Terms and Conditions
Last updated: 10/01/2018
Introduction to the general terms and conditions
SP International Limited, a company incorporated in the Isle of Man with registration number 012461V and having its registered office at First Floor, Jubilee Buildings, Victoria Street, Douglas, Isle Of Man IM1 2SH (the "Company", “us”, “we”), owns and operates this online gambling Website (www.sportpesa.com) and its associated SportPesa branded websites (the “Website”), through which the Company provides its online sports betting and gaming services. The Company is regulated and licensed by the Isle of Man Gambling Supervision Commission.
By opening a Player Account with us and/or using our Service you agree to be bound by this Agreement.
The following terms shall have the following meanings when used in this Agreement:
“Authorised Payment Solution” means payment solution companies authorised by the Company.
"Account" means an account opened by you to be used to manage the payment of funds to and from us in relation to your use of the Website and Services which we agree that you may open and operate. This includes all other transactions you undertake which for example betting, and participation in promotions.
"Bet" means a bet, wager or stake placed via the Website on the outcome of any event referred to on the Website.
"Company" means SP International Limited, a company incorporated in the Isle of Man with registration number 012461V and having its registered office at First Floor, Jubilee Buildings, Victoria Street, Douglas, Isle of Man IM1 2SH
"Content" means all text, information, data, software, executable code, images, audio or video material in whatever medium or form made available by us on the Website.
"IP Rights" means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Legitimate Winnings” means winnings legitimately and legally won by you in using the Services and that have been won by you fairly and in accordance with these or any of our other Terms and Conditions and that are not subject to any reasonable objection by us.
“Online gambling” means any gaming where any player enters or may enter the game or takes or may take any step in the game by means of a telecommunication (not to include telephone betting), the negotiating or receiving of any Bet by means of a telecommunication in which any participant acquires or may acquire a chance by means of a telecommunication.
“Personal Information” means any information specific to you that comes into our possession which includes, but is not limited to, your name, date of birth, residential address, country of residence, telephone number, email address and payment/bank details.
“Prohibited Practice” means those practices as set out in Clause 3.10.
"Services" means facilities provided by us to enable you to place Bets via our Website.
"Software" means any computer program made available on the Website by us from time to time.
“Stake” means funds you have made available to be risked by means of placing a Bet or Bets on our Website.
General terms and conditions
Following are the terms and conditions governing the use of this Website. All user activities on the Website are subject to and governed by these terms and conditions.
2. Applicability of these Terms and Conditions
2.2 The Company reserves the right to amend these Rules and Regulations, as it sees fit from time to time. Amendments to the Rules and Regulations will be notified to you by way of an announcement published clearly on the Website, or by Email and/or SMS messages sent to you. If we intend making significant changes to the Rules and Regulations, we will give you as much prior notice of such changes as is reasonably practicable. It shall be your responsibility to periodically check these terms and conditions for any amendments or modifications that govern the continued use of this Website. Amendments or changes in the Rules and Regulations shall become effective immediately upon their posting on the Website, and your continued use of this Website shall be deemed acceptance of the amended terms, except where you have entered into a specific promotion, in which case those specific promotional terms and associated General Promotional Terms and Conditions as accepted by you shall continue to apply until completion of that promotional offer, after which time and where applicable changes in the Rules and Regulations. If you do not agree to the amendments, you should cease using this Website and close your account forthwith.
2.3 The Rules and Regulations are written in English. If they are translated into any other languages, the English version shall prevail.
3. Your Representations
3.1 In accepting these terms and conditions, you irrevocably and unconditionally represent and warrant, and are bound without reservation or limitation (as the case may be) to such representations and warranties, that:
- a. You are at least 18 years of age, or the age of consent or majority in your home jurisdiction, whichever is higher, specifically to undertake gambling activity and also the legal age to enter into contracts of this nature, and you are aware that underage gambling is an offence;
- b. You have not previously self-excluded yourself from gambling on our Website either on a permanent basis or under currently valid period of self-exclusion, nor are a self-confessed problem gambler;
- c. You will provide accurate registration information when opening your account, including without limitation your correct name and date of birth, your current address, email address and personal telephone number, where you will inform us of any changes to the same;
- d. Your account with us is solely for your own personal use;
- e. You are not depositing funds originating from criminal and/or illegal activities;
- f. You are legally able to participate in online gambling within your home jurisdiction;
- g. You have the mental capacity to take responsibility for your own actions and be bound by the Rules and Regulations.
3.2 The Company reserves the right at any and all times to void any transactions involving minors or other mentally incapacitated individuals lacking in the legal ability to consent to the making of contracts, as the case may be. If you are proven to be under the legal age or are categorised as a mentally incapacitated individual and as such not legally entitled or capable of entering into a contract for gambling services at the time you made any gambling transactions with the Company, then:
- a. All transactions made whilst you were underage or mentally incapacitated will be made void, and all related funds deposited by you will be returned via the payment method used for the deposit of such funds, wherever practicable;
- b. Any deposits made whilst you were underage or mentally incapacitated will be returned to you, net of any funds used for Bets that have already been settled. Any unsettled Bets will be voided and the amount of such voided unsettled Bets will be returned to you; and any winnings which you have accrued during such time when you were underage or mentally incapacitated will be forfeited by you (and may be deducted from the amount of any deposit returned);
- c. Your Account will be closed; and
- d. We may refer and/or report the matter to the police, your official guardians and appropriate regulatory authorities.
3.3 We restrict access to the Website and/or access to gambling facilities with respect to all or certain betting and gaming products and/or individual games for persons participating from certain countries. This may be due to regulatory, business, supplier restrictions or other reasons that may change from time to time. Rather than set these continually changing country restrictions out in these Terms and Conditions, we instead will make it clear and specify in the registration, deposit, product or game access or download pages in the Website as relevant, the country specific restrictions that apply to your access and use of the Website depending on your country of participation. Notwithstanding the foregoing, we prohibit participants from the following countries from using our Website for the purposes of placing a Bet: the United States of America or its territories, United Kingdom, Israel and Italy.
3.4 If you wish to place a Bet with the Company, you should note that there may be specific laws in your country, place of residence, or the place where such Bets are placed from, which prohibit online gambling or the use and access of this Website. You irrevocably and unconditionally represent and warrant, without reservation or limitation, to the Company that you will not access or register on the Website at any time:
- a. from within a jurisdiction that prohibits the access or use of this Website for any reason whatsoever;
- b. from within a jurisdiction that prohibits online gambling;
- c. if you are a citizen or resident of a nation state that prohibits its citizens from participating in gambling (regardless of their current location); or
- d. if you are a citizen or resident of the following countries or jurisdictions: Hong Kong Special Administrative Region of the People's Republic of China, the United States of America or its territories, United Kingdom, Israel, France, Italy, Poland, Turkey, Spain, Taiwan and the Republic of the Philippines (collectively "Prohibited Jurisdictions”); or
- e. if the payment of any winnings to you would expose the Company to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions rules or regulations of the European Union, United Kingdom, Isle of Man or United States of America.
3.5 You further agree, accept, irrevocably and unconditionally represent and warrant without reservation or limitation to the Company that:
- a. it is your sole responsibility to ensure compliance with your applicable local or national laws before registering and/or placing Bets with the Company. You are encouraged to seek independent legal advice before registering and/or placing any Bets with the Company to verify that your proposed dealings with the Company is not contrary in any way to any such laws. The Company does not accept any responsibility for your breach of any applicable local or national laws and you shall hold free and harmless the Company and indemnify it for any damages it may sustain as a result of such breach;
- b. you acknowledge and recognise that the Company is legally licensed for the provision of betting services, hence the Company taking the position that it is rendering Services from a jurisdiction where it is legally permissible to do so, licensed and regulated and making an effort to not take business from prohibited jurisdictions or customers in, or from prohibited jurisdictions; and
- c. you acknowledge that you will be responsible for payment of all taxes which may be due on any winnings paid to you.
3.6 The Company reserves the right to request proof of identity, address and age as a condition precedent to allow registration, access to and participation in this Website, and at any stage, in order to: (i) verify that minors are not participating; and (ii) you are not a previously self-excluded player; and (iii) your actual identity and address details match those given by you on registration as required under our money laundering and terrorism financing controls. The Company may cancel your account and exclude you from participating if proof of age is not provided or if the Company suspects you are underage or otherwise legally incapacitated from participating.
3.7 You agree that your use of this Website is at your sole risk and further understand and agree that by using the Website and/or the services offered herein, you may lose money on Bets placed and you accept full responsibility for any such loss.
3.8 You agree irrevocably and unconditionally represent and warrant without reservation or limitation to the Company that you will not represent yourself as an agent or affiliate of the Company without a written statement to that effect from the Company; and furthermore that you shall, in no way market, advertise, publicise, or promote the Company or the Company's Services without the previous written consent of the Company.
3.9 You agree to use our Website for your own entertainment and recreational purposes only and not as a means to make a living; you further agree that we reserve the right at our sole discretion to limit and/or close your account should we suspect/discover you are in breach of this clause.
3.10 You warrant that you will not attempt to attack, hack, make unauthorised alterations to, or introduce any kind of malicious code to the Website. As such, you will not, without limitation, (a) reverse engineer or decompile (in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter, use or distribute all or any part of the Website or any material or information contained on it other than as permitted by law; or (c) disclose account information to any third party; or (d) contravene any of the provisions stated herein specially but not limited to Clause 6 below; or (e) cheat, deceive, trick, misinform or defraud the Company in any way through use or abuse of the Company's services or this Website (all of which shall be collectively referred to as “Prohibited Practice”). Should the Company suspect that you have failed to abide by the terms of this provision the Company shall have the right, in addition to any other remedy, to freeze or suspend your account with the Company in order to carry out further investigations and notify its regulator and/or the police. If it is confirmed, as determined by the Company using reasonable measures and at its sole discretion, that you failed to abide by the terms of this provision, this will result in the termination of the Services to you, closure of your account and forfeiture by the Company of any amounts in your account.
3.11 The Company will take all reasonable steps to prevent and detect such practices set out in clause 3.10 and to identify the relevant players concerned if they do occur. Subject to the above, however, the Company will not be liable for any loss or damage which you may incur as a result of any Prohibited Practice, and any action the Company takes in respect of the same will be at our sole discretion.
3.12 If the Company has reasonable grounds to believe that you have participated in or have been connected with any form of Prohibited Practice (and the basis of the Company’s belief shall include the use by the Company (and by its gaming partners and its other suppliers) of any fraud, cheating and collusion detection practices which are used in the gambling and gaming industry at the relevant time); or if 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 if the Company becomes aware that you have "charged back" or denied any of the purchases or deposits that you made to your Account; or if in our reasonable opinion your continued use of the Services may be detrimental to the Company’s regulated status, including its continued ability to be licensed by the Isle of Man Gambling Supervision Commission; or if you become bankrupt or suffer analogous proceedings anywhere in the world, then, (including in connection with any suspension and/or termination of your Account) the Company shall have the right, in respect of your Account (and/or any other SportPesa account held by you) 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 clause 3.10. The rights set out in this clause 3.12 are without prejudice to any other rights (including any common law rights) that we may have against you, whether under these Terms and Conditions or otherwise.
3.13 In exercising any of our rights under clause 3.12 in relation to a Prohibited Practice, the Company shall use all reasonable endeavours to ensure that, while complying with the Company’s regulatory and other legal obligations, the Company exercises such rights in a manner which is fair to you and to its other customers.
3.14 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.
3.15 If you suspect a person is engaged in any Prohibited Practice, you shall as soon as reasonably practicable report it to us by contacting us via email@example.com.
3.16 The Company reserves 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 the Company to investigate any such activity.
3.17 You will inform the Company, as soon as reasonably possible, of any error in any payments you received from, or payments paid to, the Company and any errors in your account information held by the Company of which you become aware in order for such error to be dealt with by the Company in accordance with Clause 4 below.
3.18 You will not allow or authorise any other person or third party (including but without limitation to, any minor) to use the Company's services, use your account or accept any winnings on your behalf.
3.19 You will forthwith report any and all winnings to the proper authorities if you reside in a jurisdiction where such winnings are taxable or are otherwise required by law to be disclosed, and the Company shall not, in anyway, be liable for your failure to do so.
3.20 You agree to fully indemnify, defend and hold the Company, and its officers, directors, employees, consultants, advisors, agents and suppliers harmless, immediately upon demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of your breach of any of the terms and conditions or the rules and regulations or any other liabilities arising out of your use of the Website or use by any other person accessing the Website using your Account Information details.
4. Account Information and Personal Information
4.1 To access the Company's betting services, you must first register on the Website and open an account.
4.3 You may open only one account, which must be in your own name, on the Website and with the Company. Any additional accounts that are opened will be closed by the Company. You agree that the Company shall use any method it deems reasonable to determine if two or more accounts belong to the same customer.
4.4 As a Registered Customer, you will choose your own username and password ("Account Access Information") which you will only use personally. It is your responsibility to ensure that the Account Access Information remains confidential at all times and you shall be fully responsible for any misuse and/or unauthorised disclosure of Account Access Information to any third party. If you are concerned that your Account Access Information has been made available, its security has been compromised or has been accessed by any third party, you must forthwith notify the Company immediately whereupon new Account Access Information. Any Bets or requests made online where the correct Account Access Information has been used will be considered valid and binding to you and the Company. Only after your notification to the Company that your Account Access Information has been compromised and the Company suspending the account will Bets or requests made online with the Account Access Information be deemed void.
4.5 The Company may require you to change your password or your Account Access Information from time to time or the Company may suspend your account if the Company has reason to believe that there is likely to be a breach of security or misuse of the Website.
4.6 You agree to deposit funds by our accepted deposit methods to your account with us in line with our procedures against which you shall be permitted to use our Services.
4.7 The payment method must be personal to you derived from your private funds and the account holder used to fund an account MUST be in the same name as used to register an account. We will not be held liable for use of third party payment methods. We reserve the right to close your account should we become aware of use of third party payment methods.
4.8 When depositing and withdrawing you may be required to provide all of the following as part of the authorisation and verification process:
- A compliant copy of both sides of the card showing the following details;
- i. Full name on the card
- ii. First six (6) and last four (4) digits of the card number
- iii. Expiry date
All other card details must be blanked out including the CVV2 (3-digit security number) that is situated on the right hand side of the signature strip on the back of the card.
4.9 To comply with the relevant money laundering and terrorist financing legislation, you may be required, at any time, to provide us with satisfactory evidence of identity and residence, authorisations to use certain funds, source of funds and/or source of wealth, and any other documents we reasonably require to satisfy regulatory obligations that apply to us. This includes, but is not limited to, a copy of a current photo identification document and proof of residential address, e.g. bank or credit card statement, utility bill (excluding mobile phone statement) which must not be more than 90 days old.
4.10 To maintain a high level of security to protect customer funds, the Company may perform random security checks. You hereby accept that the Company maintains the right to demand additional information and/or documentation from you in order to verify your identity as the account holder for the purpose of such security check.
4.11 You should check your account balance each time you access the Website. In the event of any discrepancies in your account balance, it is your responsibility to forthwith notify the Company at the earliest opportunity of such discrepancy in your account balance and provide the Company with your record of transactions since the date when you last verified your account balance. Should the Company not receive any notification of any such discrepancies in your account balance for a particular month within thirty (30) calendar days from the last day of the said month, you agree to forfeit any and all claims for any discrepancies in your account balance and accept all information in your account at the end of the said period.
4.12 You may withdraw funds from your account at any time providing all payments have been confirmed.
4.13 Due to card scheme rules and anti money laundering regulations, wherever possible withdrawals will be paid back to the depositing method. If this is not possible, the Company reserves the right to carry out additional security checks prior to approving withdrawal to an alternative method.
4.14 Multi card users must be aware that all card deposits and withdrawals must balance equally. The Company reserves the right to amend withdrawal amounts to each card.
4.15 Before any withdrawal can be made you must have deposited at least once with a chosen payment method, this includes withdrawal of any bonus funded winnings.
4.16 The Company will not charge you for any deposits or withdrawals made to your account. However, please be aware that some credit card issuers consider betting transactions as cash advance payments and may impose a charge on related deposit transactions.
4.17 The Company reserves the right to close or suspend your account with the Company and to either refund or withhold the balance of that said account, at the Company's sole discretion, if there is breach of any terms and conditions or if you do no provide requested documents. We reserve the right to request proof of identity and residence from you at any time as well as other documents we reasonably require to satisfy regulatory obligations that apply to us. Further, the Company reserves the right to retain any funds remaining in your account as a guarantee of your obligations hereunder and/or any liability arising from the said breach of these. In this event, however, pending Bets will be honored, provided always that you have properly placed the Bets in accordance with these terms and conditions.
4.18 You may cancel your account with the Company at any time by written notification to the Company at firstname.lastname@example.org. If you decide to cancel your account with the Company, you must stop using the Website immediately. It may take up to 72 hours to cancel your account upon receipt of your cancellation request. Only after confirmation by the Company that your Account has been cancelled will Bets or requests made online with the Account be deemed void. You will continue to be liable for any activity on your Account until such confirmation of Account cancellation from the Company.
4.19 It is your responsibility to actively maintain your account with the Company. To maintain an active account, you are required to log into your account at least once in any 12-month period. If no such activity is recorded, your account will be categorised as a Dormant Account. The Company will attempt to contact you using the registered details provided to the Company by methods such as telephone, e-mail or written letter following your account becoming dormant. If we have not established contact with you by such means and your account is not re-activated within 30 days after it was categorised as a Dormant Account, a monthly administrative fee of £5 (or equivalent in other currencies) will be applied and set-off against your account balance. The monthly fee shall continue to be applied (i) until your account is re-activated; or (ii) until your account balance reaches less than £5 (or equivalent in other currencies); or (iii) up to three (3) years, whichever occurs first. If your account remains dormant after three (3) years, the Company reserves the right to transfer any and all funds remaining in your Dormant Account as a donation to nominated charity(ies) and good causes as chosen by the Company, and to close your account. Both actions are irreversible, including application of the administrative fees, and you agree to forfeit any remaining balance in your Dormant Account and all claims against the Company.
5. Terms of Bet Acceptance
5.1 The Company will only accept Bets from Registered Customers made online via the Website.
5.2 You are only deemed to have placed a Bet if you are a Registered Customer at the Website, and your Bet is deemed to be placed from the jurisdiction of the Internet Protocol Address recorded by the Company from where you are accessing the Website. A Bet is deemed accepted only when it has been accepted and recorded by the Company's gaming server in the jurisdiction where the Company's gaming server is located. The Company will notify you through the Website when such Bet has been accepted and recorded by the Company in accordance with the above. A Bet is deemed completed when accepted and recorded in the jurisdiction where the Company's gaming server is located and you have been notified of said acceptance and recording, all in accordance to these terms and conditions.
5.3 When you have successfully placed a Bet on the Website, you will receive an electronic acknowledgement (notice), which is confirmation of acceptance and record of the Bet by the Company.
5.4 A Bet will be deemed void if it is not transmitted in full, including but not limited to, instances where the bet transmission has been disrupted or interrupted due to technical problems.
5.5 You will not be allowed to cancel or change your Bets once these Bets have been placed, accepted and recorded by the Company, and the Company is under no obligation to cancel Bets that have been validly placed, accepted and recorded in accordance with these terms and conditions. If there is any dispute relating to the placement of a Bet, you should notify the Company before the finalisation of the acceptance of such Bets and/or before the event on which the Bet has been placed occurs. The Company shall investigate such disputes accordingly and resolve them reasonably in its sole and reasonable discretion.
5.6 For the protection of your interest and that of the Company, all electronic transactions will be recorded by the Company. When a dispute occurs, which cannot be resolved by the Company's management, the relevant recording(s) may be used as evidence in such a dispute.
5.7 In the event of a complaint or dispute, please contact us at email@example.com and we will endeavour to resolve the matter fairly and efficiently. You may request for the matter to be escalated and reviewed by a manager if you are not satisfied with the initial resolution. Calls to and from our Customer Care department may be recorded for security and quality control purposes. If we are unable to resolve the matter, you may refer it to the Isle of Man Gambling Supervision Commission by completing the online complaints form which is accessible from here.
5.8 The Company reserves the right to suspend or prohibit betting at any time without prior notice to you at the Company's sole and absolute discretion. When a market is suspended or access to it prohibited, any attempted Bets entered thereafter will be rejected.
5.9 The Company reserves the right, at its sole and absolute discretion and without explanation to you, to refuse any Bet or part of any Bet, and/or to suspend or close an account at any time for any reason, if it has reasonable belief that continued use of the account would create damage or loss of any kind to you or to the Company due to continued breach of the Rules and Regulations. In this case, we will endeavour to process any refunds of money owed to you within 72 hours subject to their being no contrary provision in the Rules and Regulations i.e. suspected fraud or money laundering. You may be required, in any such circumstances, to provide us with satisfactory evidence of identity and residence, and any other documents we reasonably require to satisfy regulatory obligations that apply to us before a refund is processed.
5.10 The Company shall use reasonable endeavours to prevent, and does not accept any responsibility for, the failure in any equipment or telecommunication that prevents the correct placing, accepting, recording or notification of Bets. In the event that a Bet is already placed then the Bet and any winnings or losses will be voided and stakes returned.
5.11 The Company shall not, in any event, be liable for any damages or losses that are deemed or alleged to have resulted from or been caused by the Website or its content, including but without limitation to, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Website or its content, or any errors or omissions in content in relation thereto.
5.12 Bets will be accepted up to the advertised deadline for any given event. Such deadlines are deemed to be incorporated by reference into these terms and conditions and which you have agreed to. If a Bet is inadvertently accepted after its deadline, the Bet shall be deemed void and the Company reserves the right to void any such Bet.
5.13 Bets placed by credit or debit card do not become valid until the Company (or its Authorised Payment Solutions) has received payment in full, subject always to Clause 4.1 above. In the event that you have placed a Bet prior to payment in full, such Bet shall be automatically voided.
5.14 Your account must have a positive funds balance which is equivalent to or more than the bet amount for you to be able to place Bets, failing which it will not be allowed.
5.15 The Company reserves the right, at its reasonable discretion, to void any Bet or winnings, and/or to suspend payment out of your account pending a full investigation (including providing details to the relevant law enforcement agency and regulator where appropriate) where we suspect that funds may have been deposited, and are attempted to be withdrawn, by you for the purposes of or in connection with money laundering, terrorist funding, match fixing, fraud or any other illegal purpose. Full repayment of the monies in your account will be made to you where the investigation reveals no evidence of money laundering, terrorist funding, match fixing, fraud or other illegal purpose.
5.16 You acknowledge and agree that your Account with the Company is not a bank account. Any monies deposited with the Company in your Account shall not attract any interest. The Company will deposit your funds in a client account established in accordance with the provisions of the Isle of Man Online Gambling (Participants’ Money) Regulations 2010 as amended, an account which is created for the purpose of holding participants’ money and is segregated from any account holding money which is not participants’ money. This means that your funds are protected in the event of our insolvency.
6. The Company Conduct and Limitation of Liability
6.1 Winnings will be credited to your account following confirmation of the final result from the relevant, official source
6.2 The Legitimate Winnings payable by us to any Player are set out in the General Sports Rules.
6.3 Should funds be credited to or debited from your account in error, it is your responsibility to notify the Company of the error without delay. Any sums credited to you due to the error will be deemed invalid and must be returned to the Company. You may not withdraw or place Bets using funds credited to your account in error and the Company reserves the right to claw back all such funds withdrawn, and to void any transaction (including Bets) associated with such funds. You hereby agree to return any erroneously credited funds that you may have withdrawn, and/or winnings from Bets placed using such erroneously credited funds.
6.4 The Company will not be held responsible for any typographical, technical, or human error in the recording of results. In the event of error, the Company reserves the right, at its sole discretion, to either void any affected Bets at any time or to correct the error.
6.5 You agree that the use of the Website and the Software is at your own risk.
6.6 The Company shall use reasonable endeavours to ensure there are no errors, inaccuracies or ambiguity on the Website and contents, and we will not, under any circumstances, be held liable in equity, contract, tort, negligence, or otherwise (or any theory of law) for any damages or losses whether direct, indirect or any other nature, without limitation, that are deemed or alleged to have resulted from or been caused by the Website or its content including, but without limitation to, errors, inaccuracies or ambiguity in the Website or its contents, failures, malfunctions, delays or interruptions in operation or transmission, communication line failure, any persons, use or misuse of the Website or its content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss or damage (even where you have notified the Company of the possibility of such loss or damage).
6.7 The exclusions in Clause 6.6 above will apply to the fullest extent permissible at law, but the Company does not exclude liability for:
- 6.7.1 death or personal injury caused by its own negligence, its officers, employees, contractors or agents;
- 6.7.2 fraud or fraudulent misrepresentation; or
- 6.7.3 any other liability which may not be excluded by law.
6.8 The Company will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control, (“Force Majeure Event”). These events include (without limitations) the following: war, strike, riot, crime, or an event described by the legal term act of God (hurricane, flood, earthquake, volcanic eruption, delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system, the acts, decrees, legislation, regulations or restrictions of any government or regulator or failure of any telecommunications system.
6.9 The Company reserves the right to withdraw the Website or elements of the Website at any time, and save for any rights that you may have over funds in your account, the Company will not be liable to you in any other way as a result of any such action.
6.10 The Company reserves the right to transfer, assign or sub-license this Agreement, in whole or in part, to any person without the requirement of obtaining your consent but will use reasonable endeavors to notify you at the earliest opportunity.
6.11 If any court or competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part- provision shall, to the extent required, be deemed to be deleted and the validity and enforceability of the other provision of this Agreement shall not be affected.
6.12 The failure or delay by us at any time in enforcing any right or remedy under these Terms and Conditions shall not be construed as a waiver of any future or other exercise of such right or remedy.
7. Use of the Website
7.1 Without limiting its ability to seek alternative remedies, the Company may, in its sole and absolute discretion, restrict your ability to use the Website, suspend or terminate your account, void any Bets, forfeit or withhold funds, if the Company has reason to believe or suspect that your dealings with the Company constitute fraudulent activity, wrongdoings or are related to money laundering. You acknowledge that if your use of the Website is in breach of any local or national laws, such as but not limited to, fraud or money laundering, any payments you make with or by the Company may be liable to forfeiture or may be frozen by the Company. To the extent permitted by law, the Company shall not be liable to you for any such payments, nor shall it incur any liability to you where the Company is required to give relevant information or documentation to any regulatory or enforcement authority(ies).
7.2 The Company reserves the right to void any and all Bets made by, and/or withhold payments payable to, any person, group of persons or legal entities acting in concert or as a syndicate to defraud the Company, pending the outcome of any investigation by the proper authorities.
7.3 You agree to indemnify the Company, its directors, employees, shareholders, consultants and advisors for all losses and damages suffered by it as a result of fraud, wrongdoing and/or any money laundering activity associated with you and/or your account with the Company. The withholding and forfeiture, and claims for losses and damages will extend to any and all customers who are involved and/or whom the Company believes to be involved in such fraud and wrongdoings.
7.4 "Wrongdoings" and/or "fraud" shall include but not be limited to attempts to circumvent these Terms and Conditions, Rules and Regulations, single account per player requirement, betting limits, hacking, unauthorised use of Account Access Information, Account or third party accounts; attempts to circumvent or bypass any security mechanisms available on the Website or the Company's systems or networks; wrongfully, deliberately or knowingly transfer funds from a third party's account or funds not lawfully owned; any act or omission through the use of the Website or Services causing any harm to the Company or to any third party; provision of false Personal Information (including fake or fraudulent documentation) and any other actions and/or omissions which the Company reasonably deems to be fraudulent and/or a wrongdoing/s.
7.5 Links to third party websites provided on this Website are solely as a convenience to you. If you use these links, you will be directed to those websites and your use of those websites will be governed by Terms and Conditions applicable to those websites.
7.6 You are strictly prohibited from holding a Player Account with us and/or participating in bonuses and promotions if: (i) you are an employee or contractor of the Company, (ii) your employment with the Company ceased less than six (6) months ago; (iii) you are an immediate family member of an employee or contractor of the Company; or (iv) you are an immediate family member of a former employee or contractor of the Company whose employment ceased less than six (6) months ago. Immediate family members shall include, but not limited to, spouse, children, parents, siblings, grandparents and grandchildren.
8.1 The Company hereby grants you a personal, non-exclusive and non-transferrable right to use the Software required for the use of the Website (the “Software”) for participation in the Services provided by us subject to you not being permitted to:
- a. install or load the Software onto a network server 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;
- b. sub-license, assign, rent, lease, loan or transfer ), the license to use the Software or make a copy (except for the purposes of back-up) or distribute copies of the Software;
- c. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software, other than as permitted by law;
- d. copy or translate any user documentation provided 'online' or in electronic format, other than as permitted by law;
- e. 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;
- f. enter, access or attempt to enter or access or otherwise bypass the security system or interfere in any way (including but not limited to, robots and similar devices) with the Software or the Website or attempt to make any changes to the Software and/or any features or components thereof
8.2 You do not own the Software. Your use of the Software does not give you ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the license to use the Software.
8.3 The Software is provided as is without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. We hereby exclude all implied terms, conditions and warranties (including any of the merchantability, satisfactory quality and fitness for any particular purpose) and we do not warrant that the Software will meet your requirements.
8.4 The Company does not warrant that the Software will be non-infringing or that the operation of the Software will be error-free or uninterrupted or that any defects in the Software will be corrected, or that the Software or the servers are virus-free. In the event of communication 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 be liable to you or any third party for any costs, expenses, losses or claims arising resulting from such errors. The Company further reserves the right in the event of such errors to remove all relevant games from the Software and the Website, and to take any other action necessary to correct such errors.
8.5 In any event the Company shall not be liable for any costs, damages, claims, expenses or losses suffered by you as a result of any of the events anticipated in Clause 8.4 above or any other Clause in this Agreement which exceeds your average monthly account balance based upon your betting activities in the last 12 months.
8.6 You hereby acknowledge that it is not in the Company’s control how you use the Software. You load and use the Software at your own risk and in no event shall the Company be held liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
8.7 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 the terms of this Agreement.
8.8 You agree to fully pay any and all payments due to the Company or any third party in connection with the use of the Website. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event, you will refund and compensate the Company for such unpaid payments including any expenses incurred by the Company in the process of collecting your payment.
8.9 The Company reserves the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the rightful person. For this purpose, the Company further reserves the right, at our sole discretion, to require you to provide us with a notarised copy of the appropriate identification and proof of address document, and any other document we reasonably deem appropriate and/or relevant.
8.10 In the event that the Company suspects fraud or fraudulent activity on your part or any of your payments are charged back, the Company reserves the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you. You agree to reimburse the Company all expenses incurred by the Company associated with its collection of payments owed by you.
8.11 The Company reserves the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are taking unfair advantage, or are abusing or attempting to abuse any of the following: (i) bonuses; (ii) promotions; or (iii) specific policy or rules in respect of an existing game or a new game, as set out in the General Promotional Terms and Conditions.
9.2 You agree to be bound by the Rules and Regulations, which are hereby incorporated into these Terms and Conditions.
10. Applicable Law and Jurisdiction
10.1 The construction, validity and performance of this agreement will be governed by the laws of the Isle of Man and subject to the exclusive jurisdiction of the Isle of Man courts. However, this shall not prevent the Company from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
10.2 The English language version of this Agreement will prevail over any other language version issued by the Company.
10.3 Under the Isle of Man Online Gambling Regulation Act 2001, online gambling debts are enforceable in the Isle of Man.
11. Responsible Gaming
11.1 The Company is committed to responsible gaming. As part of our responsible gaming policy, you may at any time limit your play or exclude yourself totally from the Website if you have concern about your gambling activity. You may:
- set maximum deposit limits; and/or
- exclude yourself from playing altogether temporarily or permanently
11.2 You may exclude yourself from access to this Website for a period of twenty-four (24) hours, one (1) Week, one (1) month, six (6) months, one (1) year, or permanently by contacting us. Once your account is self-excluded, you will be prohibited from using your account. Any request to remove self-exclusion applied or to open a new account during the exclusion period will be declined without exception. The Company will use all reasonable measures to return funds held in your account to you and to ensure you do not receive any marketing communication during the exclusion period. We also reserve the right to notify our affiliates and any other similar service providers (if any) as a means of preventing marketing communication being sent to you during the exclusion period. Any running Bets placed prior to self-exclusion applied will continue to be in place and winnings (if any) will be returned to you as soon as the event is settled. Your self-excluded account can only be re-opened strictly upon your request following expiry of the exclusion period, wherein your account will be re-opened after a 24-hour cooling off period. If you have applied permanent exclusion, your account will be excluded permanently and re-opening will not be possible. The Company reserves the right to exclude you for a longer period at our discretion. Self-exclusion applied on your account on this Website does not automatically apply on, or extend to, any other SportPesa account(s) that you may have registered via other SportPesa website(s).
11.3 You may also apply a maximum deposit limit on your account over a period of seven (7) days. Your maximum limit can be increased or removed, subject to a 24-hour cooling off period. A reduction in limit, however, will be effected immediately.
11.4 Full details of the Company’s responsible gambling policy can be viewed here.
You understand and agree that, without prejudice to other rights and remedies (including the referral to an agreed dispute resolution process), the Company’s records and subsequent management decision may be used in determining the terms of your participation, the activity resulting therefrom and the circumstances in which they occur. Any disputes can be raised in accordance with Clause 5.7 above.