1. Pre-Conditions to Opening an Account
    1. In order to register an account (an "Account") with us you hereby agree, warrant and represent that:
      1. You are at least:
        1. 18 years of age; or
        2. The age at which trading is legal under any law that applies to you, whichev er is the greater. Top9ja reserves the right to request proof of age documentation from any a pplicant or customer at any time and to void any bets with minors;
      2. You are entirely responsible for complying (and that you comply) with your o wn local, national, federal, state or other laws concerning online contest and gaming prior to opening an Account, contest in Top9ja, or using the Services. In particular, if you live in a count ry where use of a particular service is prohibited, you must not
        1. register with us for the applicable Service;
        2. attempt to use that Service; or
        3. use your payment card or other payment method to undertake betting or ga ming with us for the unlawful Service;
        4. You are legally capable of entering into binding contracts, including these Terms of Use and each subsequent bet (which shall be governed by these Terms of Use);
        5. You are not prohibited for any reason from betting with us or from using the Servi ces; and
        6. You have not excluded yourself, and neither we nor any other operator has exclude d you, from betting on Top9ja.com.
    2. For various legal and/or commercial reasons, we do not permit (to the extent within our control) Accounts to be opened by, or used from, customers based in certain jurisdi ctions, including for example North Korea and its territories and the countries listed through this link (the "Restricted Territories”). The Restricted Territories may be changed by us from time to time, in accordance with Clause 3.1, with or without prior notice to you. Please check this link frequently for updates. You agree that you shall not open an Account, nor attempt to use an Account, if you are in any of the Restricted Territories.
    3. The availability of our Services does not constitute an offer, solicitation or invit ation by us for the use of our Services in any jurisdictions in which such use is prohibited by law. Top9ja.com shall not be liable for any breach of any local, national, federal, state or ot her laws that may occur as a result of you using the Services.
    4. In the event that you are found to have breached any of the terms in Clause 1.1, 1.2 or 1.3:
      1. We may cancel any trade you may have in your account ;
      2. We shall not be obliged to pay any capital and profit which might otherwise have been payable in respect of any bet you placed; and
      3. We may refer the matter to the police, guardians or family members, or any other appropriate regulatory authority.

  2. Account Security
    1. The username and password must be kept confidential by the customer. All Bets where a customer’s username and password (or such other criteria as may be required and as communicated to you) have been correctly entered (which may be as a result of customer negligence) will be regarded as valid, provided that:
      1. The bet meets the other criteria for betting as laid down in these Terms of U se; and
      2. Top9ja has no other reason to believe at the time of acceptance of the game that was not placed by you. Subject to the foregoing, Top9ja will not be liable for any loss that you may incur as a result of misuse of usernames or passwords or from any unauthorized use of your Account, whether fraudulent or otherwise. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with the use of , or access to, your Account by any third party as a result of your negligence, breach of these Terms of Use, fraud, dishonesty or criminal activities.
      3. Please contact us as soon as is possible if you have lost or forgotten your A ccount details. You agree to inform us as soon as is possible (by telephone, where possible) if you believe that your Account information is being misused by a third party so that we may suspend your Account to prevent further abuse.
      4. We recommend that you disable any automatic password memory in your browser prior to using the Services. This will help to limit the risk to you of unauthorised use of your Account.
      5. Top9ja.com and any third parties it contracts with in relation to the provision of the Services will hold information with respect to your identity, including but not limited to your name, address and payment details, in accordance with our Privacy and Cookies Policy. We rely on this information in entering into this agreement with you. You agree to indemnify us and hold us harmless against any costs, claims, damages and expenses arising in connection with any falsehood or inaccuracy contained in the information you provide to us.

  3. Fraud
    1. Top9ja reserves the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
    2. Top9ja.com reserves the right to suspend or terminate any Account it believes to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as it reasonably considers are necessary to relevant authorities.

  4. Closure of Accounts
    1. Please contact us if you wish to close your Account.
    2. We may close or suspend your Account if your Account remains inactive for a significant period. Inactive Accounts may incur a charge to compensate Top9ja for the costs incurred in maintaining such inactive accounts. If you have any queries regarding inactive accounts, please contact the Customer Service department for further information.
    3. We are entitled to close your Account at our discretion and without having to disclose any reasons, and where deemed necessary on written notice (or attempted notice) to you using the contact details you have provided. Any balance in your Account will be made av ailable to you, subject to your having complied with the Terms of Use.
    4. Your sole remedy in the event of termination of your Account by us for any reason shall be the re-imbursement of any undisputed Account balance you may then have and we shall have no further liability to you whatsoever.

  5. Your personal data
    1. It is your responsibility to ensure that personal information relating to you is kept up-to-date. We reserve the right to suspend or terminate your Account if we suspect this information to be inaccurate. We will process information about you in accordance with our Privacy and Cookie Policy.

  6. No Warranty
    1. The services are provided ‘as is’ without any express or implied warranty of any kind, and all warranties including warranties of merchantability, non-infringement of intellectual property rights, fitness for any particular purpose, and of completeness or accuracy of content are hereby excluded to the fullest extent permitted by law. Neither Top9ja.com nor any of its licensors gives any warranty that the supply of material and content on the websites will be uninterrupted, timely, secure or error free or that the websites and the services are free of viruses or bugs and no warranties are given as to the accuracy of material or content comprising the services.

  7. Liability
    1. You hereby accept that by using the services, there is a risk that you may, as well as winning money, lose partial money. You agree that your use of the services is at your own risk and we accept no responsibility and shall not be liable for any consequences that are alleged to have occurred through your use, or misuse, of the services.
    2. If and only to the extent that clause 7.1 does not apply, the maximum liability of top9ja.com (and/or our third party service providers, to the extent relevant) to you arising out of or relating to the services and/or the terms of use, whether for breach of contract, tort (including negligence), or otherwise shall be limited to the average balance held in your top9ja account in the previous six months (or the term of the account in the case of accounts open f or less than six months).
    3. We (and/or our third party service providers, to the extent relevant) shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise a rising for loss of profits, loss of revenue, loss of business, loss of data, loss of business, loss of business information, business interruption, loss of reputation, loss of opportunity, or loss of goodwill, or for any indirect, special or consequential loss, even if such losses are foreseeable or if we have been notified of the possibility of such losses.
    4. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our services, impede the placing of orders for bets, or prevent you from being able to contact us. we will not be liable for any loss of content or material uploaded or transmitted through the websites and you confirm that we shall not be liable to you or any third party for any modification to, or suspension or discontinuance of, the services. we reserve the right to cancel or suspend the services without incurring any liability.
    5. We are not liable for any loss or damage that you may suffer because of any act of god; power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services or networks; or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
    6. Notwithstanding the rest of the terms of this clause 7, nothing in these terms of use shall exclude or limit our liability for fraud, death or personal injury resulting from our negligence or any liability to the extent such liability cannot be excluded or limited as a matter of law.