GENERAL TERMS AND CONDITIONS AS AMENDED ON 28.02.2018
- APPLICABILITY OF AGREEMENTS
- LEGALITY OF USE OF THE FACILITIES
- TRUE IDENTITY AND ONE ACCOUNT
- NO GROUP EMPLOYEES, AFFILIATES, BOOKMAKERS, SPORTS PARTICIPANTS OR PROHIBITED PERSONS
- YOUR USE OF THE FACILITIES
- COPYRIGHT AND TRADEMARKS
- ELECTRONIC FACILITIES PROVIDER
- INACTIVE ACCOUNT FEES AND ABANDONMENT OF ACCOUNTS
- THIRD-PARTY CONTENT
- DISCLOSURE OF ACCOUNT NAME / USER ID AND PASSWORD
- FRAUDULENT ACTIVITIES, PROHIBITED TRANSACTIONS AND FAILED DEPOSITS
- SECURITY REVIEW
- FORFEITURE & ACCOUNT CLOSURE
- TERMINATION & FACILITIES CLOSURE
- LIMITATIONS AND EXCLUSIONS
- DATA PROTECTION
- GOVERNING LAW
- THIRD-PARTY RIGHTS
- ENTIRE AGREEMENT, MODIFICATION AND AMENDMENTS
- SPORTS BETTING FACILITIES
- GAMING FACILITIES
- MEMBERSHIP OF OUR VIP PROGRAMME
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCEPTING THESE AGREEMENTS, THEN PRINT THESE TERMS AND CONDITIONS AND STORE THEM ALONG WITH ALL CONFIRMATION EMAILS, SMS MESSAGES, ADDITIONAL TERMS, TRANSACTION DATA AND PAYMENT METHODS RELEVANT TO YOUR USE OF THE PLATFORMS AND/OR FACILITIES. WE WILL NOT FILE OUR CONTRACT WITH YOU SO PLEASE PRINT IT OUT FOR YOUR RECORDS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE (AS SET OUT BELOW).
You accept to be bound by this contract by clicking on 'Submit' or 'I Agree' and/or by using the Facilities (as that term is hereinafter defined). After You (as that term is hereinafter defined) click on 'Submit' or 'I Agree' or when You use the Facilities, a legally binding agreement on these Terms and Conditions is concluded between, (a) You, the end user ('You') and (b)Netbet(Pty) Ltd of Granger Bay Court, Beach Road, Cape Town. Netbet(Pty) Ltd is defined as 'We', 'Us' or 'Our' as appropriate.
Netbet(Pty) Ltd is licensed to accept bets under a Bookmakers and a Manufacturers License issued by the Western Cape Gambling and Racing Board. All bets are considered to be placed and received in the jurisdiction of South Africa in accordance with the terms of our bookmakers license.
We provide facilities at sportingbet.co.za and any other online or mobile platform provided by Us (each individual site being a 'Platform') on which You access Our Facilities, as defined below using Your Account.
Netbet(Pty) Ltd t/a sportingbet.co.za is an accountable institution and operated in compliance with the requirements of the Financial Intelligence Centre Act 2001 (″FICA″) which sets out, inter alia, requirements in relation to customer registration and identification, withdrawal and deposit procedures, wager and winnings limits. Where FICA or its associated regulations and instruments specify such procedures and/or limits then Facilities will be operated in accordance with such procedures and/or limits. Where FICA does not specify such aforementioned procedures and/or limits then We shall implement Our own procedures and/or limits (subject always to any applicable legislation and/or regulations) in accordance with good corporate governance and the promotion of socially responsible gambling. For further information on FICA please log on to www.fic.gov.za. Netbet(Pty) Ltd reserves the right to suspend any account that has not met FICA requirements.
In the event that You have any complaints, claims or disputes with regard to any outcome regarding the Facilities or any other activity performed by Us, You should in the first instance contact Us in accordance with Section 22 below.
IF THESE AGREEMENTS ARE TRANSLATED INTO ANOTHER LANGUAGE, THE ENGLISH LANGUAGE VERSION WILL PREVAIL IN THE EVENT OF ANY CONFLICT BETWEEN THE TRANSLATION AND THE ENGLISH LANGUAGE VERSION.
Please note that these Terms and Conditions shall prevail in the event of any conflict between these Terms and Conditions and any of the game rules or other documents referred to in these Terms and Conditions.
By clicking on 'Submit' or 'I Agree' and accepting these Terms and Conditions, You are also acknowledging and accepting these Agreements. Access to and use of Our Facilities are governed by these Agreements. If You have any questions about these Agreements, We would encourage You to seek independent legal advice.
The betting facilities are the sports betting facilities and any fixed odds, real event betting facilities provided by Us via sportingbet.co.za (together the 'Facilities').
If You are using or intending to use the Sports betting Facilities, You must do so in accordance with Section 28 of these Terms and Conditions which applies specifically to the Facilities.
By acknowledging that You have read these Agreements when You register to join and/or by clicking on the 'Submit' or 'I Agree' button when You install any of the software relating to the Facilities provided via the Platforms or when You register for Your Account, You agree to comply with these Agreements, and You acknowledge that Your failure to comply with these Agreements may result in disqualification, the closure of Your Account (hereafter as defined in Section 3 below), forfeiture of funds and/or legal action against You, as appropriate and as further specified in these Agreements. You acknowledge that if You accept these Agreements, We will start providing You with the benefit of the Facilities immediately. As a consequence of this, if You accept these Agreements when registering for Our Facilities, You will not later be able to cancel Your registration, although You can terminate these Agreements and close Your Account in accordance with Section 18 below.
Underage gambling is an offence. You may only use the Facilities if You are 18 years of age or over. We reserve the right to ask for proof of age from You and Your Account may be suspended until satisfactory proof of age is provided. You understand and accept that We are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Facilities. Without limitation to the above, access to Our Facilities may be restricted from certain territories. Any use of the Facilities is at Your sole option, discretion and risk in accordance with South African law. By using the Facilities, You acknowledge that You do not find the Facilities to be offensive, objectionable, unfair, or indecent in any way.
If We are unable to verify Your identity details within the first 72 hours after applying to open an Account and depositing funds, We reserve the right to void any transactions You make during that period and We may freeze Your Account. If We are unable to satisfactorily verify Your identity within a reasonable time-period, where the period of time shall be determined by Us at Our sole discretion, We reserve the right to close Your Account and we may withhold the account balance in Your Account until Our verification process is completed satisfactorily.
If, on completion of Our verification checks, You are shown to be underage, We reserve the right to void all transactions made whilst You were underage and We reserve the right to close Your Account.
To use the Facilities, You will first need to register for an account with Us. You may access any of Our Facilities from Your Account (as defined below).
There are no set-up charges for opening Your Account. We are not a bank and funds are not insured by any government agency. All payments to and from Your Account must be paid in the currencies available on the Services from time to time and shall not bear interest and You shall ensure that all payments into Your Account are from a payment source for which You are the named account holder.
To place a bet, You will be required to deposit funds into Your Account by any of the methods specified from time to time by Us. Such funds will be deposited into Your Account upon actual receipt of funds by Us and/or Our agents. Minimum and maximum limits may be applied to the payments into Your Account, depending upon Your history with Us, the method of deposit, and other factors as determined solely by Us. For further details of current deposit and withdrawal options and fees, please see our Payments FAQs. If permitted by Us, You may make transfers from Your Account to fund another player's Account solely for the purposes of using the Facilities and such transfers will be subject to FICA controls, the Inter-Account Transfer Terms (where applicable) and any other applicable terms and the restrictions on withdrawals therein.
You can request withdrawals from Your Account at any time provided all payments made have been received. We reserve the right to pay any requested withdrawal partly or in total. When using credit/debit card or an e-wallet to make a deposit, We may elect not to accept any withdrawal request within fourteen (14) days after the deposit.
To use certain Facilities You may first need to download and install software as provided on the relevant Platform.
The name on Your Account must match Your true and legal name and identity and the name on Your Account registration must match the name on the credit card(s) or other payment accounts used to deposit or receive monies into Your Account. You must also comply at all times with FICA requirements and your name must not be listed on the register if excluded persons referred to in section 14 of the National Gambling Act 2004. To verify Your identity, We reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent utility bill or bank statement) at any time. Failure to supply such documentation may result in suspension or closure of Your Account and We may withhold the account balance in Your Account until You supply such documentation and our verification process is completed satisfactorily. You may not hold more than one (1) Account in connection with Your use of the Platforms. If You have more than one (1) Account or Accounts in different names, then You must contact Us immediately to have Your Accounts managed so that You only have one (1) Account. We reserve the right to close Your Account(s) if You open multiple Accounts. Should We have reasonable grounds to believe that multiple Accounts have been opened with the intention to defraud the company, We reserve the right to cancel any transaction related to said fraud attempt. If You have lost Your Account name / User ID or password, please contact Us for a replacement.
If You are (i) an officer, director, employee, consultant or agent of Netbet (Pty) Ltd, SBT Software Operations SA (Pty) Ltd and Entain or one of its direct or indirect subsidiaries (the 'Group'); (ii) a supplier or vendor of the Group; (iii) a bookmaker or betting agent or a person otherwise involved in the creation, organisation or execution of an event on which We accept bets (including but not limited to sportspersons, athletes, officials, members of sports club and/or leagues), You are not permitted to register for an Account with Us or to use directly or indirectly any of the Facilities (each an 'Unauthorised Person'), other than in the course of Your employment as a Group employee. Similarly, relatives of Unauthorised Persons are not permitted to register with Us or to use directly or indirectly any of the Facilities. For these purposes, the term 'relative' shall include (but not be limited to) any of a spouse, partner, parent, child or sibling.
6. YOUR USE OF THE FACILITIES
In the interests of ensuring fairness, We may take any measures as we deem appropriate in order to create a fair and balanced environment.
Without prejudice to any of Your current and pending transactions involving Facilities, We reserve the right to suspend, modify, remove and/or add to any of the Facilities in Our sole discretion and to the extent permitted by law. We will not be liable for any such action.
We forbid the use of all unfair practices when using the Facilities. We do this to protect Our customers and the integrity of the Facilities. Please read Our Unfair Advantage Policy which is incorporated in these Agreements for further details and Our Anti-Cheating Policy at section 29.4. If any customer is found to be participating in any form of collusion or other activities that We consider to constitute cheating his or her account may be permanently closed and any balance may be at risk of forfeiture or withholding as per section 17 of these Terms and Conditions.
We forbid the posting of any prohibited Third-Party Content (as that term is hereinafter defined) on Our Platforms. Please read Our Third Party Content Policy which is incorporated in these Agreements for further details.
We reserve the right to suspend Your use of certain of our Facilities, Platforms or any games on Our Platforms from time to time.
No communications or information published on the Facilities is intended to constitute legal or tax advice and We accept no liability for any reliance on such content.
For the purpose of any reference to time in connection with your use of the Facilities, We use the timezone GMT +2 unless otherwise specified.
Your use of the Facilities is for Your personal use only. You may not use the Facilities for any commercial purpose.
We take Responsible Gaming seriously. If (i) You have been diagnosed with a gaming disorder or (ii) You are undergoing treatment for a gaming disorder, You are not allowed to use our Facilities. If You feel You have lost or may lose control over Your gaming or gamling expenses or feel at risk of losing control, You must notify Us immediately. Please also see the Responsible Gaming function available under the ServiceClose section of Your Account.
The terms 'Sportingbet SA', ‘sportingbet’, ‘Sportingbet’, and any other marks used by the Group are trademarks, service marks and/or trade names of the Group or one of its subsidiaries or associated companies or its licensors. Further, all other material used by the Group, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio, text (and any intellectual property rights in and to any of the same) is owned by the Group or one of its subsidiaries or associated group companies and/or licensors and is protected by copyright and/or other intellectual property rights. You obtain no rights in such copyright material or trade or service marks and must not use them without the Group's written permission.
In order to use the Facilities, You will be required to send money to and may be required to receive money from Us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. You irrevocably authorise Us, as necessary, to instruct such ESPs to handle Account deposits and withdrawals from Your Account and You irrevocably agree that We may give such instructions on Your behalf in accordance with Your requests as submitted using the relevant feature on Our Platforms. You agree to be bound by the Terms and Conditions of use of each applicable ESP. In the event of conflict between these Agreements and the ESP's Terms and Conditions, these Agreements shall prevail.
We may from time to time offer You complimentary or bonus amounts to be credited by Us into Your Account ('Bonus(es)'). Such Bonuses may only be used in relation to such Facilities as may be specified when the Bonus is offered to You. Acceptance of any Bonus shall be in accordance with additional Terms and Conditions We may make available to You in respect of each such Bonus offering and, if none, then in accordance with the Standard Promotional Terms and Conditions and bonus release restrictions contained in the relevant offer. Offers may be used only ONCE unless otherwise specified. You are not entitled to withdraw any Bonus amounts and You may not remove any cash obtained via a Bonus from Your Account without first complying with the applicable terms including, without limitation, in respect of any qualifiers or restrictions. In addition to any further applicable terms, You may only withdraw any funds obtained via a Bonus from Your Account when You have wagered a sum equivalent to five times the Bonus amount and five times the deposit amount that led to the Bonus amount at decimal odds of 1.7 or above.
Your account balance is the amount of real money held in Your Account (if any), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, less any other fees,Your account balance is the amount of real money held in Your Account (if any), plus any winnings (including bonuses which have not met the applicable wagering restrictions) and/or minus any losses accrued from using the Facilities, less any other fees, if applicable, less any applicable taxes including but not limited to those set out in Section 10.6, and less any amounts previously withdrawn by You or amounts forfeited or reclaimed by Us due to any known or suspected fraud or due to deposits or other transactions rejected or cancelled by Your bank or any relevant third-party bank (whether as a result of insufficient funds, charge-backs or otherwise), any Inactive Account Fees (see Section 11 below) or any sums which are otherwise deductible or forfeited under these Agreements ('Account Balance').
Acceptance of a withdrawal request is subject to You having made and sufficiently wagered a real-money deposit or non-restricted bonus in Your Account, accrued winnings, any deposit method restrictions, bonus restrictions and/or Security Reviews (see Section 16 below) and any other terms of these Agreements. All amounts You withdraw are subject to the transaction limits and withdrawal methods that We notify You of before withdrawing. For further details of current deposit and withdrawal options and fees please see our Payments FAQs.
Account facilities are provided to you solely to enable you to place bets or participate in our sports betting or live games. Players are allowed to withdraw if they deposit with the intention of converting at least a minimum of 100% of their initial deposit into winnings, before they can withdraw. If you, for whatever reason, appear to be depositing or withdrawing money without genuine play, you will be liable to have your withdrawal cancelled or your account suspended, and the circumstances investigated. This may result in a report to the necessary authorities (see our responsibilities under the anti-money laundering regulations) and/or the account being closed. If the value of a deposit is not played through in full before a withdrawal is requested, Sportingbet reserves the right not to process any withdrawal requested by you until that deposit has been played through in full.
You agree that the maximum amount that You may withdraw is one million Rand (R1,000,000) every 30 business days. All amounts larger than one million Rand (R1,000,000) will be paid every 30 business days until the full withdrawal amount is reached.
We may report and withhold any amount from Your winnings in order to comply with any applicable laws. All taxes due in connection with any winnings awarded to You are Your sole liability. Account balances cannot be transferred, substituted or redeemed for any other prize. Payment of funds which You withdraw shall be made by wire, credit card and/or any other manner which We select in Our sole discretion, although We will try to accommodate Your preferences as indicated by You when You register.
Payments will be made as soon as reasonably possible (subject to up to 2 business days internal processing time), although there may be delays due to any Security Review (see Section 16 below) undertaken by Us and save where We hold any such payments in accordance with these Agreements.
We are obliged by law to deduct betting tax at settlement and pay it to the relevant South African authorities on Your behalf. The current rates of tax (subject to change without prior notification) are as follows:
0% (zero percent) tax on all sports bets, including multiples made up solely of sports bets;
6% (six percent) tax on winnings of any horseracing bets (including multiples of horseracing bets). Please note that this 6% (six percent) tax is made up of 3% (three percent) betting tax and a 3% (three percent) horse racing levy; and
6% (six percent) tax on winnings of any multiple which includes a horseracing bet as part of the multiple.
If You do not access Your Account by 'logging on' to Your Account using Your Account name / User ID and password and either (i) place a cash wager or bet via the Facilities, every 30 business days, or (ii)make a deposit as applicable, for any consecutive period of 180 days, then after those 180 days (the 'Grace Period') Your Account (and any related account with any ESP) will be deemed 'Inactive'.
If Your Account is inactive (i.e. has not been logged into, has not had funds deposited in it or withdrawn from it, has not had a bet placed from it or has not had a bet settled within it) for longer than 12 consecutive months, You will forfeit the outstanding balance. Although We do not have an obligation to notify You that they have outstanding balances to collect, We shall however undertake adequate and proportionate efforts to return such balance to the appropriate account holder provided that the value of such withdrawal exceeds the sum of ZAR 100 (or currency equivalent).
12. THIRD PARTY CONTENT
Abusive or offensive language will not be tolerated on Our chat boards, or otherwise by You on the Platforms or with Group staff. In addition, You are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Group's operation in any media or forum.
In accordance with the terms of Our Third Party Content policy, We may reject or delete any text, files, images, photos, video, sounds, or any other materials ('Third-Party Content') posted by You on the Platforms which in Our sole opinion breaches the terms of these Agreements.
Any violation of this policy may result in removal of the Third Party Content, a suspension of Your use of the Facilities and/or such other action as may be reasonably required by Us to ensure compliance.
The Account name / User ID and password selected when You apply for membership should not be disclosed to any third party. You are solely responsible for the security of Your Account name / User ID and password.
You agree to keep Your Account name / User ID and password secret and confidential and not to allow anyone else to use it. Every person who identifies themselves by entering a correct Account name / User ID and password is assumed by Us to be the rightful Account holder and all transactions where the Account name / User ID and password have been entered correctly will be regarded as valid. In no event will We be liable for any loss You suffer as a result of any unauthorised use or misuse of Your log-in details. We shall not be required to maintain Account names / User IDs or passwords. If You have lost Your Account name / User ID, password or any log-in details, please contact Us for a replacement. If You misplace, forget, or lose Your Account name / User ID, password or other log-in details as a result of anything other than Our error, We shall not be liable to the extent permitted by law.
We have a zero tolerance policy towards inappropriate play and fraudulent activity. If, in Our sole determination, You are found to have cheated or attempted to defraud Us and/or the Group or any other user of any of the Facilities in any way, including but not limited to any manipulation or payment fraud, betting on all possible outcomes of a game or event or if We suspect You of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including but not limited to any chargeback or other reversal of a payment) or prohibited transaction (including but not limited to money laundering) or if Your deposits failed to be honoured by Your bank for any reason, We reserve the right to suspend and/or close Your Account and recover bad debts using whichever method may lawfully be available to Us including, but not limited to, (i) debiting the amount owed by You from Your Account; and (ii) instructing third party collections agencies to collect the debt. This may have a detrimental impact on Your credit rating and will require Us to share Your personal information (including Your identity) with appropriate agencies and to report any criminal or suspicious activities to the appropriate authorities.
We reserve the right to void and withhold any or all winnings made by any person or group of persons and to void and withhold any Player Points gained by any person or group of persons where We have reasonable grounds to believe that said person or group of persons is acting or has acted in liaison in an attempt to defraud or damage Us and/or the Group and/or the Facilities and/or the Platforms in any way.
In the interests of data protection, security and avoidance of fraud We do not permit use of any communication channels included within the Facilities and/or the Platforms (including but not limited to dealer table chat boards) to offer or promote any offers, products and facilities (whether Yours or a third party's). You are expressly prohibited from posting information or contacting Our customers to offer or promote any offers, products or facilities.
In the event that We suspect there has been any match rigging, price rigging or other event manipulation, We reserve the right, in Our sole discretion, to (i) suspend the offering of any event or series of events in any of our markets; and (ii) delay and/or withhold payment on any event or series of events in any of our markets until the integrity of such event or series of events has been confirmed by the relevant sports federation.
In the event that the appropriate sports governing bodies confirm that active event manipulation has taken place on any event or series of events, We reserve the right, in our absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in Our reasonable opinion is connected to, acting in conjunction with or in any way involved with such individual.
You must inform Us as soon as You become aware of any errors with respect to Your Account or any calculations with respect to any bet or wager You have placed. In the event of such error or any system failure or game error (a divergence from the normal functioning of the game logic for whatever reason) that results in an error in any odds calculation, charges, fees, bonuses or payout, as applicable ('Error'), We will seek to place all parties directly affected by such Error in the position they were in before the Error occurred. We reserve the right to declare null and void any wagers or bets that were the subject of such Error and to take any money from Your Account relating to the relevant bets or wagers. If there are insufficient funds in Your Account, We may demand that You pay Us the relevant outstanding amount relating to these bets or wagers. In all circumstances whereby We (in Our sole discretion) determine an Error has been used to gain an unfair advantage, We reserve the right to consider this activity to be subject to Section 17 (Forfeiture & Account Closure) of these Terms and Conditions.
To maintain a high level of security and integrity in the system, We reserve the right to conduct a security review at any time to validate Your identity, age, the registration data provided by You, to verify Your use of the Facilities, including but not limited to Your compliance with these Agreements and the policies of the Group and Your financial transactions carried out via the Facilities for potential breach of these Agreements and of applicable law (a 'Security Review'). As such, You authorise Us and Our agents to make any inquiries of You and for Us to use and disclose to any third party We consider necessary to validate the information You provide to Us or should provide to Us in accordance with these Agreements, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these Security Reviews, You agree to provide such information or documentation as We, in Our unfettered discretion, may request.
WE RESERVE THE RIGHT, IN OUR UNFETTERED DISCRETION AND IN RELATION TO YOUR ACCOUNT, ANY RELATED ESP (as that term is defined at clause 8) ACCOUNT, ANY ACCOUNTS YOU MAY HAVE WITH OTHER RELATED SITES AND/OR FACILITIES OWNED OR OPERATED BY OR ON BEHALF OF THE GROUP TO TERMINATE THESE AGREEMENTS, WITHHOLD YOUR ACCOUNT BALANCE, SUSPEND YOUR ACCOUNT, AND RECOVER FROM SUCH ACCOUNT THE AMOUNT OF ANY AFFECTED PAY-OUTS, BONUSES AND WINNINGS IF:
You are in material breach of any of these Agreements;
We become aware that You have used or attempted to use the Facilities for the purposes of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity (including without limitation, any manipulation of the multi-currency facilities);
We become aware that You have played at any other online gaming site or facilities and are suspected of fraud, collusion (including in relation to charge-backs) or unlawful or improper activity;
You have 'charged back' or denied any of the purchases or deposits that You made to Your Account; or
You become bankrupt or are subject to analogous proceedings anywhere in the world.
You are entitled to close Your Account and terminate these Agreements on seven (7) days notice to Us by withdrawing the entire balance from Your Account and sending us written notification by e-mail. Once the notice period has ended, your account will be considered closed. During the notice period until the account is closed, you are fully responsible for any activities taking place via your account.
If you wish to temporarily close your account, please activate an indefinite Facility Closure for all Game Facility. Since a Facility Closure can be redeemed any time after a period of 24 hours, it differs from the definite Facility Closure described in section 18.1. For this reason, the handling fee for inactive accounts will also be charged for accounts which are temporarily closed via the function “Facility Closure”.
Without limitation to section 17, We are entitled to terminate these Agreements on seven (7) days notice (or attempted notice) to You at the e-mail address You have provided to Us. In the event of termination by Us, We shall give notice of the termination to You via e-mail and, other than where termination is pursuant to section 17, as soon as reasonably practicable refund the balance of Your Account. Where We have terminated pursuant to section 17, any payouts, bonuses and winnings in Your Account are non-refundable and deemed forfeited.
Termination of these Agreements will not affect any outstanding wagers or bets, PROVIDED that any outstanding wagers or bets are valid and are not in breach of these Agreements in any way.
The following Sections of these Terms and Conditions shall survive any termination of these Agreements by either party: 14, 17, 18, 19, 21, 22, 23, 24 and 25, along with any other Section which is required for the purposes of interpretation.
YOU AGREE THAT YOU WILL ONLY USE THE FACILITIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET OUT IN THE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE LEGAL FEES) WHICH WE (OR ANY MEMBER OF OUR GROUP) INCURRED ARISING FROM ANY BREACH BY YOU OF THESE AGREEMENTS.
You may be entitled to lodge requests for a temporary cool off, self-exclusion or indefinite self-exclusion by using the responsible gaming function available on Your Account which can be accessed via the Account section Service Close. If you opt to use any of the cool off or self-exclusion tools in connection with Your Account, the Inactive Account Fee will not be deducted from Your Account and the account balance (less any bonuses) in Your Account will be returned to you, subject to the terms of this Agreement.
If You have elected to use the cool off or the self-exclusion tool in connection with any of the Platforms provided by any Group company from time to time, You acknowledge and agree that You are not permitted to open or use an Account with any other Group company ('Additional Group Account') during the self-exclusion period You have selected.
In the event of a breach by You of 20.2 above, We and/or any Group company shall additionally be entitled (but not obliged) to suspend any funds You may deposit (or have previously deposited) in any Additional Group Account.
For the avoidance of doubt, in the event of a breach by You of 20.2 above, neither We nor any Group company shall be liable to refund to You any funds You may wager in any Additional Group Account during the self-exclusion period You have selected.
YOUR ACCESS TO THE PLATFORMS, DOWNLOAD OF ANY SOFTWARE RELATING TO THE FACILITIES FROM THE PLATFORMS AND USE OF THE FACILITES OR ANY INFORMATION WE MAY PROVIDE IN CONNECTION WITH YOUR USE OF THE FACILITIES IS AT YOUR SOLE OPTION, DISCRETION AND RISK.
TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR (i) ANY MALFUNCTIONS OF THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, (ii) ERRORS AS DESCRIBED IN SECTION 15, (iii) BUGS OR VIRUSES RESULTING IN LOST DATA, OR (iv) ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE, OR SOFTWARE.
FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE THE FACILITIES BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACK-UP NETWORKS AND/OR SYSTEMS.
WE WILL PROVIDE THE FACILITES WITH REASONABLE SKILL AND CARE AND SUBSTANTIALLY AS DESCRIBED IN THE AGREEMENTS. WE DO NOT MAKE ANY OTHER PROMISES OR WARRANTIES ABOUT THE FACILITES.
OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES OR THE COMPUTER PROGRAMS RELATING TO THE FACILITIES WE MAKE AVAILABLE FROM THE PLATFORMS, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE LIMITED IN ANY TWELVE (12) MONTH PERIOD TO THE AMOUNT, IF ANY, YOU HAVE PAID FROM YOUR ACCOUNT IN BETS, RAKES AND/OR FEES, AS APPLICABLE, IN THE SAME TWELVE (12) MONTH PERIOD AND IN RELATION TO THE FACILITIES RELEVANT TO WHICH THE LIABILITY IN QUESTION HAS ARISEN.
THE GROUP (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION OR BUSINESS INTERRUPTION OR FOR ANY LOSSES WHICH ARE NOT CURRENTLY FORESEEABLE BY THE GROUP ARISING OUT OF THESE AGREEMENTS OR YOUR USE OF THE FACILITIES.
NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, OR DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
IF ANY PART OF THE AGREEMENTS ARE DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED TO BE SEVERABLE FROM THE REST OF THE AGREMENTS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
If You have any complaints about any aspect of Our conduct of the Facilities, You must submit Your complaint to Us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim relates. Complaints may be submitted by contacting our Customer Service team. Any notice We give to You (save as otherwise set out herein) will be sent to the e-mail address that You provide when You register Your Account. It is Your responsibility to give Us notice of any changes to this address through the 'Change E-mail' facility in Our software and to regularly check Your e-mail account for e-mails from Us.
To the extent that You are not satisfied with Our response through the complaints procedure You should refer the matter to the Western Cape Gambling and Racing Board.
You should assume that all use of Our website, and e-mails, SMS and telephone calls between You and Us will be recorded. These recordings will be Our property and may be used as evidence in the event of any dispute or to improve customer services.
These Agreements shall be governed by and construed in accordance with the laws of South Africa. In the case of legal disputes related to the present contracts or their enforcement, the administrative district court of the customer’s place of residence shall be deemed responsible. If any part of these Agreements is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity of the remainder of the Agreements, which shall remain valid and enforceable according to their terms.
We reserve the right to transfer, assign, sublicense or pledge these Agreements, in whole or in part, to any person (but without Your consent) where You are notified of such assignment by e-mail and provided that any such assignment will be on the same terms or terms that are no less advantageous to You. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of Your rights or obligations under these Agreements.
Except insofar as these Agreements expressly provide that a third party may in their own right enforce a term of these Agreements, a person who is not a party to these Agreements has no right under local law or statute to rely upon or enforce any term of these Agreements. However, this does not affect any right or remedy of a third party which exists or is available other than under local law or statute.
For the avoidance of doubt, each member of the Group is an intended third party beneficiary of these Agreements.
You fully understand and agree to be bound by these Agreements and as amended by Us from time to time. We may amend these Agreements at any time by e-mailing You notification of the new terms. Any such amendment will take effect within thirty (30) days of Our sending the e-mail notification of the amendments to You (“Notification”). If any amendment is unacceptable to You, Your only recourse is to cease gaming and terminate Your Account in accordance with Section 18.2. Your continued use of the Facilities following such thirty (30) day period will be deemed binding acceptance of the amendments. It is Your sole responsibility to review these Agreements and any Notifications each time You play. These Agreements and the documents referred to herein represent the complete and final agreement between You and Us in relation to these agreements and supersede any and all prior agreements between You and Us.
The following terms apply only to Your use of the Facilities. Please note that in the event of any conflict between this Section 28 and the remaining Sections of these Terms and Conditions, this Section 28 shall prevail to the extent that it applies to Your use of the Facilities.
28.2. Rules and Procedures of the Facilities
You must use the Facilities in accordance with the generally accepted rules set out in Our Sports betting Facilites Rules and our Horseracing Rules and any other page that specifically relates to and governs any particular event ('Rules'). We advise You to read all of these Rules carefully.
28.3. Betting Terms
We reserve the right to use symbols (such as 1,X,2) and abbreviations for the indication of betting outcomes. We will at any time maintain a Help section on the Facilities providing information about the betting types and terms used. We advise You to familiarise Yourself with the exact details of any bet before placing it. Any additional information detailed at the top or bottom of events and odds displays forms part of the betting rules for the particular event and in the event of any disparity, shall take precedence over these terms. We advise You to read all of this information carefully.
28.3.1 Limits on Stakes
We reserve the right to limit the maximum amount wagered for each single or multiple bet.
28.3.2 Limits on Winnings
The maximum aggregate amount that You may win via the Facilities within any one (1) day period is R 5,000,000. This maximum shall apply independently of the number of bets placed or pending or the amount wagered or pending and acceptance of Your bet or wager by Us does not constitute an agreement to pay out if Your net win exceeds Our limit on winnings (above).It is Your responsibility to be aware that You will not be paid out if Your net win exceeds this limit.
The maximum amount that You may be allowed to win via the Sports Betting Facilities on any single bet is, depending on your selected currency, R 5,000,000. We further reserve the right to impose different winning limits from time to time.
These limits are approximate values only and are subject to exchange rate fluctuations. We reserve the right to impose different winning limits from time to time.
28.3.3 Calculation of winnings
In the case of a fixed decimal odds bet, winnings are calculated by multiplying the stake by the fixed decimal odds. In the case of live bets, You accept any changes in decimal odds during the bet placement process. Changes in decimal odds are understood to be those which change between the pick being added to the bet slip and Our acceptance of the bet. The decimal odds are then displayed in Your bet confirmation notification. In the event that You make more than one bet (including the combination of single and multi bets) and Your total winnings exceed the limits on winnings set out in 28.3.2 above, We shall be entitled to reduce the stake to the extent necessary to comply with the limits on winnings.
28.3.4 Accuracy of Bets and Results
In order to ensure the highest accuracy of all bets and results, we calculate Your Account funds using four decimal points. For technical reasons, Your Account balance can only be displayed to two decimal points, which may from time to time lead to discrepancies when a value with four decimal points is rounded off to a value with two decimal points.
28.4 Acceptance and Validation of Terms
Bets must be made via the Facilities.
A bet is deemed to be valid following confirmation of acceptance from Our servers. A bet is confirmed when it appears in the customer’s account under "My Bets". When a bet is placed and accepted, the corresponding amount is charged against Your Account. Once accepted, bets cannot be cancelled or amended in any way.
When placing the bet, You confirm that You do not have any previous knowledge of the result of the respective event underlying the bet ('Event'). If, during the period of acceptance of bets, information becomes known through which the outcome of an Event can be determined, We reserve the right to vary the deadline for acceptance of bets or to void any bets placed.
We reserve the right to void any bet, including but not limited to any bet which may be inadvertently accepted, when Your Account does not have sufficient funds to cover the amount of the bet placed prior to the Event taking place. Subject to the foregoing, if Your Account balance partly covers a stake for a bet, We reserve the right to accept Your bet with a stake equal to the sum of Your Account balance. We also reserve the right to take any measures necessary to protect You from further losses should you lose R 100,000 or more in any four (4) week period.
All bets must be made and accepted before the start of the relevant Event. Any bet placed or received after the start of the Event will be void unless the betting offer is clearly intended to be available after the start of the Event (i.e. live betting, outrights).
If, in the case of live betting, delayed TV coverage or data transmission results in a bet being placed at the incorrect price immediately after the selected participant/team has gained a significant advantage, We reserve the right to void the bet, win or lose.
If an Event is cancelled and deemed void, the respective selection is considered with neutral decimal odds of one (1.00). In the event of an individual bet, the amount of the bet is refunded. In the case of multiple bets in which Events cancelled appear together with other valid events with a winning forecast, the multiple bet is considered won but the accumulated odds are adjusted accordingly.
Multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.
We reserve the right to refuse in whole or in part any bet and all ambiguous bets shall be void.
We reserve the right to suspend, modify, remove and/or add any Facilities at Our absolute discretion with immediate effect by notifying You by e-mail and, to the extent permitted by law, We will not be liable for any such action.
28.5 Early Payout
We may offer an ‘Early Payout’ only for live bets. You will have the option to accept settlement of bets You have placed before the result of the bet is determined. The ‘Early Payout’ amount is calculated based on the current run of play and is subject to change depending on when you chose to accept an ‘Early Payout’. If an ‘Early Payout’ is available for a bet, the corresponding symbol will be displayed in the ‘My bets’ section of the bet slip.
The ‘Early Payout’ functionality is only available for single bets. Multi and System bets are excluded from the ‘Early Payout’ function. Any ‘Early Payout’ selection will not count towards wagering restrictions if bonuses are used to place the bet.
Where any bet is frozen or closed or the ‘Early Payout’ value has changed during play, the ‘Early Payout’ may be rejected.
If an ‘Early Payout’ is accepted by Us when the result of that bet has already been determined, We reserve the right to void the ‘Early Payout’. We also reserve the right to void and reclaim any ‘Early Payout’ where we believe You have abused the ‘Early Payout’ feature.
28.6 Dead Heat Rules
A dead heat occurs where two or more participants in an event tie for first and second place (a “Dead Heat”). In the event of two selections having a Dead Heat, Your stake is split with half the stake applied to the winning selection and the other half lost. With more than two selections, the stake is split proportionately.
28.7 Ante Post Bets
Ante post bets are those placed at prices on named selections taking part in an event before it has started. Bets are accepted 'all in, run or not, entered or not', which means that should Your selection fail to take part in an Event, the bet is a loser unless Our Rules state otherwise. In all cases We reserve the right to impose a Rule 4 of Tattersalls' Rules of Betting to reflect returning stakes on selections that do not take part.
29. MEMBERSHIP OF OUR VIP PROGRAMME
We may offer, withdraw, revoke and/or amend the terms of any membership of Our VIP programme at any time by notifying You by e-mail. For the avoidance of doubt, membership of Our VIP programme is at Our sole discretion and Your status as a member of Our VIP programme may be altered by Us at any time.
PLEASE PRINT THESE TERMS AND CONDITIONS AND STORE FOR YOUR FUTURE REFERENCE. IN ADDITION, WE SUGGEST THAT YOU PRINT AND STORE ALL TRANSACTION RECEIPTS AND GAME RULES AS APPLICABLE TO YOUR ACTIVITIES.
If You have any questions, please contact Our 24/7 Customer Service team.