Your ability to participate in any Game on the Platform is dependent on having sufficient credits or credits (as applicable) in your Customer Account. We do not provide any form of credit to purchase credits or for any other purpose.We may set minimum or maximum credit purchase limits on the Platform from time to time.Once you have made a credit purchase, the funds will be taken from your Payment Medium as soon as possible.
Purchasing credits is a license that permits you to participate in Standard Play Games, but it does not involve the deposit of funds that can be withdrawn. Credits that have been used to purchase credits cannot be refunded, except as allowed in clause 6.6. Additionally, credits have no actual monetary value.
Credits or credits that have been used to play a Game and accepted cannot be altered, canceled, or withdrawn. They will be immediately deducted from your credit or credits balance.
If one or more of your purchases are found to be reversed or charged back, your Customer Account will be suspended, and any purchases and winnings will be considered void. The amount of these purchases will constitute a debt owed to us, which must be paid immediately through an alternative payment method.
In accordance with the Sweeps Rules, credits allocated to you only need to be played once before they can be redeemed as a Prize, unless we specify otherwise. We may require that credits be played more times (not exceeding 20) in any combination of Promotional Play Games before they can be redeemed as a Prize at our sole discretion.
6.4 Void Games
We maintain the right to declare any Participation in a Game as void, either partially or fully, if we, at our sole discretion, determine that there was an error, mistake, misprint, or technical issue related to the pay-table, win-table, minimum or maximum stakes, odds or software.
6.5 Final Decisions
In case of any discrepancy between the result displayed on a user's device and the VGW Group server software, the result displayed on the VGW Group server software shall be considered as the final and governing result.
7. PROMOTIONS
All promotions, contests, special offers, and bonuses are subject to the Terms and Conditions and Sweeps Rules, as well as additional terms published at the time of the promotion.
In case of a conflict between the Terms and Conditions and any promotion-specific terms and conditions, the latter shall prevail.
PASA INC reserves the right to withdraw or modify promotions without prior notice to customers.
PASA INC determines that a Registered Customer is abusing a promotion, it may withhold, deny, or cancel any bonus or prize, including as a result of fraudulent conduct.
Customers grant PASA INC an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use any content posted or published as part of a promotion, contest, or competition in any way it sees fit without further acknowledgement of the author.
8.Redemption of Prizes
8.1 Prize Redemption Methods:
The redemption of prizes is subject to the terms and conditions set forth by the platform. When you choose to redeem prizes for gift cards, they will be allocated to the email address registered against your customer account. If this is not technically possible, an alternative email address that you nominate may be used, provided that it is also your address and not that of a third party. On the other hand, if you choose to redeem prizes for cash, the payment will be made to the payment medium that was used to purchase credits. If this is not possible, an alternative financial account that is legally and beneficially owned by you may be nominated, provided that we approve of it. Please note that we reserve the right to require the use of the same payment method for prize redemption as was used to purchase credits, or a specific payment method at our own discretion.
8.2 Limits and Fees:
We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold of SC100 for Prize redemptions.
In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is USD $5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.
We reserve the right, in our sole discretion, to limit the value of Prize redemptions for each Participant to USD$10,000 per day.
8.3 Your Responsibility for Prize Redemptions and Accuracy of Details:
It is your responsibility to ensure that the details you provide for Prize redemptions are accurate. If you choose to redeem Prizes for gift cards according to clause 8.1(a), you must ensure that the email address and all relevant details provided are correct. We are not responsible for any inaccuracies, and if we process the redemption using the details you have provided, the redemption is complete, and we are not required to reissue the gift cards.
If no valid email address is provided to us within 60 days of a request, JN Trading Co may deem the Prizes void at its discretion.
Similarly, when you choose to redeem Prizes for cash, it is your responsibility to ensure that your financial institution accepts payments from us into your bank account. PASA INC has no obligation to check whether your financial institution will accept payments to your nominated bank account. We will not make payments into an account or online wallet that does not match your verified name or the name provided when registering your Customer Account, or that is not legally and beneficially owned by you, except as provided in clause 8.9.
8.4 Prizes redeemed for cash:
A)If you choose to redeem your Prizes for cash, there are certain restrictions that apply:
Firstly, the payment will only be made into a joint account or joint wallet if one of the names on the account or wallet matches the name you provided when registering your Customer Account or your verified name, and all verification checks required by us are completed to our satisfaction. In the event that either joint account holder does not meet our verification requirements, we will not make payments into the nominated joint account.
Furthermore, we will not make payments into joint accounts or wallets where one of the joint owners is a minor, custodial accounts, or any account held on trust for or for the benefit of a third party, including a minor.
B) You are solely responsible for the accuracy of the details you provide for your financial institution, bank account or online wallet. If you choose to redeem a Prize for cash and the details provided are inaccurate, and we have processed the payment using the details you have provided, the redemption of that Prize is complete. Therefore, we cannot and are not required to reverse or reissue the payment.
C) In the event that your financial institution does not accept payments from PASA INC or your bank account or online wallet does not comply with the requirements stated in these Terms and Conditions, you accept that:
You must provide an alternative bank account for the payment to be processed.
There may be delays in the payment processing.
Failure to provide an alternative bank account that complies with the requirements stated in these Terms and Conditions within 60 days of a request from us, may result in PASA INC not being obliged to make the payment to you. In such cases, the Prizes may be deemed void at the sole discretion of PASA INC
8.5 Currency :
In order to buy credits or receive payments from JN Trading Co, you must use United States dollars (USD). It is your responsibility to ensure that your bank account can accept transactions in USD. If you receive payments in a different currency, any fees or costs related to converting that currency into USD will be your responsibility, including any losses or additional costs resulting from foreign exchange fluctuations.
8.6 Timing and Frequency for Prize Redemptions:
Requests to redeem prizes will be processed in the order in which they are received, and we aim to process them as soon as possible. Only one prize redemption request per customer account will be processed in a 24-hour period. If you choose to redeem prizes for cash, you should be aware that it may take up to 10 business days to process the payment into your nominated bank account. The processing time may be longer for payments over $10,000 due to bank clearance and security checks. We reserve the right to pay out prizes in smaller increments over several days until the total prize amount is fully paid out.
8.7 Payment Administration Agent:
PASA INC may appoint one or more Payment Administration Agents to handle payments (including merchant facilities) to or from Players on its behalf. These agents will have the same rights and powers as PASA INC under these Terms and Conditions, and can act on PASA INC behalf or in their own name. PASA INC will not be held liable for any loss, damage, or liability resulting from a Payment Administration Agent's negligence or actions beyond the authority given by PASA INC.
8.8 Expiry and Forfeiture:
The credits you have in your Customer Account will expire after 60 days from the date you last accessed your account. After this period, they will automatically become invalid. Additionally, your credits may be forfeited if we close your Customer Account for any reason or at our discretion.
8.9 Updating payment details:
To update or add additional payment details for the purpose of redeeming Prizes, you must be logged into your Customer Account and undergo the redemption process yourself. PASA INC cannot update or add payment details on your behalf.
8.10 Refused Prizes:
If you decide to redeem your prizes for cash and decline to accept payments made to your nominated bank account by PASA INC, you must refuse the full amount. If you refuse to accept payment to your nominated bank account more than twice within a 3 month period, PASA INC may suspend your Customer Account to investigate potential fraudulent activity on the Platform.
8.11 Mistaken Credits:
If PASA INC mistakenly credits your Customer Account with Prizes that do not belong to you, whether due to a technical or human error, the mistakenly credited amount will be deducted from your account as it remains PASA INC property. If you have received cash or gift cards that do not belong to you before the error is discovered, you will owe PASA INC the amount mistakenly paid. You are required to report any incorrect crediting to Customer Support immediately through the "Contact" link on the Platform.
9. Verification
Verification checks may be conducted by PASA INC to prevent financial crime and comply with applicable laws and regulations
Until all required verification checks are completed to satisfaction, prize redemption requests will remain pending and the Customer Account may be restricted in any appropriate manner
Additional verification procedures will be carried out for prize redemptions exceeding USD$2,000 or equivalent
Verification procedures may include requests for identification, proof of address, and source of wealth or funds documentation
Failure to provide requested verification documents within 30 days may result in closure or restriction of the Customer Account
Players can contact Customer Support to request redemption of prizes held in a suspended or closed Customer Account, but this does not convey a right to such redemption
9.2 External Verification Check
You agree that VGW Group may use third-party service providers to run external identification and other verification checks on all Customers on the basis of the information provided by you from time to time.
10. RESPONSIBLE SOCIAL GAMEPLAY
10.1 POLICY
PASA INC is committed to promoting responsible social gameplay and providing excellent customer service to its players. To achieve this goal, PASA INC encourages its players to utilize various responsible social gameplay features, such as setting limits on playing time or spending, in order to better manage their customer account.
Although PASA INC will make every reasonable effort to enforce its responsible social gameplay policies, it cannot accept responsibility or liability if a player chooses to continue gameplay and/or attempts to use the Platform while intentionally disregarding the relevant measures in place, or if PASA INC is unable to enforce its measures/policies due to circumstances beyond its reasonable control."
10.2 Take a Break (Time-Out) and Self-Exclusion
If you feel that you need a break from our Games or wish to exclude yourself from playing altogether, you can request a time-out or self-exclusion at any time. Additionally, you have the option to set limits on the amount of credits you purchase or play.To learn more about the different responsible gaming options available to you, please refer to our “Responsible social game play policy”. We encourage you to take advantage of these tools to help ensure that your gaming experience remains enjoyable and within your control."
11. FRAUDULENT CONDUCT
11.1 You shall not, directly or indirectly:
a)Attempt to gain unauthorized access to any part of the Games or Platform through password mining, phishing, or any other means;
b)Attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
c)Knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
d)Circumvent the structure, presentation, or navigational function of any Game to obtain information that PASA INC has not made publicly available on the Platform;
e)Engage in any form of cheating or collusion;
f)Use the Platform and the systems of PASA INC to facilitate any type of illegal money transfer, including money laundering proceeds of crime;
g)Participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share special offers or packages emailed to a specific set of players and redeemable by URL; or identification documents (including, but not limited to, photographs, bills, and lease documents) for the purpose of misleading PASA INC as to a Player's identity."
11.2 You are prohibited from using this platform for any unlawful or fraudulent activities, or any prohibited transactions including those classified as fraudulent conduct under the laws of any jurisdiction that applies to you. We reserve the right to monitor all transactions to prevent money laundering and other illegal activities.
11.3 PASA INC reserves the right to:
Immediately suspend access to the Platform and close Customer Accounts suspected of engaging in fraudulent, unlawful, or improper activity
Not reverse any credit purchases or redeem any credits or prizes in the Customer Account in the event of suspension or closure due to such activity
Disclose necessary information to relevant authorities, other online service providers, banks, credit card companies, electronic payment providers, or other financial institutions
Require full cooperation from the player in any PASA INC investigation into such activity
Players are encouraged to: Notify PASA INC immediately through the communication channels listed in the Customer Complaints procedure if they suspect any unlawful or fraudulent activity or prohibited transaction by another player.
12. INTELLECTUAL PROPERTY
Regarding the computer software, computer graphics, Platform, and user interface:
Owned by or licensed to Electric Avenue Games or its associates and protected by copyright laws
Only to be used for personal, recreational purposes in accordance with established rules, terms, and conditions and applicable laws, rules, and regulations
Regarding intellectual property rights:
PASA INC is the proprietor or authorized licensee of all intellectual property in relation to any Content
Use of Games and Platform does not provide intellectual property rights in the Content, Games, or Platform
Players grant PASA INC an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use any information, images, videos, comments, messages, music, or profiles published or uploaded to any website or social media page controlled and operated by PASA INC
Regarding reproduction and modification:
Content must not be reproduced or modified in any way, including by removing any copyright or trademark notice
Regarding trademarks and logos:
All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
12. THIRD PARTY WEBSITE, LINKS, OR GAME:
12.1 By using the platform, you acknowledge and agree that PASA INC:
Assumes no responsibility for any Third Party Websites; and
Does not provide any warranty or guarantee as to the content, functionality, or accuracy of any Third Party Website.
12.2 It is important to note that certain Third Party Websites may be fraudulent and may offer unauthorized credits or other incentives in exchange for your personal information, including passwords, account information, and credit card details. We do not authorize any third party to offer credits or any other incentives on our behalf. Any such offer should be considered fraudulent and disregarded. You acknowledge and agree that we are not responsible for any actions you take at the direction or request of these or any other Third Party Websites.
12.3 Third Party Websites are subject to the terms and conditions specified by the third party in control of that website.
12.4 LINKS
Links to Third Party Websites do not indicate any relationship between PASA INC and the third party.
Links to Third Party Websites do not imply any endorsement or sponsorship by PASA INC of the Third Party Website, or the goods or services it provides, unless specifically indicated by PASA INC.
When a website controlled and operated by PASA INC contains links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
any comments or content that you post on such social networking sites are subject to the terms and conditions of that particular social networking site.
You agree not to post any comments that are false, misleading, deceptive, or defamatory to PASA INC, our employees, agents, officers, or other players.
PASA INC is not responsible or liable for any comments or content that you or others post on social networking sites.
12.5 GAMES
Games displaying the "PASA SLOTS” logos , are solely and exclusively owned by their respective companies, including all intellectual property rights in or to the online software relating to such.
13.DISRUPTIONS AND CHANGE
13.1 No warranties
The Platform, including the Games and Content, is provided on an "as is" basis. To the fullest extent permitted by applicable law, we make no warranty or representation, whether express or implied, with respect to the quality, fitness for a particular purpose, completeness, or accuracy of the Platform. This includes, but is not limited to, any warranty or representation concerning the availability, reliability, timeliness, security, accuracy, usefulness, or content of the Platform. We do not warrant that the Platform will be error-free, uninterrupted, or free from viruses, worms, Trojan horses, or other harmful components. Any reliance on the Platform is done at your own risk, and you are solely responsible for any damage or loss that may occur as a result of your use of the Platform.
13.2 MALFUNCTIONS
PASA INC does not accept liability for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor any attempts by you to Participate by methods, means, or ways not intended by us.
PASA INC accepts no liability for any damages or losses deemed or alleged to have arisen out of or in connection with any Platform or its Content. This includes, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Platform or its Content, or any errors or omissions in Content.
In the event of a Platform system malfunction, all Game play on that Platform is void.
If a Game is started but fails to conclude due to a system failure, PASA INC will use commercially reasonable efforts to reinstate the amount of credits or credits played (whichever applicable) in the Game by crediting it to your Customer Account. PASA INC reserves the right to alter Player balances and account details to correct such mistakes.
PASA INC reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting Prize redemption, game data, credit balances, credits balances, or other balances due to misconfiguration or a bug, will be canceled and removed from the Platform. Player balances and account details may be altered by PASA INC in such cases to correct any mistake.
13.3 Changes to the Platform
PASA INC retains the right, at its sole discretion, to suspend, modify, remove or add Content to the Platform with immediate effect and without prior notice to you. We shall not be held liable to you for any loss or damages that may arise as a result of any changes made to the Platform, including modifications or suspension of the Platform, or the discontinuation of any Game on the Platform. You acknowledge and agree that you will have no claims against PASA INC in connection with such actions.
13.4 Service Suspension
14. VIRUSES
While we make every effort to ensure that the Platform is free from viruses, We cannot provide any guarantee that the Platform is completely free of such issues. It is your responsibility to take all necessary precautions to safeguard your systems and implement appropriate measures to reinstall any lost data or programs due to a virus.
15. PRIVACY POLICY
PASA INC is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws.
Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account registration.
16. MARKETING COMMUNICATIONS
You consent to receive marketing communications from PASA INC in respect of its offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support
17. USE OF LIVE CHAT SERVICES
We may provide you with a Live Chat service to talk to our Customer Support representatives or to talk to other Players. This may include use of our Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing or abusing other Players or PASA INC employees and representatives.
You will not use any Live Chat service to engage in any form of harassment or offensive behavior, including but not limited to, threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene, or offensive language.
You will not use any Live Chat service to infringe the privacy rights, property rights, or any other rights of any person.
You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise unlawful or violates any law.
You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of other forums.
You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or to other Player's systems in any way.
We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure that it conforms to content guidelines that are monitored by us and subject to change from time to time.
If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat service or all Live Chat services and/or suspend or close your Customer Account. If we close your Customer Account, we reserve the right to cancel or refuse to redeem any Prizes.
We reserve the right to remove any Live Chat service from the Platform if abused.
We will not be liable if damage arises out of the Live Chat service.
You agree to indemnify us against any damage arising out of your illegal, unlawful or inappropriate conduct or arising out of violation of the provisions in clause 17 or any other rules on the Platform applying to the Live Chat service.
You will not collude in any way through the Live Chat service. Players are encouraged to report any suspicious behavior to Customer Support ..
We reserve the right to report any suspicious behavior or chats on the Live Chat service to the local authorities of the player in question.
18. COMPLAINTS AND CUSTOMER SUPPORT
If you wish to contact our Customer Support department or make a complaint regarding our Platform (including any Game), you may contact us using the registered email address associated with your Customer Account.
When submitting any written communication to PASA INC (including a complaint), please ensure that the following information is included:
Your username;
Your first and last name, as registered on your Customer Account;
A detailed explanation of the complaint/claim; and
Any specific dates and times associated with the complaint/claim (if applicable).
3.Failure to provide the required information may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. The Player Support Team (PST) will investigate any official complaints promptly and strive to respond within 10 calendar days of lodgement.
4.In certain circumstances, the PST may require up to 20 days to respond to a complaint. If this is the case, the player will be notified of the delay within 10 days of lodging the complaint.
5. If, after completing our internal complaints process, the player is not satisfied with the resolution of their complaint, they may choose to request an external examination of the handling of their complaint by engaging our service provider in the United States, Pardee Consulta. Further information about Pardee Consulta can be found on their website. The decision of Pardee Consulta can be considered in any processes initiated under clause 23 of these Terms and Conditions. Engagement with Pardee Consulta is voluntary, and players may still choose to invoke the processes under clause 22 regardless of whether they engage in the Pardee Consulta examination procedure.
19. CLOSURE/SUSPENSION OF ACCOUNT
We reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
you breached, or assisted another party to breach, any provision of these Terms and Conditions or the Sweeps Rules, or we have a reasonable ground to suspect such breach;
you have more than one Customer Account, including any Inactive Account, on any Platform;
the name registered on your Customer Account does not match the name on (i) your Payment Medium used to make purchases of credits or (ii) the account into which you elect to redeem Prizes or you do not legally and beneficially own such Payment Medium or redemption account;
your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language;
your Customer Account is deemed to be an Inactive Account;
you become bankrupt;
you provide incorrect or misleading information;
your identity or source of wealth or source of funds (if requested) cannot be verified;
you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the Platform through a third party or on behalf of a third party;
you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
you are located in a jurisdiction:
where Participation is illegal; or
where you are ineligible to Participate in Promotional Play in accordance with the Sweeps Rules.
you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Customer Account;
you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
without limiting clause 6.12, where JN Trading Co has received a "charge back", claim or dispute and/or a “return” notification via your Payment Medium;
you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or
it is determined by JN Trading Co that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage; or you do not meet the criteria set out in our Customer Acceptance Policy.
19.1 If PASA INC suspends or closes your Customer Account for any of the reasons outlined in clause 20.1, you will be responsible for any and all Claims incurred or suffered by PASA INC as a result of your actions. You will indemnify and hold PASA INC harmless on demand for such Claims.
If we have reasonable grounds to believe that you have participated in any of the activities listed in clause 20.1, then we may withhold all or part of the balance or recover from your Customer Account any Prizes, credits, or credits that are attributable to any of the activities described in clause 20.1. Your information may also be disclosed to any relevant external third parties or regulatory bodies.
If your Customer Account is suspended or closed and this results in the withholding of Prizes and credits earned, you agree to accept this decision as final. It will not be possible to reactivate your Customer Account during any period of suspension.
The rights described in clause 20 are not intended to limit any other rights that PASA INC may have against you under these Terms and Conditions or otherwise.
20.INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
You acknowledge and agree to indemnify, defend and hold harmless PASA INC, our affiliates, and our respective partners, directors, officers, employees, shareholders, subcontractors, licensors, suppliers and agents (collectively "Indemnified Parties") against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you, including without limitation:
Accessing or using the Platform;
Re-use of any Content at, or obtained from, the Platform or any other source whatsoever;
Facilitating or making a payment into your Customer Account;
Playing the Games through any delivery mechanism offered; and
Acceptance and use of any Prize.
You agree to defend, indemnify and hold the Indemnified Parties harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Platform or participation in any activity on the Platform. You agree to cooperate fully with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent.
21.Limitation of Liability
To the fullest extent permitted by applicable law, neither we nor our affiliates, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, or suppliers shall be held responsible or liable to you or any other entity, even if advised of the possibility of such damages, under any legal theory, including contract or tort, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits and lost business opportunities, business interruption, lost revenue, income, goodwill, use of data, or other intangible losses, that result from or relate in any manner to your participation or any other act or omission by us.
To the fullest extent permitted by applicable law, in no event shall we, our affiliates, and our respective partners, officers, directors, employees, shareholders, agents, licensors, subcontractors, or suppliers be liable to you for an amount greater than the amount you have paid us in the thirty (30) days immediately preceding the date on which you first assert any such claim. If you have not paid us any amounts in the thirty (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with us is to stop using the Platform and to close your Customer Account.
You acknowledge and agree that the warranty disclaimers in clauses 14 and 15, and the indemnities and limitations of liability in clause 21, are material and negotiated bases of these Terms and Conditions. You have taken these clauses into account and reflected them in your decision to agree to these Terms and Conditions. Depending on where you reside and use the Platform, some of the limitations contained in clause 21 may not be permissible. In such cases, they will not apply to you, solely to the extent that they are prohibited.
21.1 Negligence and Wilful Misconduct
NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF PASA INC FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY PASA INC'S NEGLIGENCE OR WILLFUL MISCONDUCT.
21.2 Survival of Obligations
CLAUSE 20 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON
22.PASA INC NOT A FINANCIAL INSTITUTION
Interest
You will not receive any interest on outstanding Prizes and you will not treat PASA INC as a financial institution.
No legal or tax advice
PASA INC does not provide advice regarding tax and/or legal matters. Players who wish to obtain advice regarding tax and legal matters are advised to contact appropriate advisors.
23.DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Please read clause 23 carefully as it pertains to arbitration of certain disputes and claims between you and PASA INC on an individual basis, and limits the ways in which you and PASA INC can seek relief from each other. This clause will be governed by the Federal Arbitration Act, regardless of any other choice of law in these Terms and Conditions.
By agreeing to these Terms, and as permitted by applicable law, you and PASA INC agree that any and all disputes, claims, or causes of action, past, present, or future, arising from or related to these Terms, the Platform, the formation of these Terms, or any other dispute between you and PASA INC or any of its affiliates, licensors, distributors, suppliers, or agents (including any application store or platform from which the Platform is accessed or downloaded), whether arising before or after your agreement to this clause, collectively referred to as "Disputes," will be governed by the procedure outlined below. You and PASA INC also agree that any arbitration pursuant to this clause will not proceed as a class, group, or representative action.
23.1 Complaint Resolution
We strive to address any concerns you may have without the need for a formal legal dispute.
Before filing a claim against PASA INC, you agree to attempt to resolve any complaint in accordance with clause 18. If your complaint is not resolved after exhausting the internal complaints process outlined in clause 18, you may initiate Dispute resolution as set out in this clause 23.
PASA INC agrees that it will make all reasonable efforts to contact you and resolve any claim it may possess informally prior to taking any formal action.
23.2 Arbitration
Both you and PASA INC agree to resolve any Disputes, including any Dispute concerning the enforceability, validity, scope, or severability of this agreement to arbitrate, through final and binding arbitration, to the extent permitted by applicable law.
Opting out of Agreement to Arbitrate. If you wish to opt out of arbitration, you may contact us via chat and request the closure of your account.
23.3 Arbitration Procedures and Fees
You and PASA INC agree that:
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or successor rules, which are in effect at the time arbitration is sought.
Arbitration will proceed on an individual basis.
Arbitration will be handled by a sole arbitrator in accordance with the AAA Rules.
The AAA rules will govern payment of all arbitration fees.
The arbitration will be held in New York, New York, or, at your election, conducted via telephone or other remote electronic means, except as otherwise may be required by the AAA Rules.
The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
If a party seeks injunctive relief that would significantly impact other PASA INC users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators.
Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel.
The chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes.
In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this clause shall make that determination.
If the arbitrator determines a three-person panel is appropriate, the arbitrator may - if selected by either party or as the chair by the two party-selected arbitrators - participate in the arbitral panel.
Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
23.4 Residents of Canada are fully subject to clause 23.The AAA Rules will be replaced with the Canadian Dispute Resolution Procedures and Canadian Expedited Procedures of the International Centre for Dispute Resolution Canada, or successor rules.The applicable rules are those in effect at the time the arbitration is sought.The rules are available at www.adr.org.
24. Arbitration to Proceed Individually
You and PASA INC agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor PASA INC may bring a claim as part of a Collective Arbitration.A claim to resolve a Dispute against PASA INC will be deemed a Collective Arbitration if:
i) Two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and
ii)Counsel for the claimants are the same, share fees or coordinate in any way across the arbitrations.
For the purposes of clause 22.10, the term "concurrently" means that both arbitrations are pending (filed but not resolved) at the same time.
25.Waiver of Class Action and Collective Arbitration
To the fullest extent permitted by applicable law, neither you nor JN Trading Co shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any collective arbitration or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity or otherwise seek to recover for losses incurred by a third party. In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived. Notwithstanding anything to the contrary set forth in this agreement, in the event all or any portion of this clause 23.12 is found to be invalid or less than fully enforceable, then the entirety of clause 23 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) may be deemed void and as having no effect upon either party's election.
26. OTHER
26.1 Entire Agreement
These Terms and Conditions represent the complete agreement between you and us regarding your Participation, and unless fraudulent, override any previous or simultaneous communications and proposals, whether written, oral, or electronic, between you and us regarding your Participation.
26.2 Amendments
PASA INC retains the right to modify these Terms and Conditions or establish and revise procedures at any time. These alterations will be published on the Platform, and they will be legally binding and effective immediately.
If any changes to these Terms and Conditions restrict your current rights or may negatively impact you, we will inform you upon your next visit to the Platform. Before participating in any games, you must re-confirm your acceptance of the modified Terms and Conditions. If you do not agree to these amendments, you must stop using the Platform.
26.3 Tax
You are solely responsible for paying any applicable taxes on any Prizes you receive as a result of your Participation.
26.4 Force Majeure
PASA INC will not be held liable or responsible for any delays or failures in performing any obligations under these Terms and Conditions that are caused by events beyond our reasonable control. These events may include, but are not limited to, natural disasters, acts of government, war, terrorism, strikes, internet outages, or any other force majeure event.
26.5 No agency
Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and PASA INC.
26.6 Severability
If any of the Terms and Conditions are deemed invalid, unlawful, or unenforceable to any extent by a competent authority, that specific term, condition or provision will be considered severed from these Terms and Conditions, to the extent of such invalidity or unenforceability. However, all remaining terms, conditions, and provisions will continue to be valid to the fullest extent allowed by law. In such cases, the invalid or unenforceable provision will be amended in a way that aligns with the applicable law to reflect, as closely as possible, the original intent of that provision.
26.7 Explanation of Terms and Conditions
We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Platform contact Customer Support .The Terms and Conditions prevail over any communication via email or chat.All correspondence between you and us may be recorded.
Assignment
These Terms and Conditions are specific to you and cannot be transferred, assigned, or sublicensed by you without our prior written consent. However, we reserve the right to assign, transfer, or delegate any of our rights and obligations under these Terms and Conditions to any third party without providing notice to you.
Business Transfers
If there is a change of control, merger, acquisition, or sale of assets of PASA INC, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via our Platform explaining your options with regard to the transfer of your Customer Account
Language
These Terms and Conditions may be made available in multiple languages for informational purposes and convenience, but they all reflect the same underlying principles. The English version of these Terms and Conditions is the legal basis of the relationship between you and us. In the event of any inconsistencies or discrepancies between a non-English version and the English version of these Terms and Conditions, the English version shall govern and prevail.
26.8 Applicable Law and Jurisdiction
These Terms and Conditions, as well as your use of the Platform and our entire relationship, will be governed and interpreted in accordance with the laws of the State of Delaware in the United States, without regard to its choice of conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
In case of any conflict or inconsistency between any provision of these Terms and Conditions and a provision of the Responsible Social Gameplay Policy, Sweeps Rules, or Customer Acceptance Policy, these Terms and Conditions will control solely to the extent necessary to resolve the conflict or inconsistency, subject to clause 7.2.
You acknowledge that, unless stated otherwise, the Games are operated from the United States and your Participation takes place in the United States. Any contractual relationship between you and us will be deemed to have been entered into and performed in the United States.
Subject to one of the clause, any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions, or the breach, termination, or invalidity of these Terms and Conditions, will be submitted exclusively to the courts in the United States, and both parties consent to the venue and personal jurisdiction of those courts. However, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.
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