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1. GENERAL INTRODUCTION, DEFINITIONS AND STIPULATIONS.
1.1.1. Operator or Company means Apuesta Kenya Limited (trading as MAXBET), a company registered in Kenya under registration number M11111 and whose registered office is at Mamlaka road, Westlands district, Kilimani, P. O. Box 628-00623 Parklands, Nairobi, as licensed by the Betting Control and Licensing Board under licence number M11111;1.1.2. By using and/or visiting any section of the Website, or by opening an account with the Operator through the Website, or through Telebetting. You agree to be bound by the Terms of Use and You accordingly: (a) agree to the use of electronic communications in order to enter into contracts; and (b) waive any applicable rights or requirements, which require a signature by hand, to the extent permitted by any applicable law. The Terms of Use do not affect your statutory rights.
1.1.3. The “MAXBET Rules” are the terms and conditions constituting the complete, final and exclusive agreement between the Account Holder (“you”) and MAXBET, and governing the contractual relationship between MAXBET and the Account Holder. The MAXBET Rules supersede and merge all prior agreements, representations and understandings between the Account Holder and MAXBET. By opening a MAXBET Account, registering, logging-in, using the Services, participating in the games, or accepting any Prize, a visitor or an Account Holder fully understands and agrees:
1.1.4. To become a party to the MAXBET Rules,
1.1.5. That he/she has read, understood and will be adhering to these Terms and Conditions, and
1.1.6. That he/she shall abide by all its terms.
1.1.7. MAXBET may update, amend, edit and supplement the MAXBET Rules at any time. Any substantial amendment to the MAXBET Rules shall be notified in advance by MAXBET to the Account Holder, before coming into effect and will require your consent. If you do not agree with the amendment(s) to the MAXBET rules, you will not be permitted to continue using the Services.
1.1.8. All references in the MAXBET Rules to the singular shall include the plural and vice versa. All references to “the” shall include “a/an” and vice versa.
1.1.8.1. An “Account Holder” is an individual having a contractual relationship with MAXBET by creating a MAXBET Account on the Website.
1.1.8.2. A “MAXBET Account” is an account held by an Account Holder, for bona fide transactions, with a strict aim to establish a normal commercial relationship with MAXBET and with the strict purpose of conducting betting and other gaming and gambling transactions.
1.1.8.3. The “Contract” is the contractual relationship between MAXBET and an Account Holder and shall be constituted under and governed by the MAXBET Rules, i.e. the “Terms and Conditions”.
1.1.8.4. The “Governing Authorities” are the relevant authorities of Kenya.
1.1.8.5. The “Governing Law” is the law of Kenya.
1.1.8.6. The “Place of the Contract” is Kenya.
1.1.8.7. The “Regulator” is the Betting Control and Licensing Board, the regulator of commercial gambling in Kenya whose website is at http://www.presidency.go.ke/index.php/betting-control-and-licensing-board
1.1.8.8. The “Website” is the internet gateway accessible through the internet address www.MAXBET.co.ke where all current and relevant information regarding MAXBET’s operations is/are published, and through which, the Services are provided to the Account Holders.
1.1.8.9. The “Services” are the gaming and betting offers provided by MAXBET to the Account Holder through the Website.
1.1.8.10. In addition, where You play any game, or place a bet using the Services, or otherwise use the Services, You agree to be bound by:
1.1.8.10.1. The “Betting Rules” the Rules for all sports bets on the MAXBET sportsbook as set out under the section Betting Rules.
1.1.8.10.2. The “Responsible Gaming Terms” are Rules for responsible gambling available set out under the section Responsible Gaming.
1.1.8.10.3. The “Bonus Terms” are the rules relating to bonuses
1.1.8.11. “Mobile Money” refers to the main type of medium with a function of “payment”, “charge”, “debit”, “credit”, “virtual” and/or similar.
1.1.8.12. A “Payment Solution Provider” is an intermediary acting as a payment agent for various different payment methods.
1.1.8.13. A “Financial Institution” is a bank and/or other institution regulated by an applicable domestic financial services Act or similar.
1.1.8.14. “Force Majeure” refers to any occurrence or condition beyond one’s reasonable control which leads to a delay or default in the performance of the affected party’s contractual obligation and shall, for the purposes of the MAXBET Rules, include Acts of God, government restrictions (including the denial or cancellation of any necessary license where such denial or cancellation is made through no fault of the affected party), wars, outbreak of hostilities, riots, civil disturbances, insurrections, acts of terrorism, fire, explosions, floods, theft, malicious damage, strikes, lockouts, and/or any other cause beyond the reasonable control of the party whose performance is affected.
1.1.8.15. “Client Application” shall mean the web browser application opened by the Account Holder in order to use the Services.
1.1.8.16. “Software or App” shall mean all software used by MAXBET to offer and/or operate the Services and/or run the Client Application.
1.1.8.17. A “Prize” is an amount, a bonus or a reward that can be won by the Account Holder.
1.1.8.18. An “Inactive Account” is a MAXBET Account which has not recorded any activity for a period exceeding 3 consecutive months.
1.1.8.19. All trademarks, service marks and trade names as well as images, graphics, text, concepts or methodologies (collectively the “Intellectual Assets”) found on the Website, the Client Application and the material contained therein are the exclusive property of MAXBET and/or MAXBET’s suppliers and partners. The Account Holder is not entitled to exploit or otherwise use any Intellectual Asset for whatever purpose, except for what is allowed by law.
2. LICENCES.
2.1. Operator or Company means Apuesta Kenya Limited (trading as MAXBET), a company registered in Kenya under registration number M11111 and whose registered office is at Mamlaka road, Westlands district, Kilimani, P. O. Box 628-00623 Parklands, Nairobi, as licensed by the Betting Control and Licensing Board under licence number M11111;3. ACCOUNT RULES.
3.1 Creation of an MAXBET Account.
3.1.1. An individual cannot participate in a game for money unless that individual is an Account Holder. To be registered as a player, an individual must register personally and submit an application for registration. The following information must be provided:
3.1.1.1. Date of birth and provide valid identification showing that the player is over eighteen (18) years of age or the applicable legal age of majority as stipulated in the jurisdiction of your residence (identification documents which must be submitted include: copy of a valid identity card, passport or driving licence);
a. player’s first and last name;b. player’s full residential address;
c. player’s valid email address; and
d. a username and a password
3.1.1.2. An individual applying to become an Account Holder warrants and represents not to be under the age of eighteen (18) years. Minors cannot register as a player and cannot hold a MAXBET Account. MAXBET reserves the right to request additional proof of age and perform additional checks in order to verify the information provided. A MAXBET Account may be suspended until satisfactory proof of age is provided.
3.1.2. An individual applying to become an Account Holder furthermore warrants and represents:
3.1.2.1. To be a physical person (a legal entity will not be accepted as an Account Holder);
3.1.2.2. Gambling is not illegal in the territory where you reside.
3.1.2.3. not to be a professional player in any sport, competition or league where MAXBET offers betting;
3.1.2.4. not to be restricted by limited legal capacity;
3.1.2.5. not to be acting on behalf of another party;
3.1.2.6. Not to be classified as a compulsive problem gambler, and/or be included (whether voluntarily or involuntarily) on any register or database of excluded players;
3.1.2.7. Not to be depositing monies originating from criminal and/or other illegal activities;
3.1.2.8. Not to be depositing monies through Mobile Money which the Account Holder is not authorized to use and/or utilizing a Card in a jurisdiction in which betting and gaming are prohibited;
3.1.2.9. Not to be conducting criminal activities whereby a MAXBET Account is directly or indirectly involved;
3.1.2.10. Not already had an Account closed by us, due to Fraud, Collusion, Cheating and Criminal Activity, breach of the Terms of Use or at your request.
3.1.2.11. Not to use the Services if it is illegal in his/her country of residence or otherwise restricted for him/her to open a gaming account, purchase or use services from MAXBET and/or otherwise participate in the games offered. It is the Account Holder’s responsibility to ensure his/her use of MAXBET’s Website and Services is legal;
3.1.2.12. Not to find the Website or the Services offensive, objectionable, unfair, nor indecent; and
3.1.2.13. To maintain his/her MAXBET Account details up-to-date in terms of the following: first and last name, country of residence, valid email address and phone number.
3.1.3. An individual applying for a MAXBET Account acknowledges and accepts:
3.1.3.1. All definitions and stipulations as stated under the MAXBET Rules;
3.1.3.2. The MAXBET Rules as currently published on the Website, as well as any possible future changes to the MAXBET Rules;
3.1.3.3. That the Contract is governed by:
(1.3.3.i) the MAXBET Rules as published in English and Swahili;
(1.3.3.ii) any regulatory provisions or other decisions made from time to time by the Governing Authorities; and
(1.3.3.iii) the Governing Law of the Place of the Contract.
3.2. Verification of your identity as an MAXBET Account holder.
3.2.1. You warrant that:
3.2.1.1. The name and address You supply when opening Your Account are correct;
3.2.1.2. You are the rightful owner of the money that you at any time deposit in to your Account.
3.2.2. By agreeing to the Terms of Use You authorize us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm these facts (the "Checks"). You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us, including in relation to any deposits, which you have made into your Account.
3.2.3. Whilst we are undertaking any Checks from time to time, we may restrict you from withdrawing funds from Your Account and/or prevent access to all or certain parts of the Website. Please note that we may from time to time re-perform the Checks for regulatory, security or other business reasons. If any such restrictions cause you a problem, please contact Customer Services.
3.2.4. In certain circumstances, we may have to contact you and ask You to provide further information to us directly in order to complete the Checks. For this purpose, we will be entitled, at our sole discretion, to require that You provide us with a notarized ID or any equivalent certified ID according to the applicable law of Your jurisdiction or otherwise, proof of address, utility bills, bank details, bank statements and bank references. Until such information has been supplied to our satisfaction we may prevent any activity to be undertaken by You in relation to the Account or we may, where we reasonably believe that deliberately incorrect information has been provided by You, keep any amount deposited on the Account following the closure of the Account by us.
3.2.5. It may be an offence for persons under the Relevant Age to make use of the Website. If we are unable to confirm that You are the Relevant Age then we may suspend Your Account until such time that we are able to confirm that You are the Relevant Age. If You are subsequently proven to have been under the Relevant Age at the time You made any gambling or gaming transactions with us, then:
3.2.6. Your Account will be closed:
3.2.6.1. All transactions made whilst You were underage will be made void, and all related funds deposited by You will be returned by the payment method used for the deposit of such funds, wherever practicable;
3.2.6.2. Any deposits made whilst You were under the Relevant Age will be returned to You; and
3.2.6.3. Any winnings which You have accrued during such time when You were under the Relevant Age will be forfeited by You (and may be deducted from the amount of any deposit returned under paragraph 3.2.6.2 and You will return to us on demand any such funds which have been withdrawn from Your Account.
3.2.7. If You become aware of any suspicious activity relating to individual(s), participants, players, officials or You must report such activity to the Company immediately.
3.2.8. 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.
3.2.9. 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.
3.3. MAXBET Account Credentials and Customer Information.
3.3.1. After opening Your Account, You must take all reasonable steps to avoid disclosing (whether deliberately or accidentally) Your username, password and/or account number to anyone else, including (where practicable) ensuring that up-to-date security software is downloaded onto Your Access Device.
3.3.2. All transactions made where Your username and password and/or account number have been entered correctly will be regarded as valid, whether or not authorised by You, and we shall not be liable for any claims in the event that You disclose Your username, password or account number to anyone else (whether deliberately or accidentally). If You allow or authorise another person to use Your account, You shall be responsible for all transactions such a person makes using the relevant account details.
3.3.3. If You have lost or forgotten Your Account details, or have reason to believe that such details are known to an unauthorised third party, you are at liberty to change your password to a more secure one of your liking through the “Forgot your Password?” option on the website (On phone or computer) or on the mobile app. If you are not in a position to access the “Forgot your Password?” option, please contact us immediately for a replacement through Customer Services, details of which can be found in the Contact us or use the help section of the website. 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.
3.4. MAXBET Account Closure.
3.4.1. All Accounts shall be closed after 90 Days should Your Account remain dormant; without activity within the same period.
3.4.2. All balances will be forfeited without further opportunity for redress
4. DEPOSITS, TRANSFER AND WITHDRAWALS.
4.1. If You have lost or forgotten Your Account details, or have reason to believe that such details are known to an unauthorised third party. You are at liberty to change your password to a more secure one of your liking through the “Forgot your Password?” option on the website (On phone or computer) or on the mobile app. If you are not in a position to access the “Forgot your Password?” option, please contact us immediately for a replacement through Customer Services, details of which can be found in the Contact us or use the help section of the website. 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.
4.2. If You use a payment method in respect of which You are not the account holder, we reserve the right to treat any deposit into the Account as being invalid (and any winnings arising from such deposit as void) pending the satisfactory completion of all relevant Checks
4.3. For all deposits, the mobile number of the depositor must be identical to the mobile phone number registered on the Account receiving the funds. If this is not the case, we reserve the right to treat any deposit into the Account as being invalid and the funds may be returned to the mobile number, from which the funds were sent. Any charges levied by the mobile operator’s payment gateways (M-Pesa) will be deducted from the player's Account.
4.4. You further agree not to make any charge-backs, reversals or otherwise cancel any deposits into Your Account, and in any such event to refund and compensate us for such unpaid deposits including any expenses incurred by us in the process of collecting Your deposit. For the avoidance of doubt Your Account shall not be used by You as a bank account and, should we become aware of deposits into and withdrawals from Your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the account). Monies deposited with us in Your Account shall not attract interest.
4.5. You should only deposit money in Your account for the purposes of you using such money to place bets/wagers on the games/player 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/wagers. You may only bet/wager with the amount of cleared funds held in your account.
4.6. 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 the placing of future 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.
4.7. You can at any time request a statement which would show all transactions made, namely deposits, bonus credits, winnings, bets and withdrawals. Should you notice any errors you should immediately notify the Company via written or electronic notice. Such anomaly once confirmed, will be rectified by the company in the shortest time possible at no cost to you. All statement requests to be sent to [email protected]
4.8. You may request for a withdrawal of funds from Your Account at any t ime provided that (a) all payment all payments made into Your Account have been confirmed as cleared and none have been charged-back, reversed or otherwise cancelled; (b) any Checks referred to in paragraph 3 (Verification of Your Identity) above have been completed by us to our satisfaction; and (c) You have complied with any other relevant withdrawal conditions affecting Your Account (e.g. any applicable Bonus Terms). We have a number of controls and checks that take place before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our customers' funds.
4.9. On any withdrawal approved by us, provided that You give us sufficient information as to how the funds should be transferred to You, we will return the relevant funds to You in accordance with paragraph 4.8 (less charges incurred or any other amount required to be deducted from Your withdrawal in order to comply with any applicable law).
4.10. Should you attempt to withdraw funds that were deposited but not used for wagering, 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.
4.11. 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 identity 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.
4.12. There is no set maximum withdrawal amount per day but withdrawal requests may not exceed Your particular mobile operator limits; Amounts greater than Kshs 100,000/=, as such may require additional arrangements. For full details on each specific payment type, please contact Us.
4.13. 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.
4.14. The Company may, at any time, set off any positive balance in Your Account against any amounts owed by You (including under a Duplicate Account) to the Company or any other company within the Company’s Group (irrespective of whether there has been a breach of the Terms of Use) including (without limitation) where we re-settle any bets or wagers pursuant these Terms of Use.
4.15. To the extent required by Your local law or tax or other authorities You are responsible for reporting Your winnings and losses arising from the Services.
4.16. 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 founds in your account for any reason.
4.17. CashOut Option - What is CashOut? - Making both ordinary and express bets without waiting for the outcome of a match or matches, you can with the cash out option take the win you have at the given moment.
For example:You make an express bet on 3 football matches: 1,000 KES with 6.3 odds (1st – 1.4 odds, 2nd – 2.5 odds, 3rd – 1.8 odds). That is, your win makes 6300 KES. In the event of winning 2 of these matches and not being sure in the 3rd, you may refuse risking and take the win you have at the current moment with the odds of the 2 played matches (1st – 1.4 odds, 2nd – 2.5 odds), which makes 3150 KES.
4.18. When is Cashout Option available? - The cash out option is available for almost all games. You can see its special logo on the offered markets while making bets.
Second example:You make an ordinary bet of 1000 KES on the Barcelona – Real Madrid match with 2.0 odds for Barcelona’s victory (in the event of a victory the win makes up 2000 KES).
Prior to the start of the game, Barcelona’s odds sink to 1.6. In this case, the program calculates the odds difference (to your benefit) and enables you to cash out 1125 KES before the game starts ((2.0/1.6×1000)-10%=1125). The program calculates in the same way in the event of the odds rising
5. LEGAL USE OF THE WEBSITE AND SERVICES.
5.1. Access to or use of the Website or any of the Services via the Website or any Access Device may not be legal for some or all residents of or persons in certain countries. We do not intend that the Website should be used for betting, gaming or any other purposes by persons in countries in which such activities are illegal. The fact that the Website is accessible in any such country, or appears in the official language of any such country shall not be construed as a representation or warranty with respect to the legality or otherwise of the access to and use of the Website, and the making of deposits or receipt of any winnings from Your Account. The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of or subscription to betting, gaming or other services in any jurisdiction in which such activities are prohibited by law.
5.2. It is Your responsibility to determine the law that applies in the location in which You are present. You should ensure that You will be acting legally in Your jurisdiction in opening Your Account and/or using the Website and You represent, warrant and agree that You will do so.
5.3. If it becomes apparent to us that You are resident in a country in which the use of the Website is not legal, we shall be entitled immediately to close Your Account, in which case any balance on the Account on the date of such closure will be refunded to You as soon as it is practicable for us to do so.
5.4. Should you be able to access and use the Services from your location which may be 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 as well as bearing any other charges levied in your jurisdiction.
6. COLLUSION, CHEATING, FRAUD AND CRIMINAL ACTIVITY.
6.1. The following practices (or any of them) in relation to the Services:
6.1.1. abuse of bonuses or other promotions; and/or
6.1.2. using unfair external factors or influences (commonly known as cheating); and/or
6.1.3. taking unfair advantage (as defined in paragraph 6.5.3);
6.1.4. opening any Duplicate Accounts; and/or
6.1.5. undertaking fraudulent practice or criminal activity, constitute "Prohibited Practices" and are not permitted and will constitute a material breach of the Terms of Use. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the above, however, we will not be liable for any loss or damage which You may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion.
6.2. If You suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to us by e-mailing us or telephoning Customer Services.
6.3. You agree that You shall not participate in or be connected with any form of Prohibited Practice in connection with Your access to or use of the Services.
6.4. If:
6.4.1. we have reasonable grounds to believe that You have participated in or have been connected with any form of Prohibited Practice (and the basis of our belief shall include the use by us (and by our gaming partners and our other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or
6.4.2. You have placed bets and/or played online games with any other online provider of gambling services and are suspected (as a result of such play) of any Prohibited Practice or otherwise improper activity; or
6.4.3. we become aware that You have "charged back" or denied any of the purchases or deposits that You made to Your Account; or
6.4.4. in our reasonable opinion your continued use of the Services may be detrimental to our regulated status, including our continued ability to be licensed by the Regulator; or
6.4.5. You become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of Your Account) we shall have the right, in respect of Your Account (and/or any other account held by You with an Operator Group company) to withhold the whole or part of the balance and/or recover from the account the amount of any deposits, pay-outs, bonuses or winnings which have been affected by or are in any way attributable to any of the event(s) contemplated in this paragraph 6.4. The rights set out in this paragraph 6.4 are without prejudice to any other rights (including any common law rights) that we may have against You, whether under the Terms of Use or otherwise.
6.5. For the purposes of this paragraph 6
6.5.1. "fraudulent practice" means any fraudulent activity engaged in by You or by any person acting on Your behalf or in collusion with You, and shall include, without limitation:
(a) fraudulent charge-backs and rake-back activity; (b) the use by You or any other person who was participating in the same game as You at any time, of a stolen, cloned or otherwise unauthorised credit or debit card, as a source of funds; (c) the collusion by You with others in order to gain an unfair advantage (including through bonus schemes or similar incentives offered by us); (d) any attempt to register false or misleading account information; and (e) any actual or attempted act by You which is reasonably deemed by us to be illegal in any applicable jurisdiction, made in bad faith, or intended to defraud us and/or circumvent any contractual or legal restrictions, regardless of whether such act or attempted act actually causes us any damage or harm;6.5.2. "criminal activity" shall include, without limitation, money laundering and any offence under the Betting Lotteries and Gaming Act (Cap 131 of the laws of Kenya); and
6.5.3. "unfair advantage" shall include, without limitation:
6.5.3.1. the exploitation of a fault, loophole or error in our or any third party's software used by You in connection with the Services (including in respect of any game);
6.5.3.2. the use of Bots;
6.5.3.3. the use of third party software or analysis systems; or
6.5.3.4. the exploitation by You, of an Error, in any case either to Your advantage and/or to the disadvantage of us or others.
6.5.4. In exercising any of our rights under paragraph 6.4 in relation to a Prohibited Practice, we shall use all reasonable endeavors to ensure that, while complying with our regulatory and other legal obligations, we exercise such rights in a manner which is fair to You and to our other customers.
6.5.5. We reserve the right to inform relevant authorities, other online gaming or gambling operators, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of Your identity and of any suspected Prohibited Practice by You, and You shall cooperate fully with us to investigate any such activity.
6.5.6. You agree to not in any way treat the Company as a financial institution. This includes using the Company as an intermediary to transfer funds, unused or used, from one source to another one 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 honored 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/wager which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet/wager. 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.
7. CLOSURE OF YOUR ACCOUNT; TERMINATION OF THE TERMS OF USE.
7.1. Closure and termination by You.
7.1.1. Provided that Your Account does not show that a balance is due to us, you are entitled to close your Account and terminate the Terms of Use on not less than twenty four hours’ notice to us at any time by contacting us through our Customer Services. We will respond to your request confirming closure of Your Account and the date on which such closure will be effective, within a reasonable time, provided that You continue to assume responsibility for all activity on Your Account until such closure has been carried out by us (at which point the Terms of Use shall terminate).
7.1.2. When You request closure of Your Account under paragraph 7.1 we will, subject to paragraph 7.3, return any outstanding balance in Your Account to You.
7.1.3. Upon any termination of Your Account under this paragraph 7, we shall be entitled (without limiting our rights under paragraph 7.7) to withhold, from the repayment of the outstanding balance on Your Account, any monies: (a) pursuant to paragraph 5 (Collusion, Cheating, Fraud and Criminal Activity); (b) pursuant to paragraph 17 (Breach of the Terms of Use); (c) as otherwise provided by the Terms of Use (including, as appropriate, paragraph 5.4); or (d) as required by law or regulation. If Your Account reflects a negative balance, such balance shall fall immediately due and payable to the Company, and your Account will not be closed until the relevant amount owed to the Company is paid in full.
7.1.4. When repaying the outstanding balance on Your Account, we shall use the same method of payment which You provided upon registration of Your Account, or such other payment method as we may reasonably select.
7.1.5. Where You have closed Your Account, we may in certain circumstances be able to re- open Your Account with the same account details as before if You request us to do so. In such circumstances, while Your Account will have the same account details as before, it will be subject to the Terms of Use which are in force at the date of any such re-opening and any prior entitlements (including, but without limitation, to bonuses or contingent winnings) will no longer be valid.
7.2. Closure and termination by us.
7.2.1. We are, at any time (and notwithstanding any other provisions contained in the Terms of Use), entitled to close Your Account and terminate the Terms of Use on written notice (or attempted notice) to You using Your Contact Details. In the event of any such termination by us we shall, subject to paragraph 7.8, as soon as reasonably practicable following a request by You, refund the balance of Your Account.
7.2.2. Without limiting the preceding paragraph, the company shall be entitled to close or suspend your account if:
7.2.2.1. you become bankrupt;
7.2.2.2. the Company considers that you have used the services/products/platforms in a fraudulent manner or for illegal and/or unlawful or improper purposes;
7.2.2.3. 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;
7.2.2.4. the Company is requested to do so by the police, any regulatory authority or court; or
7.2.2.5. the Company considers that any of the events referred to above may have occurred or are likely to occur.
7.2.3. Where we close Your Account and terminate the Terms of Use pursuant to paragraph 5 (Collusion, Cheating, Fraud and Criminal Activity) or paragraph 17 (Breach of the Terms of Use), the balance of Your Account will be non-refundable and deemed to be forfeited by You to the extent of any claim that we may have against You as at the date of such closure (whether under Your Account, a Duplicate Account or otherwise). Closure of Your Account and Termination of the Terms of Use, other than pursuant to paragraphs 5 or 16 of these General Terms, will not affect any outstanding bets, provided that such outstanding bets are valid and You are not in breach of the Terms of Use in any way. For the avoidance of doubt, we will not credit any bonuses into Your Account, nor will You be entitled to any contingent winnings, at any time after the date on which it has been closed (whether by us pursuant to the Terms of Use, or in response to Your request). The following paragraphs shall survive any termination of the Terms of Use: 16,17,18 and 19, and any other paragraphs which are required for the purposes of interpretation; together with any relevant sections of the Betting Rules, relevant Game Rules, the Privacy Policy and the Additional Terms.
7.3. Suspension By Us.
7.3.1. We shall be entitled to suspend Your Account in the circumstances expressly set out in the Terms of Use. Upon the suspension of Your Account: (a) no activity shall be permitted (including deposits, withdrawals, betting or gaming) until the date upon which it is re- activated by us; (b) no bonuses or contingent winnings will be credited to the Account; and
(c) we shall address the issue that has given rise to the Account suspension with a view to resolving it as soon as reasonably practicable so that the Account can, as appropriate, either be re-activated or closed.8. PRIVACY.
8.1. The aim of this policy is to tell you how 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.
8.2. We may 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.
8.3. We use your personal information to invite you to join MAXBET 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 11111. Should there be any transaction after the text please contacts customer care immediately.
8.4. The Company will not disclose your personal information to third parties, unless such disclosure:
8.4.1. is under our duty to comply with any legal obligation, or in order to enforce or, comply with our Terms and Conditions and other agreements; or to protect our rights or property.
8.4.1.1. 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.
8.4.1.2. 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.
8.4.2. You are entitled to see the transactional information and bet history held about you upon authentication [email protected]
8.4.3. You are the only authorized person who may review, correct, update or change your personal information at any time. 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.
8.4.4. If our privacy policy changes in any way, we will place an updated version on www.MAXBET.co.ke. Regularly reviewing this website ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.
8.4.5. Circumstances as specified under relevant legislation governing the Company business activities may require us to forward your information to the relevant Authorities.
8.4.6. 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.
9. USE OF THE SERVICE, WEBSITE AND ALL OTHER MEDIA/ ELECTRONIC PLATFORMS.
9.1. Information accessed by you on the Access Device, 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/wagers, which are made at your own risk and discretion.
9.2. You are solely responsible for the supply and maintenance of all of Your Access Devices and related equipment and telecommunications networks and internet access services that You need to use in order to access the Services. We will not be liable in any way whatsoever for any losses caused to You (whether resulting from loss of service, poor internet connectivity, insufficient bandwidth or otherwise) by the internet or any telecommunications service provider that You have engaged in order to access the Services. For the avoidance of doubt, the Operator does not make any representation or give any warranty as to the compatibility of the Services with any particular third party software or hardware, including (for the avoidance of doubt) third party analysis or 'Bot' programmes which promise certain results from any of the Services.
9.3. Your Access Device and internet connection may affect the performance and/or operation of the Website, the Telebetting services and all other media/electronic platforms. The Company does not guarantee that the Website, the Telebetting services 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 Access Device, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events).
9.4. Fair Use The Telebetting service, Website and all other media/electronic platforms and the Company products may only be used for the purposes of placing bets and wagers on events and/or gaming products.
9.4.1. You must not use the Telebetting service, Website and all other media/ electronic platforms for any purpose which (in the Company's opinion) is illegal, defamatory, abusive or obscene, sexist, racist, or which the Company considers discriminatory, fraudulent, dishonest or inappropriate. You must not use any abusive or aggressive language or images, swear, threaten, harass or abuse any other person, including other users, via the Website, or attempt to pass Yourself off as being any other person, or behave in such a manner towards any Operator staff used to provide the Services, Customer Services, or any helpdesk or support function which we make available to You.
9.4.2. Company will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Telebetting 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.
9.5. Software and Technology Issues
9.5.1. You are only permitted to use any and all software made available to you via the Telebetting service, Website, or other media/electronic platforms, for the purpose of using products on the Access Devices or all other media/electronic platforms, and save to the extent permitted by applicable law, for no other purposes whatsoever.
9.5.2. 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 Access Devices and all other media/electronic platforms, in accordance with the following provisions:
9.5.2.1. You are not permitted to:
9.5.2.1.1. 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;
9.5.2.1.2. 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;
9.5.2.1.3. 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
9.5.2.1.4. copy or translate any user documentation provided 'online' or in electronic format.
9.5.2.1.5. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or 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.
9.5.2.2. 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 throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
9.5.2.3. 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:
9.5.2.3.1. the software will meet your requirements;
9.5.2.3.2. the software will not infringe any third party's intellectual property rights;
9.5.2.3.3. the operation of the software will be error free or uninterrupted;
9.5.2.3.4. any defects in the software will be corrected; or
9.5.2.3.5. the software or the servers are virus-free.
9.5.2.4. 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.
9.5.2.5. You hereby acknowledge that how you use 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.
9.5.2.6. 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.
9.5.3. In order to use the products offered through the Services, You may be required to download and install software supplied by third parties on to Your Access Device. Software may include, but is not limited to: Access Device applications, and any promotional, marketing and/or facility applications, products and software. In such circumstances, you may be required to enter into a separate agreement with the owner or licensor of such software in respect of Your use of the same (a " Third Party Software Agreement"). In case of any inconsistency between the Terms of Use and any Third-Party Software Agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.
9.5.4. It is Your responsibility to ensure that any software is downloaded onto Your Access Device in a manner compatible with Your own Access Device's specific set-up. For the avoidance of doubt, we shall not be liable to the extent that the incorrect downloading of any Software has an adverse effect on the operation of Your Access Device.
9.5.5. Notwithstanding that the Services provided via any Access Device application shall be subject to the Terms of Use, the terms under which any application ("App") is downloaded or installed onto Your Access Device shall be governed by the agreement entered into between You and the supplier of the relevant App but, in case of any inconsistency between the Terms of Use and any such agreement, the Terms of Use will prevail in so far as the inconsistency relates to the relationship between You and the Operator.
9.5.6. While the Company endeavors to ensure that the Telebetting 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 Telebetting 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.
9.5.7. You must not misuse the Telebetting 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 Telebetting 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 Telebetting service, Website and all other media/electronic platforms; or any equipment, software, owned or used by a third party. You must not attack our Telebetting 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.
9.6. You shall be solely liable in respect of any content uploaded by You onto the Website ("Uploaded Content") and, in uploading any such content, You represent and warrant that:
9.6.1. You have obtained all necessary approvals, consents, licences and permissions required in respect of the Uploaded Content and that the reproduction of the Uploaded Content on the Website will not infringe the copyright, trade mark, confidential information or any other intellectual property rights whatsoever of any third party;
9.6.2. the Uploaded Content will not contain any material in breach of paragraph 8.4 or any code in breach of paragraph 8.1;
9.6.3. the Uploaded Content will comply with all laws and regulations (including, in particular, those relating to data protection and privacy); and
9.6.4. the Operator is entitled to use and sub-licence the use of the Uploaded Content at its sole discretion.
9.7. Any material (other than Software under paragraph 13) downloaded by You from the Website shall be downloaded entirely at Your own risk and the Operator shall not be liable in respect of any loss of data or other damage caused by any such download.
9.8. Where we have reason to believe that Your use of the Services is in breach of any provision of this paragraph 8 we shall, without prejudice to any of our other rights, be entitled forthwith to remove from the Website any offending content.
10. THIRD PARTY CONTENT.
10.1. 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.
10.2. The Company does not accept any liability in respect of any third-party feeds, commentaries and content.
10.3. 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/wager on any market or event where the third-party service provider is providing a service to the Company. The Company will void any bet/wager where it determines in its absolute discretion that such betting/wagering has taken place.
10.4. Where the Telebetting 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).
11. BETTING AND GAMING TERMS.
11.1. Expressions used in the betting and gaming industry are numerous. Where appropriate, a glossary explaining the meaning of commonly used betting and gaming expressions is available on the Website. Should You be in any doubt as to the meaning of any expression, You should not place any bet or game on any event until its meaning is understood to Your satisfaction, because we cannot accept any responsibility if You place a bet or game via the products offered via the Services in circumstances where You do not understand any of the terms involved in or relating to the bet or game.
12. ALTERATION OF THE WEBSITE.
12.1. We may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the Website at any time for the purpose of ensuring the ongoing provision of the Website, but without prejudice to any games and/or bets already in progress at the time of such amendment. From time to time, we may restrict You from accessing some parts of the Website for the purpose of maintenance of the Website and/or alteration or amendment of any of the games and/or products available through the Website. IT FAILURE.
12.2. Where problems occur in the software or hardware used by us to provide the Services we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to You or other players, we will take all reasonable steps to treat You in a fair manner (which may include reinstating the balance on Your Account to the position existing following completion of the last bet or game logged on the Operator's server immediately prior to the occurrence of the problem).
13. OTHER.
13.1. The Company may actively monitor traffic to and from the Access 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.
13.2. The Company reserves the right to restrict access to all or certain parts of the Telebetting service, Website and all other media/electronic platforms in respect of certain jurisdictions.
13.3. The Company may alter or amend the products offered via the Telebetting service, Website and all other media/electronic platforms at any time and for any reason.
13.4. From time to time, all or part of the Telebetting 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.
14. OUR INTELLECTUAL PROPERTY RIGHTS.
14.1. The contents of the Telebetting service, Website and all other media/ electronic platforms, and all other media/electronic platforms owned by the company are protected by Kenyan and international copyright laws and other intellectual property laws. The owner of these rights is the Company, its affiliates or other third party licensors.
14.2. All product and company names and logos mentioned on the Telebetting service, Website and all other media/electronic platforms are the trademarks, service marks or trading names of their respective owners, including the Company.
14.3. Except to the extent required to use a product for the purpose of placing bets or wagers, 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.
14.4. 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.
14.5. Any commercial use or exploitation of the Website or its content is strictly prohibited. These Terms and Conditions, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Website constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and Conditions, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Mobile service, Website and all other media/electronic platforms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or Inadvertently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation.
15. EXCLUSION OF LIABILITY.
15.1. Your access to and use of the Services is at Your sole option, discretion and risk. We shall not be liable for any attempts by You to use the Services by methods, means or ways not intended by us.
15.2. We will provide the Services with reasonable skill and care and substantially as described in the Terms of Use. We do not make any other promises or warranties regarding the Services, or any products or services forming a part of the Services, and hereby exclude (to the extent permitted by law) all implied warranties in respect of the same (including implied warranties as to satisfactory quality and/or fitness for Your purpose). In particular, we do not warrant that the Website will have uninterrupted availability or that it will be free of bugs, viruses or other errors.
15.3. Save as provided in our betting rules and subject to paragraph 16.5, our maximum liability (including that of our group companies, affiliates, officers, directors, agents and employees) arising out of your use of the services (or any part of the services and whether utilising the website or telebetting), whether such liability arises under breach of contract, tort (including negligence), or otherwise, will be limited to:
15.4. Where our liability relates to a bet or stake, the amount of the bet or stake placed by you in respect of which our liability has arisen;
15.5. Where our liability relates to the misapplication of funds, the amount of money in your account that has been misplaced by us; and
15.6. In respect of any other liability of the operator, [one hundred thousand kenya shillings (kes 100,000)].
15.7. We (including our group companies, affiliates, officers, directors, agents and employees) shall not be liable to you, whether such liability arises in contract, tort (including negligence) or otherwise, in respect of any:
15.7.1. Loss of data;
15.7.2. Loss of profits;
15.7.3. Loss of revenue;
15.7.4. Loss of business opportunity;
15.7.5. Loss of or damage to goodwill or reputation;
15.7.6. Business interruption; or
15.7.7. Any indirect, special or consequential loss or damage, even where such loss or damage has been notified to us as being possible, arising out of the terms of use or any use whatsoever by you of the services.
15.8. Nothing in the Terms of Use will operate so as to exclude any liability which we may have in respect of:
15.8.1. Fraud (including fraudulent misrepresentation); or
15.8.2. Death or personal injury caused by our negligence.
16. BREACH OF THE TERMS OF USE.
16.1. You will fully indemnify, defend and hold us and our officers, directors, employees, agents, contractors and suppliers harmless from and against any and all losses, costs, expenses, claims, demands, liabilities and damages (including legal fees), however caused, that may arise, whether or not reasonably foreseeable, as a result of or in connection with:
16.1.1. The access to and use of the Services by You or by anyone else using Your username and password; and/or
16.1.2. Any breach by You of any of the terms and provisions of the Terms of Use.
16.1.3. Where You are in breach of the Terms of Use, we may at our sole discretion, prior to any suspension or termination of Your Account, notify You (using Your Contact Details) that You are in breach, requiring You to stop the relevant act or failure to act, and/or requiring You to put right an act or fault on Your part and warning You of our intended action if You do not do so, provided always that such notification shall not be a pre-condition to any suspension or termination of Your Account.
16.2. We have the right to disable any user identification code or password, whether chosen by You or allocated by us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of the Terms of Use.
16.3. In addition to any other remedy available, if You breach any of the Terms of Use we shall be entitled to recover from Your Account any positive balance to the extent of any amount reasonably claimed against You pursuant to paragraph 17.1.
17. COMPLAINTS.
17.1. You acknowledge that our random number generator will determine the outcome of the games played through the Services and You accept the outcomes of all such games. You further agree that in the unlikely event of a disagreement between the result that appears on Your screen and the game server used by the Operator, the result that appears on the game server will prevail, and You acknowledge and agree that our records will be the final authority in determining the terms and circumstances of Your participation in the relevant online gaming activity and the results of this participation.
17.2. No claim or dispute with regard to:
17.2.1. the acceptance or settlement of a bet which You have made using the Services will be considered more than thirty days after the date of the original transaction; and
17.2.2. a game which You have played using the Services will be considered more than twelve weeks after the date on which the relevant transaction or game play took place.
17.3. Should You wish to make a complaint regarding the Services, as a first step You should, as soon as reasonably practicable, contact Customer Services about Your complaint, which will be escalated as necessary within our Customer Services team until resolution.
17.4. If there is a dispute arising from the Terms of Use which cannot be resolved by Customer Services having been escalated in accordance with paragraph 18.2, You can request that the matter be addressed by a manager or supervisor. We will endeavour to resolve the matter to Your satisfaction either immediately or by contacting You subsequently.
17.5. The Company will at all times apply best efforts to resolve a reported matter promptly.
17.6. If You are not satisfied with the resolution of the complaint by the Company, You agree that the matter may be referred for adjudication by the Betting Board the Betting Board. Further details about the Betting Board can be found at http://www.presidency.go.ke/index.php/betting-control-and-licensing-board. The Betting Board’s decision will be final so long as the full facts are presented by all parties concerned.
17.7. In all other instances, or where you do not wish to contact the Betting Board, 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, with the arbitration being conducted in English. Where the parties are unable to agree on the identity of the arbitrator the chairman for the time being of the Chartered Institute of Arbitrators, Kenya Branch shall appoint one.
18. MISCELLANEOUS.
18.1. 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 of Use 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.
18.2. The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms of Use) do not exclude any other rights or remedies available in law.
18.3. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect.
18.4. 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 of Use 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 of Use.
18.5. 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.
18.6. The Company shall not be in breach of these Terms of Use 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.
18.7. 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. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under the Terms of Use.
18.8. When we wish to contact You, we may do so using any of Your Contact Details. You may contact us through any of the contact details provided on the Website. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail), or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post; in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent.
18.9. The Terms of Use and any document expressly referred to in them and any guidelines or rules posted on the Website form an integral part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions.
18.10. These Terms of Use shall be governed and interpreted in accordance with the laws of Kenya.