Betpesa Gaming
TERMS & CONDITIONS
Betpesa (the “Website”) is a site operated and owned by Betpesa Gaming. All games offered on the Website are provided and regulated by Betpesa Gaming. In order to place tickets with or for KES, you will need to open an account with Betpesa Gaming. By using and/or visiting any part, page or section of the Website, and/or opening an account with Betpesa Gaming, you agree to be bound by these Terms and Conditions and are deemed to have accepted and understood all of the Terms and Conditions.
1.1. These Terms and Conditions may be presented in various languages other than English for reference only. In the event of any differences or conflict between the English version of the Terms and Conditions (accessible from the homepage of the Website) and a version in any other language, the English version shall prevail.
AGREEMENT
2.1. By using the Website and/or opening an account with Betpesa Gaming you are agreeing to these Terms and Conditions and you agree to comply with them. You are bound by these Terms and Conditions and by our Sportsbook Rules and Privacy Policy that are hereby incorporated by reference into these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
2.2. We may make amendments to these Terms and Conditions from time to time. We may take appropriate steps to bring such changes to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the amended terms and conditions) but it shall be your sole responsibility each time you use the Website to check for any amendments, updates and/or modifications. Your continued use of the Betpesa Gaming services and Website after any such amendment to the Terms and Conditions will be deemed to be your acceptance and agreement to be bound by of such amendments, updates and/or modification to these Terms and Conditions.
2.3. If you do not agree with any of these Terms and Conditions, including any document incorporated by reference, you must not use the Website or attempt to register with Betpesa Gaming.
2.4 The Website is made available free of charge.
2.5 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2.6 You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
2.7 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
By agreeing to these Terms and Conditions, you hereby represent and warrant that:
2.8 You are over (a) 18 or (b) such other legal age or age of majority as determined by any laws which are applicable to you, whichever age is greater.
2.9 You have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity.
2.10 You understand that by using our services you may lose KES on tickets placed, poker and casino games and accept that you are fully responsible for any such loss.
2.11 You will not use our services while located in any jurisdiction that prohibits the placing and/or accepting of tickets denominated in KES online, and/or playing casino and/or poker games for and/or with KES.
2.12 You are permitted in the jurisdiction in which you are located to use online sports betting, casino and poker services.
2.13 You are not depositing KES which originates from criminal and/or other illegal and/or unauthorized activities and/or intending to use your account in connection with such activities and that you shall not use and/or allow other persons to use the services provided by us and your account for any criminal and/or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us.
2.14 You will not use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of our services, any relevant device(s), software, the Website, the sportsbook and betting information or any transactions offered on the Website and in particular will not employ or make use of any artificial intelligence or other system (including machines, computers, software or any other automated systems) designed specifically to defeat the Betpesa Gaming systems and will not collude or attempt to collude with other players in order to defraud Betpesa Sports or its customers. The result of any of the above activities mentioned will result in all tickets being void and accounts permanently blocked.
2.15 You are not an officer, director, employee, consultant, affiliate or agent of Betpesa Gaming or working for any company related to Betpesa Gaming, or a relative or spouse of any of the foregoing.
2.16 You are not diagnosed or classified as a compulsive or problem gambler or consider yourself to be the same.
PRIVACY
3.1 Information that you provide to us will be kept confidential and otherwise processed in accordance with our Privacy Policy (accessible on our Website).
3.2 By agreeing to these Terms and Conditions, you agree that you have read, understood and agree to be bound by our Privacy Policy, available on the Website.
PRIVACY
4.1 Before you are able to start playing on the Website, we will require you to first register with us.
4.2 We do not accept registration from persons resident in jurisdictions that prohibit you from participating in online sports betting, gambling, gaming, and/or games of skill, for and/or with KES.
4.3 You agree that at all times when using the Website, including making requests for withdrawal or transfers of funds, you are not physically located in any of the following countries:
4.4 We reserve the right to conduct such checks at any time as we deem necessary to verify our compliance with clause 4.3.
4.5 You agree to provide complete and accurate registration information to us. You agree to inform us promptly, in writing, of any changes to such information.
4.6 You authorize us to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
4.7 Registration will be conducted using secure server encryption.
4.8 You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any ticket you have placed. We reserve the right to declare null and void any tickets that are the subject of such an error.
4.9 We reserve the right to apply a handling charge of up to 5% on deposits and withdrawals to cover transaction costs.
4.10 We reserve the right to suspend player accounts that have been inactive for more than 12 months. If your account has been suspended, please contact [email protected] for instructions on how to reactivate your account.
4.11 Only one account per customer/IP/household is allowed. If you attempt and/or successfully open more than one account, all of your accounts may be blocked, suspended or closed and any KES credited to your account frozen.
4.12 Account registration from .edu email addresses is prohibited.
SECURITY
5.1 If you register with us via the Website, upon completion of registration, we will confirm by email to the email address you have supplied that your account is open.
5.2 On registration via the Website, you will be required to choose a password for use on the Website.
5.3 You agree to keep your password confidential and that you are responsible for any misuse of your password. You must not disclose your account details or password to any third party. Any losses suffered due to a third party using your account will not be refunded by us and further you shall have full responsibility for any third party using your account details and shall hold us harmless in respect of any damages arising.
5.4 You agree to inform us at once by email if you know or believe that your account information is being misused by a third party so that we may suspend your account.
5.5 We recommend that you disable any automatic password memory in your browser prior to use. This will help to limit the risk of unauthorised use of your account.
5.6 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 these Terms and Conditions.
FUNDS
6.1 We accept KES only.
6.2 The details you will need to make your deposits are available on the Website in the My Account and Deposit pages.
6.3 We do not extend credit for the use of our services.
6.4 Betpesa Gaming is not a banking institution. You will not be paid interest on any outstanding account balances.
6.5 Should your account become overdrawn due to a duplicate payment error, for example, if a withdrawal request being processed twice for whatever reason, you agree to fully reimburse Betpesa Gaming for any such overdrawn amounts.
6.6 We reserve the right to deduct any incurred costs for deposits from any amount of KES that you withdraw, if such costs exceed the net revenue generated by you from the date upon which you first deposit KES with us.
6.7 Our calculations of your Account Balance, Bonus Balance and amounts owed by you under these Terms and Conditions will be final and, in the absence of any manifest error, will not be subject to any enquiry or investigation.
6.8 We reserve the right to close your account and to refund to you the Account Balance at our sole and absolute discretion and without any obligation to state a reason or give prior notice.
CLIENT ACCOUNT MANAGEMENT
7.1 All winnings will be held for the use of your account following confirmation of the relevant result.
7.2 Any amounts which are mistakenly credited as winnings to your account remain the property of Betpesa Gaming and will automatically be transferred from your account upon the error being detected. Any winnings mistakenly credited to your account yet withdrawn by you will constitute a debt owed by you to Betpesa Gaming in the amount of such wrongfully attributed winnings.
7.3 You may withdraw any amount up to the Account Balance in your account by issuing us with a valid notice of withdrawal in the manner specified in the My Account page of our Website.
7.4 It is possible to deposit or withdraw only KES from your account. We do not accept any other form of consideration.
7.5 Unless announced specifically, Betpesa Gaming does not support forked protocols, coins or tokens which supplement or interact with currencies which we support. You should not use your Betpesa Gaming account to attempt to receive, request, send, store, or engage in any type of transaction related to a fork. currencies may be subject to sudden changes in operating rules due to forks, and such forks may materially affect the function, value and/or the name of the KES you store in your Betpesa Gaming wallet. Where possible, we may provide you with notices or alerts on forks, and you must read such notices or alerts received from us in order that you may consider how to deal with upcoming forks. However, it is your sole responsibility to make yourself aware of and consider how to deal with forks. In the event of a fork, there is a risk that we may be required to temporarily suspend operations related to that fork without providing notice to you in advance. We reserve the right to decline support for either or both branches of a fork. You acknowledge the risks associated with forks and you accept that Betpesa Gaming bears no responsibility to assist you to sell or move a branch of a forked protocol.
7.6 We will not accept withdrawal requests made otherwise than via the facilities provided in the My Account pages of the Website. Our employees and any agents are not authorised to effect movements of KES in any other manner.
7.7 Payment of any taxes, fees, charges or levies that may apply to your winnings under any applicable laws shall be your sole responsibility.
7.8 Your winnings from settled tickets are credited to your account and may be withdrawn in accordance with our withdrawal policy and you may be required to provide additional identification documents for verification
BONUSES
8.1 Betpesa Gaming reserves the right to cancel any bonus or bonus program (including, but not limited to deposit bonuses, reload bonuses and loyalty program) with immediate effect if we believe the bonus has been set up incorrectly or is being abused, and if said bonus has been paid out then we reserve the right to decline any withdrawal request and to deduct such amount from your account. Whether or not a bonus is deemed to be set up incorrectly or abused shall be determined solely at the discretion of Betpesa Gaming.
GENERAL BETTING RULES
9.1 A ticket can only be placed by a registered account holder.
9.2 A ticket can only be placed over the internet.
9.3 You can only place a ticket if you have sufficient KES in your account with Betpesa Sports.
9.4 The ticket, once concluded, will be governed by the version of the Terms and Conditions valid and available on the Website at the time of the ticket being accepted.
9.5 Any pay-out of a winning ticket is credited to your account, consisting of the stake multiplied by the odds at which the ticket was placed.
9.6 Betpesa Gaming reserves the right to adjust a ticket pay-out credited to a Betpesa Gaming account if it is determined by Betpesa Gaming in its sole discretion that such pay-out has been credited due to an error.
9.7 If the odds for a pre-live market move in your favour between the time that a ticket on that market is submitted and the time that it is accepted by Betpesa Gaming, the ticket will be accepted at the odds that are more favourable to you.
9.8 A ticket, which has been placed and accepted, cannot be amended, withdrawn or cancelled by you.
9.9 The list of all the tickets, their status and details are available to you on the Website.
9.10 When you place a ticket you acknowledge that you have read and understood in full all of these Terms and Conditions and Sportsbook Rules regarding the ticket as stated on the Website.
9.11 Betpesa Gaming manages your account, calculates the available funds, the pending funds, the betting funds as well as the amount of the winnings. Unless proven otherwise, these amounts are considered as final and are deemed to be accurate.
9.12 You are fully responsible for the tickets placed.
9.13 Winnings will be paid into your account after the final result is confirmed by the official governing authority of such sport or competition. However, Betpesa Gaming reserves the right to set aside any winnings should there be any investigation resulting from any suspicion of criminal activities that may have affected the result. If an irregularity is confirmed, Betpesa Sports retains the right to void any related tickets.
9.14 Should Betpesa Gaming become aware that you have placed a number of tickets from different accounts you have irregularly opened, all tickets will be voidable at the unfettered discretion of Betpesa Sports. Betpesa Gaming retains the right to take further action as it deems necessary.
9.15 If tickets, which exceed the stated maximum ticket amounts, are erroneously accepted by Betpesa Sports, the excess amount will be disregarded and the ticket amount placed will be revised accordingly and the difference paid back to you.
9.16 You hereby confirm that you are not part of a betting syndicate where several parties are involved in placing tickets in order to evade the Sportsbook Rules, these Terms and Conditions or any other rules of Betpesa Gaming.
9.17 Unless otherwise stated, all tickets on Betpesa Gaming are settled according to the full time result of a match declared by the official governing body of such sport or activity.
9.18 Statistics, live scores, live betting or editorial text published on the Betpesa Gaming site is added information and Betpesa Gaming does not acknowledge or accept any liability whatsoever if the information is incorrect. It is your responsibility to be aware about all circumstances relating to an event and to independently verify all information published on the Website.
9.19 If a match does not start on the scheduled starting date or starts but is later postponed and/or abandoned and is not completed (resumed) by the end of the next calendar date, all tickets will be void except for any tickets placed on markets which have been unconditionally determined, which will stand. Some markets have different rules and these are listed under each sport/market on the Website.
9.20 Betpesa Gaming reserves the right to declare a ticket void, totally or partially, if it is obvious that:
9.21 All results posted shall be final after 72 hours and no queries will be entertained after that period of time. Within 72 hours after results are posted,. The company will only reset/correct the results due to human error, system error or mistakes made by the referring results source.
9.22 If a ticket / event is declared void, it will be evaluated as “won” at odds 1.0, which means it is still possible to win or lose depending on the remaining tickets.
9.23 Betpesa Gaming reserves the right to adopt special rules, applicable for particular matches or events that may be contradictory to the Sportsbook Rules. Such special rules may be published in conjunction with published odds for particular matches and/or events.
9.24 Communication errors do occasionally happen. The way our system works is that the ticket is confirmed only when it is received on our servers. Should there be a break in communication after you place your ticket and it has been received on our servers it will still participate in the active game. You will be informed whether you have won or lost once communication is re-established. If the ticket is not received on our servers then it will not participate and the ticket amount will not be taken from your account.
9.25 If you are unsatisfied with any matter relating to a ticket with Betpesa Gaming, please notify Betpesa Gaming within 30 days after the transaction has occurred. Notification made after such 30 day period will be disregarded. Such a notification shall be made in writing. In the unlikely event of a discrepancy between the result that appears on your device and the results in the transaction logs in our system, you agree that the results in our system’s transaction logs as certified by an officer of Betpesa Gaming shall be final, conclusive and binding.
9.26 You confirm and accept that you will be adequately informed of your possible KES exposure by the details provided on the online betting confirmation issued by us (if you are in any doubt about this, you should contact Betpesa Gaming support).
9.27 You accept that any KES lost under any ticket will not be under any circumstances be recoverable from Betpesa Gaming.
CANCELLATIONS, SUSPENSIONS AND CLOSURE
10.1 Without restricting our ability to rely on other remedies that may be available to us, we may suspend and/or terminate your account or cancel any outstanding tickets at our absolute discretion if: (i) we suspect that you are engaging in illegal or fraudulent activity while using our Website; (ii) we suspect you are breaching any term of these Terms and Conditions; or (iii) we suspect you are acting in a manner that is detrimental to the conduct of our business.
10.2 Irrespective of whether we suspend and/or terminate an account and notwithstanding any other provisions in these Terms and Conditions, we may decide to cancel and void any outstanding tickets at our absolute discretion where (i) there is a technological failure, or (ii) you or another customer with whom you have ticket have breached any of these Terms and Conditions.
10.3 Betpesa Gaming reserves the right to close your account and refund the balance of your account without further explanation. Subject to any provision of these Terms and Conditions to the contrary, outstanding tickets will ordinarily be honored. Further, we retain the right to suspend the whole or any part of the service for any reason at our sole discretion and in such event we may but shall not be obliged to give you any notice, however, we shall endeavor to provide you with such notice as we deem practicable.
APPLICABLE THRESHOLDS: MINIMUM AND MAXIMUM AMOUNTS
11.1 You may only place tickets with a minimum stake of 0.5 KES in odds betting. In some cases, the minimum may be higher.
11.2 The maximum stake is dependent on the amount Betpesa Gaming accepts at the time of your ticket. If a ticket amount is higher than the automatic acceptance level set out on the mini ticket list offered from time to time on the Website (such amount is subject to change without prior notice), such ticket will be manually reviewed and approved or declined and we reserve the right to decline any ticket that is being manually approved. Any ticket that has not been manually approved before the game has started is voided in full. You have the right to void any ticket that is subject to manual approval until such ticket has been accepted by Betpesa Gaming.
11.3 You may not place a ticket that exceeds the balance available in your account at the time of placing a ticket.
LIMITATIONS OF LIABILITY
12.1 Betpesa Gaming does not assume any liability for transmission, input and/or analysis errors. Betpesa Gaming, at its sole discretion, reserves the right to correct any obvious errors and mistakes concerning published odds and/or events/players/teams/etc. If not otherwise stated, such published odds and/or events/players/teams/etc will have odds of 1.00.
12.2 Under no circumstances will Betpesa Gaming be liable for any damage caused by any incorrect, delayed, or abusive transfer of data via the internet. Betpesa Gaming is permitted to commence any technologically reasonable action to protect customer information, but will not be liable and will not take responsibility if third parties obtain control of, any process, or user information despite such action. No claims for damages may be asserted against Betpesa Gaming, in any such circumstances.
12.3 Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
ROBOTS AND OTHER ARTIFICIAL INTELLIGENCE SYSTEMS
13.1 You may not use any automated software and/or computer system in direct, or indirect conjunction with the services provided by Betpesa Gaming, including the performance of actions such as sending information from your computer to another computer with installed and active software and/or systems designed to provide you with an unfair advantage.
13.2 Any Poker robots or software developed and designed to play automatically at Betpesa Gaming poker may not be used.
13.3 If you contravene, or we reasonably suspect you of contravening, the provisions of clauses 13.1 –
we may at our absolute discretion void all your tickets and permanently block your account.
FORCE MAJEURE
14.1 Any failure or delay in performance by Betpesa Gaming in respect of its obligations of service shall not be deemed a breach of its obligations to you as customer if such failure or delay is deemed by Betpesa Gaming to be caused by force majeure, which shall include but not be limited to flood, fire, earthquake, or any other element of nature, act of war, riots or terrorist attack, public utility electrical failure, lockouts and strikes, delays or disruptions of the Internet and telecommunications networks caused by human or nature factor, or any other such event beyond the reasonable control of Betpesa Gaming.
14.2 Betpesa Gaming will not accept any liability for any consequences arising out of any such force majeure events.
INTELLECTUAL PROPERTY
15.1 All content presented on the Website, including but not limited to text, logos, graphics, images, button icons and software is either owned or licensed by Betpesa Gaming. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, print and/or download any portions of material published on the Website unless expressly permitted in writing by Betpesa Gaming.
15.2 All trademarks presented on Betpesa Gaming web site, including, but not limited to trade names and other symbols are protected by international trademark laws. It is strictly prohibited to use them in any way without the prior written consent of Betpesa Gaming.
We are not responsible for viruses and you must not include them
16.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
16.3 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
COMPLAINTS PROCESS
17.1 If you have a complaint about the Website you should initially contact Customer Services through chat or email.
17.2 An advisor will log your call/message, investigate your enquiry and respond to it. If your concern is not resolved at this stage you can escalate the complaint or dispute by referring the matter in writing addressed to the Head of Customer Support, at: [email protected]
17.3 Once escalated to the Head of Customer Support, their response and decision will be the final stage of the internal process.
17.4 During the internal process all communications may be recorded. If the contents of these communications are disputed we will consult these records and they may be key to the ultimate decision.
17.5 We aim to provide you with a substantive response to your complaint as soon as practically possible and seek to resolve your complaint within eight weeks from the date we receive the complaint. Depending on the complexity of the complaint, our investigation may take longer than eight weeks to resolve. We will ensure that we write to you within eight weeks of the date we receive your complaint or dispute with either a final response or an update of the position explaining why we are not in a position to provide a final response, and when we expect to be in a position to do so.
17.6 Should there be any claim or dispute arising from past or current transactions please contact us. If we are unable to settle the dispute we will refer the dispute to an arbiter, such as Grand Comore Board(GCB), whose decision will be final, subject to full representation given to all parties involved.
17.7 The Head of Customer Support’s response represents the final stage of the internal complaints and disputes procedure. In the case of a dispute (but not a complaint) you will be notified that if you still remain dissatisfied with that decision you have the right to refer your dispute to our Alternative Dispute Resolution
APPENDICES
