1.1. BigPesa (herein after referred to as the "the Company") is a trading name of NZ World Kenya Ltd, a company registered under the laws of Kenya whose registered address is: NZ World Kenya P.O. Box 175-00606, MADONNA HOUSE, PLOT NO.209/123, NAIROBI.
1.2. NZ World Kenya Ltd is authorized and regulated by the Betting Control and Licensing Board of Kenya under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under Sport Betting License number: BK 0000140 and Casino(Public Gaming License Number): PG 0000075
1.3. This agreement establishes the Terms and Conditions that will govern the contractual relationship between the Company and you as a Registering /Participating Player with the company. The Terms shall apply to gaming via all media/electronic platforms including but not limited to mobile devices, computers and laptops. You are required to accept these Terms and Conditions when registering for an account with the Company and you are bound by these Terms and Conditions throughout the existence of the relationship. The company reserves the right to decline your registration/ participation without being bound to provide any reasons whatsoever at any time.
1.4. These Terms and Conditions are categorized for ease of reference and understanding. It is important that you make yourself aware of these Terms and Conditions as a participating player. Reference to "you", "your", the "player", "customers", or "subscriber" is reference to any person using the Company gaming/waging platform or the services and/or any registered customer of the Company thereof. Reference to "the Company", "us", "Our" "we" is reference to NZ World Kenya Ltd, The Company and or its successors in title and assigns.
1.5. The Company reserves the right to change these Terms and Conditions at any time and without prior notice. The Company will endeavour to inform you about major modifications to the Terms and Conditions. Nevertheless, it is your responsibility to regularly check for any changes. Should you, due to any possible changes, not wish to continue using the services of the Company, you can withdraw uncommitted funds without penalty and close the account by sending email to: email@example.com, to that effect. A response will be sent to you confirming receipt of your decision to discontinue your engagement with the Company. Failure by you to receive a message for any reason whatsoever shall not be taken to mean that the Company has any continued obligation towards you from the date of your withdrawal.
1.7. The Company will not disclose your personal information to third parties unless such disclosure:
(a) is required for the processing of your requests;
(b) is a duty and/or legal obligation of the company;
(c) is required to enforce/ apply the Terms and Conditions and other agreements;
(d) is required to adequately protect our rights or property, including via the exchange of information with other companies and organizations for the purposes of information verification, fraud protection and credit risk reduction. Personal information that you provide may be disclosed to a credit reference agency, which may keep a record of the information.
1.8. The contractual relationship between you and the Company is governed by these Terms and Conditions and by the relevant and applicable Laws of Kenya, Kenya being the operational jurisdiction of the Company and its service/products where they will be offered directly to all its duly registered players and /or through its service providers and intermediaries.
1.9. By agreeing to these Terms and Conditions and where you play any game, or place a bet or stake, using the provided betting platforms, you accept and agree to be bound by these terms and conditions and any amendment or variation thereto and the Rules which apply to the applicable products available from time to time. You are acknowledging that the company shall retain the right to use from time to time, all data collected to carry out market survey/ campaign /research, send customer satisfaction questionnaires, market and promote its services and those of its affiliated companies.
1.10. The Company is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and saturation of the telecommunication networks, cyber-attacks, hacking etc., which could lead to a total or partial access reduction to its services, loss of data by itself or by other contracted independent service providers on whom the Company will wholly or partially be reliant on to deliver the services.
2.1. To apply for an account you must be of legal age and register personally. You must provide your age in the provided fields and confirm the same in the registration field. The Company reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. The name of the player MUST be the same as the name used when registering with the company and must correspond with the registered mobile number. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should Contact Us. All bets/stakes that are placed prior to an account being suspended will stand-win or lose. Should any underage account owner be discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely and all funds deposited to the account will be forfeited. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.
2.2. You agree to abide by these "Terms and Conditions" at all times, and:
(a) not to be acting in the interests of any third party;
(b) not to utilize money obtained from ill-gotten means;
(c) not to credit accounts with bank/credit card/s you are not authorized to use;
(d) not to try to hack the Company Mobile service, Website and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override or manipulate the system or in any way commit fraud or any other crime;
(e) not to adopt any criminal behaviour against the Company, its affiliates, its customers or any third party;
(f) not to mislead the Company by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one's identity, untruthful behaviour or hiding one's true location and/or age.
2.3. In the event that you breach one or more of the Account rules as mentioned in 2.1 and 2.2, the Company reserves the right to close your account and seize any available funds. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. Contractual obligations will be honoured unless there is any breach of any of the terms and conditions on your part or breach of any international law and laws of Kenya. The specific games/products shall be strictly guided by these rules & guidelines herein and all other Rules & guidelines that shall be issued from time to time by the Company. The products, guidelines and Rules shall remain at all times the property of the Company.
2.4. At all times during the subsistence of your subscription/ participation, it is your responsibility to ensure that you are not infringing on any laws in your jurisdiction when opening an account and conducting business with the Company.
2.5. You must submit the correct information during your registration. You agree to update this information should there be any changes to your registration data.
2.6. The Company will accept no liability from third parties whatsoever, resulting from your providing incorrect or false data.
2.7. Each customer must open only one account. Should we identify any customer with more than one account, we reserve the right to close these accounts.
2.8. If the Company detects multiple accounts which have been setup deliberately with misleading information, have displayed criminal behaviour, or if the Company concludes that the account-owner has fraudulent intentions, the Company shall be entitled to close the accounts and confiscate all funds, including the initial deposit. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. If you nominate another person as an authorized user of your account, you shall be responsible for all transactions such a person makes using the relevant account details. Should you lose your account details or feel that someone else may have your account details, please Contact Us immediately. The Company will however not be responsible for any loss or damage that you may suffer as a result of transaction made by that other person. Please note that personal registration details and any other sensitive data should never be shared with third parties or sent to us by any unencrypted form.
2.9. The Company manages players' accounts and calculates available funds, pending funds, betting funds, as well as the amount of the winnings. Unless proven otherwise, these amounts are considered as final and are not subject to dispute.
2.10. All account transactions are performed in Kenya Shillings. No interest is paid on any funds, irrespective of the amount held in your account or any delay in remitting funds in your account for any reason.
2.11. The Company is not a financial institution and shall not be used as an intermediary to transfer funds, used or unused with or without ill intentions as well as using the Company as a currency exchange bureau. Should you conduct account activities for these purposes, the Company reserves the right to close your account and/or seize any available funds available in the account. Contractual obligations will be honoured unless there is a breach of any of the terms and conditions. No credit will be offered by the Company or from any employee of the Company, and all bets must be supported by sufficient funds in the customer's account. The Company reserves the right to void any bet/stake which may have inadvertently been accepted when the account did not have sufficient funds. Should funds be credited to a customer's account in error, it is the customer's responsibility to inform the Company without delay. The Company will recover such funds by account adjustment.
2.12. The Company does not tolerate abusive, aggressive or obscene language/ behaviour towards representatives of the Company across any of our support platforms (chat, email, telephone, outlets). Should you decide to communicate with us in this manner, you will be denied access to any and all of our support platforms and any such acts will be reported to the relevant authority for action.
2.13. You must keep your login ID and password secret at all times. It is your sole responsibility to ensure that your login information is kept secure. Should you suspect that your login information is no longer secure you are required to immediately contact the company as well as change your security details immediately. If at any time your account is accessed and used by a third-party without your prior consent, the Company is not liable for any consequences that may occur.
2.14. Your Username must be your registered telephone (mobile) number.
2.15. Selling and/or transferring and/or, acquiring of accounts to/from other players, is prohibited. Any such action will lead to close of account and forfeiture of the funds in such account. The company may in its sole discretion reopen an account if there is sufficient proof to the satisfaction of the company that a transfer was done in error.
2.16. A dormant account is an account that has not been accessed for 3 months, that has a legal registration with or without money balance. Once your account becomes dormant, the Company, shall in its sole discretion, close your account and thereafter either refund the balance to you or where applicable deal with it in the manner provided for in law less any cost accruing thereon.
2.16.1. The Company reserves the right to terminate the relationship between the Company and any of its players at any time which decision is purely at its discretion. The Company also reserves the right to close or suspend your account at any time and for any reason. Without limiting the provisions of the preceding sentence, the company shall be entitled to close or suspend your account if:
(a) you become bankrupt;
(b) the Company considers that you have used the services/products/platforms in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) the Company considers that you have used the services/products/platforms in an unfair manner or have deliberately cheated or taken unfair advantage of the Company or any of its customers;
(d) the Company is requested to do so by the police, any regulatory authority or court; or
(e) the Company considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.
2.16.2. If the Company closes or suspends your account for any of the reasons above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Company (together "Claims") arising there from and shall indemnify and hold the Company harmless on demand for such Claims. The Company shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings or bonus payments).
2.16.3. In addition, the Company shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your "unauthorized" use of the services/products/platforms including activities which are not for an authorized purpose.
2.16.4. Where it is proved that these Terms and Conditions have not been breached, any funds available in the account will be returned to the player should the relationship be terminated by the Company. At all times, any funds deposited by a subscriber/player, do not accrue any interest and as such any refunds made shall not incorporate any interest calculations.
2.16.5. The Company prohibits and takes measures to prohibit use of devices, such as robots, computers that distort normal and fair game play. Should the use of such electronic added devices be discovered, the Company will disqualify such player(s), close all such accounts and confiscate all funds and earnings due to such accounts. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto.
3. Deposits, transfers and withdrawals
3.1. For all deposits, the Number of the depositor must be identical to the mobile phone number registered on the Company account receiving the funds i.e. the registered account. Any charges levied by the Mobile Operators payment gateways (MPesa) will be deducted from the player's account. You should only deposit money in your account for the purposes of you using such money to place bets/stakes on our platforms. We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing money without any intention to place bets/stakes. You may only bet/stake if you have sufficient funds in your account.
3.2. Bonus funds may be credited to your account as part of a promotion, loyalty or other marketing campaign. These funds cannot be directly withdrawn/paid-out, but must be used for placing bets. Depending on the promotion, these credits may be convertible into hard currency after fulfilling a specific set of Terms and Conditions associated with the promotion.
3.3. You can at any time log into your account and view a statement showing all transactions made within the last 30 Calendar days. Should you notice any mistakes you should immediately notify the Company. Such anomaly once confirmed, will be rectified by the company in the shortest time possible at no cost to you.
3.4. You can withdraw your money any time in accordance with the terms herein. We have a number of controls and checks that take place before any withdrawal request is processed. Thereafter, an SMS with a verification code will be sent to you. These checks are part of our ongoing commitment to maintaining the security of our customers' funds. All withdrawals requests cannot be processed after the expiry of fifteen (15 minutes) from the withdrawal request being made. Any charges levied by the Mobile Money gateways (MPesa) will be deducted from the players account.
3.5. Should you attempt to withdraw funds that were deposited but not used for staking, the Company may levy a processing fee of 10% upon such withdrawals. Additionally, should these transactions be deemed suspicious, the Company will report the activity to the appropriate authority and the player may lose these funds.
3.5.1. Where possible, all valid withdrawals will be processed to the payment account from which the deposits were validly made. Withdrawal payments can only be made in the name of and to the registered account holder. For most payment types, withdrawals can be processed by following the withdrawal protocol steps provided, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day but withdrawal requests may not exceed:
(a) your particular mobile operator limits;
(b) amounts greater than Kshs 500,000/=, may require additional arrangements.
For full details on each specific payment type, please call customer care.
3.5.2. If the value of a deposit is not played through in full before a withdrawal is requested, the Company reserves the right to make a charge to the customer's account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
3.5.3. If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.
3.5.4. The Company may, at any time, set off any positive balance on your account against any amounts owed by you to the Company.
3.5.5. In the event that you access the services from jurisdictions outside Kenya, you shall be responsible for reporting your winnings and losses to the tax and/or other authorities as per the existing regulations within in your jurisdiction.
3.5.6. Gaming/staking, gambling may be illegal in the jurisdiction in which you are located. Where you attempt to transact on our platform from jurisdictions where staking/gaming is illegal, you do so at your own risk and the Company will not bear any liability towards you.
3.6. The Company reserves the right to take time necessary for the purpose of:
(a) verifying your identity;
(b) verifying your gaming activity;
(c) conducting security and other internal procedures in relation to your account; and
(d) ensure that prizes offered are paid out to the rightfully registered customer;
3.7. If you want to close your account, please contact our customer service team. If by any chance, your account reflects a negative balance, such balance shall fall immediately due and payable to the Company, and your account will not be suspended until the relevant amount owed to the Company is paid in full.
In these rules the following words have the following meanings unless the context requires otherwise:
4.1.1. "Bet" means- the staking of money on the prediction of the outcome of a sporting event.
4.1.2. "Odds" means- the return on the money staked should the prediction recorded in a bet be correct. The odds paid are those at the time the bet is placed and no other.
4.1.3. "Customer" means- anyone placing a bet with the Company.
4.1.4. "User" means- anyone using this website.
4.1.5. "VOID" means- that for one reason or another, a bet is not acceptable to the Company. In these cases, this bet, or part of the bet, is settled at the odd of 1.00. In the case of multiple/combination bets, the invalid result will not be included in the calculation of the (total) odds. In the case of a single bet this would mean the stake is returned to the customer.
4.1.6. Full time (FT) means- The point when the official 90 minutes of a full match has elapsed, plus time added on by the referee to compensate for injuries to players that require treatment, substitutions or deliberate time-wasting by players (also called "stoppage time"). Full time Shall NOT include scheduled extra time (two half times of 15 minutes each), penalty shoot-outs etc.
4.1.7. First Half (HT1) means- The point when the official 45 minutes of the first half of the match has elapsed, plus time added on by the referee to compensate for injuries to players that require treatment, substitutions or deliberate time-wasting by players (also called "stoppage time"). Bets on First Half markets are settled at the end of the Full Time.
4.1.8. Over/Under 1.5 - First Half means- If you BET OVER 1.5 goals to be scored, you win when there are 2 or more goals scored. If you BET UNDER 1.5 goals to be scored, you win when there are 0 or 1 goals scored.
4.1.9. Over/Under 2.5 means- If you BET on OVER 2.5 goals to be scored, you win if there are three or more goals scored. If you BET on UNDER 2.5 goals, you win if there are two or less goals scored i.e. 0, 1, or 2 goals.
4.1.10. Correct Score means- Bet on the exact number of goals scored by each team within the official Full time. For betting purposes, own goals count for the team in whose favor they have been scored.
4.1.11. Correct Score- First Half means- Bet on the exact number of goals scored by each team at the end of the first half of the match. For betting purposes, own goals count for the team in whose favor they have been scored.
4.1.12. Both teams to score means- Predict if both teams will score at least one goal each within the Full time of the match or not.
4.1.13. Odd/Even means- Predict whether the total goals in the match would be odd (1, 3, 5, 7...) or even (2, 4, 6, 8...). 0 (zero) goals will be settled as EVEN. Own goals count.
4.1.14. Euro Handicap 1:0 means- Predict the result when the Home team is given an advantage of 1 goal and this is added to their final score. Bets are settled by adding the goal to the Home team score at the end of the Full Time.
4.1.15. Euro Handicap 0:1 means- Predict the result when the Away team is given an advantage and this is added to their final score. Bets are settled by adding the goal to the Away team score at the end of the Full Time.
4.1.16. Total Goals Exactly means- Predict the exact total number of goals scored within the full time.
4.1.17. Half Time/Full Time means- Predict the result of a match both at the end of the First Half time and Full Time.
4.1.18. Double Chance means- Predict either two out of three possible outcomes of a match with one bet.
The following options are available:
1 or X - the result is either a home win or draw;
X or 2 - the result is either a draw or away win;
1 or 2 - the result is either a home win or away win
4.2. You can only place a bet if you have successfully registered with the Company and a confirmation to that effect has been issued to you.
4.3. You can only place a bet if you, have sufficient funds.
4.3.1. All bets accepted by the Company are on Full Time, unless otherwise stated.
4.3.2. Any bet accepted after the kick-off will be settled at the discretion of the company.
4.3.3. Where a game is officially or otherwise postponed, cancelled, abandoned, interrupted or suspended, the Company reserves the right to cancel the bets placed on that game immediately or wait up to 72 hours and refund customer's money thereafter.
220.127.116.11. Where the match is postponed, cancelled, abandoned, interrupted or suspended, in the case of a single bet, the bet will be evaluated as "won" with odds of 1.00. This means that the user will be refunded the amount equal to his stake.
18.104.22.168. Where the match is postponed, cancelled, abandoned, interrupted or suspended in the case of a multi-bet, the particular game resulted with an odd of 1.00. This means that the total odds will be adjusted accordingly and the multi bet can still be won, if all other bets are won too.
4.3.4. In the case of any subsequent replays/completions, award of the match result by governing bodies or pools, panel decisions, will not count toward settlement.
4.3.5. In the instance where a match is postponed, cancelled, abandoned, interrupted or suspended the following principles will be applied in settling bets:
22.214.171.124. If a bet has been established before the interruption, abandonment or suspension, bets will stand and settlement will occur as expected.
126.96.36.199. If a bet has not been established at the time of interruption, abandonment or suspension, all bets will be void.
188.8.131.52. If a match is interruption, abandonment or suspension, during the second half then all first half bets will stand and settlement will occur.
184.108.40.206. Where a match is interruption, abandonment or suspension, and the result is conclusive, the bet will stand and settlement will occur.
4.3.6. In -Play betting - where we have reason to believe that a bet is placed after the outcome of an event is known, or after the selected participant or team has gained a material advantage (e.g. a score, sending off for the other team etc.) we reserve the right to void the bet, win or lose.
4.3.7. If, for any reason we are unable to validate the outcome of a particular market (e.g. due to loss of live coverage), all bets will be void, unless settlement of bets is already determined.
4.3.8. By placing a bet, you confirm your willful intention to conclude such a transaction. A bet, once concluded, will be governed by the version of Terms and Conditions valid at the time the bet was accepted.
4.3.9. The company assumes no responsibility for typing, transmission and/or evaluation errors. In particular, the company reserves its right to correct obvious errors - even after the event - with the input of betting odds and/or the evaluation of betting results (e.g. odds-related, team-related, event-related errors) or declare affected bets void. The company also assumes no liability for correctness, completeness or up-to-minute preciseness of the information services provided, for example live scores and result messages sent via e-mail or SMS. The stake is exclusively the amount confirmed and recorded by the company. In case the erroneous event/market is cancelled all bets are void and will be evaluated as "won" with odds of 1.00.
4.4. Acceptance and Cancelation of bets
4.4.1. Once accepted, a bet placed can be cancelled within 10 (ten) minutes of placing the bet. prior to the kick off of the game
4.4.2. The Company reserves the right to decline all, or part, of any bet/stake requested at its sole and absolute discretion. All bets/stakes are placed at your own risk and discretion.
4.4.3. We only accept bets/stakes made via mobile device, the Company website, USSD (Unstructured supplementary service data), Android Application or cash desk. Bets/stakes are not accepted in any other form (post, email, fax, etc.) and where received will be void.
4.4.4. It is the responsibility of the customer to ensure details of their bets/stakes are correct.
4.4.5. Bets/stakes are processed in the order they are received.
4.5. You agree that at the time you placed your bet(s), you had no knowledge as to the outcome of the respective event(s). You are not allowed to bet on events where you are directly involved or have access to insider information. Where there is suspicion of collusion / fraud or any activity leading to the violation of this rule, the Company retains the right to void the bet and to refuse the winnings. The Company also retains the right to take any further action to protect its legitimate interests and to comply with local and international laws and regulations. Any suspicious activities may also be submitted to various monitoring agencies that are set up to protect and uphold the integrity of sports and betting.
4.6. Whenever a player shall place more than one bet on the same event, each such bet shall be considered as a different bet. The list of all the bets, their status and further details are available to you on the Company Website for thirty (30) calendar days.
4.7. The Company reserves the right to declare all bets on an event/s invalid if they emanate from a group of players who appear to have had knowledge of the outcome of such event/s, e.g. syndicate betting.
4.8. Any individual or group of individuals deemed to be working as a team (syndicate), who manipulate promotions or any other offer will have their account closed immediately. Moreover, the transactions (bets) in question will not contribute to any promotion or bonus offer requirements.
4.9. The Company further reserves the right to reclaim any bonus given to you, and to reduce such amount from the bet stake, where you are found to be abusing the system as laid out in the provisions herein.
4.10. Should the Company decide to close your account for any reason, bets which have already been placed and accepted within the general Terms and Conditions and sports rules will not be voided, and you will be paid any accrued winnings at the discretion of the company. Should security questions arise in relation to an account, the Company reserves the right to void such transactions (bets) within the legal and regulatory scope, retain and exercise its right of lien on such winnings and remit any amounts less any applicable charges.
4.11. When you place a bet, you acknowledge that you have read, understood and accepted in full all of the Terms and Conditions and Sports Betting Rules regarding the bets offered by the Company as stated on the Company Website and all other media/electronic platforms.
4.12. Payouts on bets with fixed odds are calculated by the multiplication of the original stake by the predetermined decimal odds. The result of this calculation includes the original stake amount, which is returned for all real money bets (i.e. not including bets placed from the free bet sports balance).
4.13. Where a placed bet is won: An SMS will be sent to your number with a message that you have won and the new balance of your account will be shown.
4.14. Winnings will be paid into your account after the final result is confirmed. Any later amendment to the result, e.g. disciplinary procedures (doping) or intervention by ruling bodies which lead to a post-event modification of the result, will not be taken into account for the purpose of determining the outcome of a bet. However, the Company reserves the right to set aside any winnings, should there be investigations into an event as a result of a suspicion of criminal activities that may have affected the result of the event. If any irregularity is confirmed, the Company retains the right to void any related bets.
4.15. In the case of multiple bets (e.g. doubles, trebles, 4-folds, etc.) placed in the form of a combination of multiples through the bet slip (e.g. 3 X Doubles, 2 X Trebles), all bets submitted through this combination will be settled once the final event in the combination has been settled. For example, should you select three markets in your bet slip and place the maximum combination of three Doubles, all three Doubles will not be settled until the final market has been settled*.
*Some matches may have a FT period of eighty (80) minutes as per FIFA regulations such matches include; U/16, U/17, Women Seniors, some international friendly games etc.
4.16. Minimum and maximum bet stakes
(a) Minimum Bet Amount: The minimum betting amount for a single/multi bet is 10 Kshs.
(b) Maximum Bet Amount: The maximum betting amount for a single/multi bet is 20,000 Kshs.
(c) Maximum Single Bet Winning: The Single bet winning amount is limited to 200,000 Kshs.
(d) Maximum Multi bet Winning: The Multi bet winning amount is limited to 300,000 Kshs.
(e) Maximum Aggregate Winning (maximum pay-out): The Maximum winnings amount per customer per day is limited to 1,500,000 Kshs.
4.17. The bet sizes set afore are subject to change at the Company’s discretion. You are not permitted to place bets or try to place bets that are below the minimum bet limit or exceeded the maximum bet sizes thresholds.
4.17.1. Players may apply for higher bet limits and written agreements can be reached to increase these limits. Please contact support to initiate this process.
4.17.2. The maximum pay-out for any one account is KSH 1,500,000/ per day for an account-. A bet is accepted on the basis that it is the investment of a customer and that it is the maximum amount that can be won (excluding stake) by a customer in one day's betting regardless of stake.
4.18. All bets and stakes are subject to the Betting Coverage provisions (including maximum winnings) set out in these Terms and Conditions including:
(a) The Company reserves the right to suspend and/or cancel any bet/stake at any time. When a bet/wage/or gaming is suspended, any bets entered will be rejected. The Company also reserves the right to cease betting on any region within the jurisdiction at any time without notice.
(b) Winnings from settled bets/stakes are added to the balance of your betting account. Any funds/winnings credited to an account in error are not available for use, and the Company reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively.
(c) For events where there is no official 'kick off' declared, the advertised start time of the event will be deemed to be the 'kick off'. If for any reason a bet is inadvertently accepted after an event or match has commenced, bets will stand providing the final outcome is not known, and that no participant/team has gained any material advantage (e.g. a score, sending off for the other team, etc.) at the time the bet was placed. If the outcome of an event/market is known, the Company reserves the right to void the bet, win or lose. Disputes over times bets are placed will be settled using the transaction log. All times stated on the Mobile service, Website and all other media/electronic platforms and/or referred to by Company staff relate to Kenyan Time unless stated otherwise.
4.19. The Company does not assume liability for input or transmission errors. The Company reserves the right to rectify obvious errors in particular in the input of bet odds e.g. confusion of odds or results, teams, etc.
4.20. The Company assumes no liability for correctness or completeness of information provided.
4.21. The Company assumes no liability for the accuracy of live scores, statistics and intermediate results in live betting.
4.22. BET TYPES
4.22.1. Single Bet
Single bets are the simplest form of betting. You predict an outcome, specify the desired stake and place the bet. If your prediction proves correct, you win the bet. The winnings are calculated by multiplying the odds by the stake.
(a) Single Bet via SMS
Here you identify the match you are betting on by its Match/Game ID. You tell us your prediction by adding it to the Match/Game ID. A Home Win is 1, an Away Win is 2 and a Draw is X. You indicate much you want to stake by adding your stake at the end of the bet. 100 Kshs. is 100. So, to bet 100 Kshs. on a match with ID 6981, predicting a Home Win, you text the message 6981 #1#100 to our short code number.
Next, a confirmation SMS will be sent by the Company to your registered mobile line confirming your bet with its possible win (The winnings are calculated by multiplying the odds by the stake. (e.g 2.36*100=236)
You can cancel a Single Bet placed via SMS within ten minutes from placing the bet, however not after the kick-off of the game.
To Cancel a Single Bet, placed via SMS you need to send the word "cancel" followed by # sign and the Bet ID to the Company short code number 29006. e.g. Cancel#6918
Upon successful cancellation of the bet, a confirmation message will be sent to you.
BetID 6918 was CANCELLED SUCCESSFULLY. Kshs 100 was sent back to your account. Your balance is Kshs 38,193
(b) Single Bet through the Company website
You may place a single bet through the Company website too.
The Company site is very easy to navigate and all you need to do is follow the prompts to get to the game that interests you then click on the team you want to win on full time and a betting slip will appear. You then enter the amount you wish to bet with to accomplish placing your bet make sure you click on "PLACE A BET". A confirmation message will appear on the website screen informing you of the details of your placed bet and the Single Bet ID.
You placed BetID 6918 on West HAM VS Manchester City, 1. Amount: Kshs 100. POSSIBLE WIN Kshs 236. BigPesa balance is Kshs 38,093.
Once placed through the Company website, a single bet may not be cancelled from the website. Therefore, you must be sure that you wish to place the bet before clicking on the confirmation button. However, you may still cancel the bet by SMS within 10 minutes of placing it, but not after the kick-off of the game. In this instance you need to text from your registered mobile line the word "cancel" followed by # sign and the Bet ID to the Company short code number 29006. A cancelation confirmation message will be sent to you.
4.22.2. Multi Bet
If you place bets on two or more games, they are automatically displayed as a multi bet. The total odds are calculated by multiplying the odds of all the individual games. Please note that a multi bet does not pay out anything unless all your predictions turn out to be correct. With a multi bet, you can combine up to twenty games.
An example of this would be: Man Utd win (1.35), Arsenal win (1.75), Real Madrid win (2.00). To calculate your possible winnings, simply multiply the ODDS FOR EACH PREDICTION YOU HAVE SELECTED 1.35 x 1.75 x 2.00= 4.72. This means that, if your three selections win, you will win 4.72 times your bet Amount. . E.g 4.72 x Kshs 200 = Kshs 944. Where 4.72 is your total odds, Kshs 200 is your bet amount and Kshs 944 is your possible win.
(a) Multi Bet via SMS
Send an SMS to our short code number with the sequence of each game ID and respective prediction followed by the bet amount as illustrated "1234#2#4534#1#7180#1#135", where 1234 is the Game ID, 2 is the prediction, 4534 is the Game ID, 1 is the prediction, 7180 is the Game ID, 1 is the prediction and 135 is the bet amount.
You will receive a confirmation SMS from the Company containing all the details of the bet you have just placed.
You may cancel a Single Bet placed via SMS within ten minutes from placing the bet, however not after the kick-off of the game.
To Cancel a Multi Bet, placed via SMS you need to send the word "cancel" followed by # sign and the Bet ID to the Company short code number 29006.
Upon successful cancellation of the bet, a confirmation message will be sent to you.
BetID 7687 was CANCELLED SUCCESSFULLY. Kshs 100 was sent back to your BigPesa account. Your BigPesa balance is Kshs 38,193
(b) Multi bet through the Company website
You may place a multi-bet through the Company website
The Company site is very easy to navigate and all you need to do is follow the prompts to get to the game that interests you then click on the team you want to win on full time and a betting slip will appear. You then enter the amount you wish to bet with to accomplish placing your bet make sure you click on "PLACE A BET". A confirmation message will appear on the website screen informing you of the details of your placed bet and the Single Bet ID.
e.g. BET:6621 2#1#1#1#2#2 Amnt: KSH100 Pos.WIN: KSH1191 Bal: KSH3161.
Once placed, a multi bet may not be cancelled from the website. Therefore, you must be sure that you wish to place the bet before clicking on the confirmation button. However, you may still cancel the bet by SMS within 10 minutes of placing it, but not after the kick-off of the game. In this instance you need to text from your registered mobile line the word "cancel" followed by # sign and the Bet ID to the Company short code number 29006. A cancelation confirmation message will be sent to you.
4.22.4. Custom Bet
For custom bets the following rules of settlement apply:
220.127.116.11. If any of your selections is voided, we will refund the whole stake that you placed.
18.104.22.168. If the game is interrupted, suspended or abandoned, we will pay out any correct predictions and settle as lost, any predictions that are incorrect at the time of interruption, suspension or abandonment.
5.1. Note that certain 'live' feeds - be they on TV, radio or the internet - are subject to delays and as such an event may be slightly behind or slightly ahead of other users.
5.2. There will be a 'delay' before placing all live bets, the length of which varies depending on the sport. If the odds change during the delay between clicking 'bet' and the bet actually being placed, you will be given the option of placing the bet at the new odds or not placing the bet at all. Similarly, any live scores displayed on the site during a ‘Live’ event are for guidance purposes only and the Company will take no responsibility for any errors.
5.3. The company reserves the right to void any bets placed after the outcome of an event is known. Should a bet be placed with incorrect odds due to delayed ‘Live’ coverage of an event and where a team has gained a significant advantage as stated above bets will be voided.
5.4. Odds on all selections change regularly to reflect fluctuations in the market or changes in the events themselves. In some cases, the odds/handicap may change between the time you put your bet on the bet slip and the time you place the bet.
5.5. If the current odds/handicap is different from the odd on the bet slip you will be required to confirm whether you wish
6.1. Statistics provided by the official score(s) provider or the official website of the relevant competition or fixture will be used to settle stakes.
6.2. Where statistics from an official score(s) provider or official website are not available or there is significant evidence that the official score(s) provider or official website is incorrect, we will use independent evidence to support bet settlement.
6.3. In the absence of consistent, independent evidence or in the presence of significant conflicting evidence, bets will be settled based on our own statistics.
6.1. For Casino games, in addition to 20% EXCISE DUTY, an additional platform fee of 3% shall be levied on Stake Amount. This fee is not applicable for Sports, Virtuals and Jackpot games.
8.1. Should there be any claim or dispute arising from a past or current transaction, please Contact Us. If the Company is unable to settle the dispute, the Company will refer the dispute to an arbiter, such as the Betting Board whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any bet/stake will result in litigation, court action or objection to a bookmaker's license or permit (including any remote operator's license or personal license) unless the Company fails to implement the decision given by arbitration.
8.2. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed and construed in accordance with the laws of Kenya regardless of the player's country of domicile.
8.3. By accepting these Terms and Conditions and/or placing bets or stakes and/or making use (whether authorised or not) of the facilities offered by the Company (whether through the Mobile service, Website and all other media/electronic platforms, or otherwise), you irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, the Company shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.
9.1. All customer offers are limited to one per each telephone number, same payment account number. We reserve the right to withdraw the availability of any offer or all offers to any customer at any time and at our sole and absolute discretion. Offers only apply to customers who have made an actual/real money deposit with the Company.
9.2. Where any term of the offer or promotion is breached or there is any evidence of a series of bets/stakes placed by a customer which due to a deposit bonus, enhanced payments, free bets/stakes or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, the Company reserves the right to reclaim the bonus element of such offers and in the Company absolute discretion settle bets/stakes at the correct odds, void the free bets/stakes or void any bet/stake funded by the deposit bonus. In addition, the Company reserves the right to levy an administration charge on the customer up to the value of the deposit bonus, free bet/stake or additional payment to cover administrative costs. The Company further reserves the right to ask any customer to provide sufficient documentation for the Company to be satisfied in its absolute discretion as to the customer's identity prior to the Company crediting any bonus, free bet/stake or offer to the customer's account.
9.3. The Company reserves the right to amend the terms of or cancel any customer offer at any time.
9.4. As part of joining bonus, On 1st Deposit, customer is eligible to get 3 FREE Jackpot entries. Additionally, if a customer makes a first bet of 100 KES and above, then an additional 10 FREE Jackpot entries will be rewarded. These Jackpot entries expire within 15 days of signing up. Jackpot Bets that use Bonus CANNOT be canceled.
9.5. Level-based Bonuses: In addition to Joining Bonus, customers can accrue bonus by "Leveling-up" their profile. Customer's level is determined based on the cumulative winnings across all bets over their lifetime. A customer starts from "Level 0" and progresses to "Level 1", "Level 2" and so on. based on their cumulative winnings. Winnings is calculated as (winning amount - stake amount)
9.5.1 Customer's current level can be seen next to the Bigpesa Logo in the header section of the portal / app. Tapping on the Level Number shows the current progress in completing the level as well as Bonus that will be rewarded once the current level is completed.
9.5.2 Bonus accured through levels can be used to place bets ( SINGLE or MULTIBET ) with odds 10.00 and above. Any such bet will use bonus as a percentage of stake amount. The percentage depends on the level a customer is at, at the time of placing the bet.
9.5.3 For example, "Level 3" has Bonus Percentage of 60%, This means, if a customer has a Bonus Balance of 100 and wishes to place a bet having odds of 10.00 and above with stake amount of 100 KES, then 40 KES will be deducted from main balance and 60 will be deducted from Bonus Balance. Customer may place any number of bets that uses Bonus as long as they have Bonus Balance.
9.5.4 Bonus Balance can be seen in the Profile section
9.5.5 Bonus Balance is non-transferable.
9.5.6 In case Bonus is used to place Jackpot Bets, they cannot be canceled.
9.5.7 In case any bet which is placed using Bonus is a winning bet, then the winnings are credited in the customer's main balance and can be withdrawn as per regular procedure
9.5.8 Level-based Bonus is meant for recreational players only. The Company may at its sole discretion restrict the eligibility of customers to participate in all or part of this promotion.
9.5.9 The Company reserves the right to amend, cancel, reclaim or refuse any promotion at its own discretion.
9.5.10 The Company's general Terms and Conditions apply.
9.5.11 Where any term of the offer or promotion is breached or there is any evidence of a series of bets/stakes placed by a customer which due to a deposit bonus, enhanced payments, free bets/stakes or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, the Company reserves the right to reclaim the bonus element of such offers and in the Company absolute discretion settle bets/stakes at the correct odds, void the free bets/stakes or void any bet/stake funded by the deposit bonus. In addition, the Company reserves the right to levy an administration charge on the customer up to the value of the deposit bonus, free bet/stake or additional payment to cover administrative costs.
9.5.12 The Company further reserves the right to ask any customer to provide sufficient documentation for the Company to be satisfied in its absolute discretion as to the customer's identity prior and / or subsequently to the Company crediting any bonus, free bet/stake or offer to the customer's account.
10.1. We will use any personal data that you provide through this service/platform or Mobile service, Website and all other media/electronic platforms. Please read it carefully before you provide us with any personal data.
10.2. We collect the following personal data from you in order that you may register and use this service/platform or Mobile service, Website and all other media/electronic platforms, and all other media/electronic platforms, and our Games, these including but not limited to: your name, date of birth, identification document and your contact details including the telephone number and your email address.
10.3. We use your personal information to invite you to join and play our games. Where you have asked to receive information from us we will use your personal information to send you alerts. You will be able to unsubscribe at any stage by texting "unsubscribe" to the Company short code 29006. Should there be any transaction after the text please contact customer care immediately.
10.4. The Company will not disclose your personal information to third parties, unless such disclosure:
(a) is under our duty to comply with any legal obligation;
(b) or in order to enforce;
(c) comply with our Terms and Conditions and other agreements;
(d) to protect our rights or property.
(e) is required for marketing purposes where you have explicitly indicated upon your registration that you would like to receive information from our partner networks, advertisers and affiliates about their products and services.
10.5. We may also employ the services of an independent third party to help us provide our online services. In some cases these third parties may receive your information. However, at all times, we will control and be responsible for the use of your information.
10.6. You are entitled to see the transactional information and bet history held about you upon authentication on our website.
10.7. You are the only authorized person who may review, correct, update or change your personal information at any time.
10.8. We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, the internet is an open system and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. Further, we cannot guarantee that any communication, messages or any attachment is virus free, does not contain malicious code or is incompatible with your electronic system and we do not accept liability in respect of viruses, malicious code or any related problems that you might experience.
10.10. Circumstances as specified under relevant legislation governing the Company business activities may require us to forward your information to the relevant Authorities.
10.11. The company shall not be liable for any loss and damage that may occur as a result of access by third parties of any of personal information.
11.1. Information and Content Information accessed by you on the Mobile service, Website and all other media/electronic platforms (including results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/stakes, which are made at your own risk and discretion.
11.2. Your computer or mobile device and internet connection may affect the performance and/or operation of the Mobile service, Website and all other media/electronic platforms. The Company does not guarantee that the Mobile service, Website and all other media/electronic platforms, will operate without faults or errors or that the Company services will be provided without interruption. The Company does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or stakes or to view or receive certain information in relation to particular events).
12.1. The Mobile service, Website and all other media/electronic platforms and the Company products may only be used for the purposes of placing bets and stakes on events and/or gaming products.
12.2. You must not use the Mobile service, Website and all other media/ electronic platforms for any purpose which (in the Company's opinion) is illegal, defamatory, abusive or obscene, or which the Company considers discriminatory, fraudulent, dishonest or inappropriate.
12.3. The Company will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Mobile service, Website and all other media/ electronic platforms or the Company's products. The Company will withhold payment to any customer where any of these are suspected. The customer shall indemnify and shall be liable to pay to the Company, on demand, all Claims (as defined herein above) arising directly or indirectly from the customer's fraudulent, dishonest or criminal act.
13.1. You are only permitted to use any and all software made available to you via the Mobile service, Website, or other media/electronic platforms, for the purpose of using products on the Mobile devices or all other media/electronic platforms, and save to the extent permitted by applicable law, for no other purposes whatsoever.
13.2. We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the Mobile devices and all other media/electronic platforms, in accordance with the following provisions:
13.2.1. You are not permitted to:
(i) install or load the software onto a server or other networked device or take other steps to make the software available via any form of "bulletin board", online service or remote dial-in or network to any other person;
(ii) sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms and conditions) your license to use the software or make or distribute copies of the software;
(iii) enter, access or attempt to enter or access or otherwise bypass the Company's security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Mobile service, and all other media/electronic platforms any changes to the software and/or any features or components thereof; or
(iv) copy or translate any user documentation provided 'online' or in electronic format.
(v) In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted as per the Kenya Information & Communication Act (CAP 411A) of the Laws of Kenya or any law replacing/repealing and or amending the said laws and any other relevant law) you are not permitted to:
(vi) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or
(vii) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.
13.2.2. You do not own the software. The software is owned and is the exclusive property of the Company or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to the Company are proprietary products of the Software Provider and protected worldwide by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
13.2.3. The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. The Company hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). The Company does not warrant that:
(i) the software will meet your requirements;
(ii) the software will not infringe any third party's intellectual property rights;
(iii) the operation of the software will be error free or uninterrupted;
(iv) any defects in the software will be corrected; or
(v) the software or the servers are virus-free.
(d) In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither the Company nor the Software Provider will have any liability to you or to any third party in respect of such errors. The Company reserves the right in the event of such errors to remove all relevant products from the Mobile service, Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms, and take any other action to correct such errors.
(e) You hereby acknowledge that your use of the software is outside of the Company's control. Accordingly, you load and use the software at your own risk. The Company will not have any liability to you or to any third party in respect of your receipt of and/or use of the software.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or the Company. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions.
13.3. While the Company endeavors to ensure that the Mobile service, Website and all other media/electronic platforms, are available 24 hours a day, the Company shall not be liable if for any reason the Mobile service, Website and all other media/electronic platforms are unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the content or services or products available through it, including your access to it.
13.4. You must not misuse the Mobile service, Website and all other media/ electronic platforms by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Mobile service, Website and all other media/electronic platforms, or any part of it; any equipment or network on which the data is stored; any software used in connection with the provision of the Mobile service, Website and all other media/electronic platforms; or any equipment, software, owned or used by a third party. You must not attack our Mobile service, Website and all other media/electronic platforms, via a denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of software or to your downloading of any material posted on it, or on any Mobile service, Website and all other media/electronic platforms, linked to it.
14.1. The Company receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
14.2. The Company does not accept any liability in respect of any third party feeds, commentaries and content.
14.3. The Company does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in the Company's absolute discretion) to bet/stake on any market or event where the third party service provider is providing a service to the Company. The Company will void any bet/stake where it determines in its absolute discretion that such betting has taken place.
14.4. Where the Mobile service, Website and all other media/electronic platforms, contains links to third party resources, these links are provided for your information only. The Company has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party does not constitute an endorsement of that third party's product or services (if applicable).
15.1. The Company will not be liable for any errors in respect of bets or stakes including where:
(i) the Company has incorrectly stated the relevant odds/spreads/handicap/totals;
(ii) the Company continues to accept bets or stakes on closed or suspended markets;
(iii) the Company incorrectly calculates or pays a settlement amount; or
(iv) any error occurs in a random number generator or pay tables included, incorporated or used in any game or product.
15.2. Incorrect Price - Prior to the start of an event, In-Play or after the event, where an Obvious Error is identified any open bets will stand and be settled at the Company revised price. Where there is sufficient time before the start of an event, the Company will endeavour to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
15.3. Incorrect Count/Line/Spread/Handicap/Total -Prior to the start of an event, In-Play or after the event, where an Obvious Error is identified any open bets will stand and be settled at the count, line, spread, handicap or total taken at the Company revised price except for the following situations:
(i) where a revised price is deemed less than 1/1000 then bets will be void.
(ii) any bet placed on a count, line, spread, handicap or total where the outcome is already known when the bet was placed will be void.
15.4. Where there is sufficient time before the start of an event, the Company will endeavour to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
15.5. Incorrect Fixture - Where the wrong player or team is quoted within a fixture name all bets will be void. Such determination shall be in the Company's absolute discretion.
15.6. Wrong Participant - If a wrong participant is quoted for any match or event, bets placed on that participant will be void; other participants may also be void. Such determination shall be in the Company's absolute discretion.
15.7. Late Bets - If for any reason a pre-event bet is inadvertently accepted after a match or event has commenced, bets will be settled as follows:
(a) If the event and market is covered In-Play then bets will stand at the revised price at the time the bet was placed (where a revised price is deemed less than 1/1000 then bets will be void), unless the outcome is already known in which case such bets will be void.
(b) If the event or market is not covered In-Play then the bet will stand as long as the selected participant or team has not gained a material advantage (e.g. a score, sending off for the other team etc.). Where a material advantage has been gained the Company reserve the right to void the bet, win or lose. Any bet placed where the outcome is already known, including In-Play, will be made void.
16.1. The Company actively monitors traffic to and from the Mobile devices, Website and all other media/electronic platforms. The Company reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.
16.2. The Company reserves the right to restrict access to all or certain parts of the Mobile service, Website and all other media/electronic platforms in respect of certain jurisdictions.
16.3. The Company may alter or amend the products offered via the Mobile service, Website and all other media/electronic platforms at any time and for any reason.
16.4. From time to time, all or part of the Mobile service, Website and all other media/electronic platforms may be unavailable for offering their respective services. Should that happen (unavailability) the Company shall not be liable for any loss or damage that the customer may suffer.
17.1. The contents of the Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms owned by the company are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third party licensors including Mastermind Sports Ltd (UK).
17.2. All product and company names and logos mentioned on the Mobile service, Website and all other media/electronic platforms are the trademarks, service marks or trading names of their respective owners, including the Company.
17.3. Except to the extent required to use a product for the purpose of placing bets or stakes, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent.
17.4. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Mobile service, Website and all other media/electronic platforms ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and the Company has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. The Company also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Mobile service, Website and all other media/electronic platforms, constitutes a violation of their intellectual property rights or of their right to privacy. The Company has the right to remove, amend or edit any User Content you make on the Mobile service, Website and all other media/electronic platforms.
18.1. The Company shall not be used to carry out any illegal activities by participants and all players shall adhere to the strictest discipline and moral turpitude in their dealings with the company and shall enhance the company ability to adhere to the provisions of The Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 of Kenya and as it shall be amended from time to time and all other enabling laws and conventions.
18.2. The Company will subject all transactions to serious scrutiny to prevent money laundering and other illegal activities.
18.3. If you become aware of any suspicious activity relating to individual(s), participants, players, officials or of any correctness or malfunctioning of the Games, its software or appliances, you must report such activity or inactivity to the Company immediately.
18.4. Suspicious transactions will be reported to the relevant Authorities and where the company suffers pecuniary loss or injury to its person or reputation, all legal means will be employed to restore such injuries at the risk of the perpetrator.
18.5. The Company may suspend, block or close your account and withhold funds if so required by the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities.
19.1. If you have a complaint; you can email customer support on 0730 757 757
19.2. The Company will at all times apply best efforts to resolve a reported matter promptly.
19.3. If you have a query with regard to any transaction, you may also contact the Company at 0730 757 757 with details of the query. The Company will review any queried or disputed transactions.
19.4. If for some reason, you are not satisfied with the resolution of the complaint by the Company, you can complain to the Betting Control and Licensing Board ("BCLB").
19.5. Kindly note that by contacting the BCLB you are confirming that you have not breached any the Company Terms and Conditions as agreed to by you upon registering with the Company.
19.6. In all other times where a dispute arises, parties shall refer the matter for Arbitration by a single arbitrator agreed by the parities where the chosen venue shall be Nairobi. Where there is no agreement each party shall appoint an arbitrator and the nominated arbitrators shall appoint a single arbitrator and where they are unable to agree the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators shall appoint one.
20.1. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
20.2. The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms and Conditions) do not exclude any other rights or remedies available in law.
20.3. If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions, which shall remain in full force and effect.
20.4. You shall confirm/accept and where necessary execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that the Company may from time to time reasonably require in order to vest in and secure to the Company the full benefit of rights and benefits to be transferred or granted to the Company under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.
20.5. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.
20.6. The Company shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
20.7. The Company may assign, transfer, charge, sub-license or deal in any other manner with these Terms and Conditions, or sub-contract any of its rights and obligations under these Terms and Conditions, to any party including any company within the Company group.
20.8. Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery at, or by first class post, recorded delivery or registered post or airmail:
(a) in the case of the Company, the address of the Company as set out at the beginning of these Terms and Conditions and elsewhere; and
(b) in respect of notices given by the Company to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to the Company).Any notice shall be deemed to have been received:
(a) if delivered by email, SMS, hand delivery, at the time of delivery;
(b) if sent by first class post, recorded delivery or registered post, at 14hrs (Kenyan Time) on the second clear day after the date of posting;
(c) if sent by pre-paid registered airmail, on the fifth clear day after the date of posting; and
(d) if sent by fax, at the time of transmission by the sender.
20.11. Where a result is not confirmed within seventy-two (72) hours, bets placed on the market will be cancelled and bet stake refunded.
20.12. Where a player wins, and is pronounced dead before claiming the winnings, the dependents or family can only claim the amount with the appropriate court orders e.g Confirmation of Grant.
Last updated on 18-Feb-2019