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(a) General
2. By using the service, you agree to:
3. Terms of Use
All terms and conditions listed on this page shall together be referred to as "The Terms of Use" or "T&C". "User" and "Customer", "You" and "Your" refer to you, the person accessing the Service and accepting the Company's terms and conditions.
4. Complete Agreement
The Terms and Conditions contained herein represent the complete, final, and exclusive agreement between the Customer and the Company and supersede all prior agreements, representations, and understandings.
5. Age Restriction
By using the service, the Customer confirms that they have reached the age of 18 or such legal age as required under applicable laws. Fayabet does not accept any Users under the age of 18 and reserves the right to verify any Customer's age. If identified as underage, the User's winnings shall be forfeited, and the Account shall be blocked immediately.
6. Non-Commercial, non-professional purposes
The Customer's interest in using the service is of a personal nature, and is to be used purely for personal entertainment. Any commercial and professional interest is discarded.
7. Availability and Functionality
Fayabet does not warrant the constant availability and functionality of all or any products offered by Fayabet. Fayabet may not be held liable and will be held harmless by the Customer for any damages, losses, costs, loss of profits or any other disadvantage a Customer may incur in connection with any disconnection from or the non-availability of any of the products offered by Fayabet for whatever reason.
8. Liability Disclaimer
Fayabet cannot be held liable in any case for any damage or loss caused directly or indirectly by the service or by its contents or by the contents provided by a third party, unless they are based on intentional or gross negligence.
9. Congestion Issues
Fayabet shall not be liable if the Customer is unable to place a bet due to congestion on the SMS system or any other electronic communication media used for the purposes of betting.
10. Terms of Use Amendments
Any exception to the existing Terms of Use will be communicated in written form to the Customer. Any verbal statement made by Fayabet employees or affiliates will not be considered in case of a dispute.
11. Governing Law
These Terms of Use shall be governed by and interpreted in accordance with the laws of Kenya and you irrevocably submit to the non-exclusive jurisdiction of the courts of Kenya in relation to any dispute in relation to the Terms of Use.
12. Compliance with Kenya Laws
Any bet placed by the User shall be governed by the applicable provisions of the applicable Kenya Criminal and Civil laws and any regulations and rules made in terms thereof, as amended from time to time. It shall be the responsibility of the User to ensure that he/she is aware of these provisions.
13. Time Zone
All indicated dates and times are based on EAT (Eastern Africa Time), unless otherwise specified in the Terms and Conditions where UTC time is applied (Universal Time Coordinated).
14. Currency
The betting service is available in Kenyan Shilling (KES) only.
b. AMENDMENTS TO THE TERMS OF USE
1. The Terms of Use can be changed at any time by Fayabet at its own discretion. All changes will become effective on their publication on our website.
2. If you consider any amendment carried out to be intolerable, you may cease using the service.
3. The continued use of the Service after the date when the Terms of Use are meant to come into effect will correspond to a complete acceptance of the revision performed, whether or not the changes have been acknowledged.
c. ACCOUNT REGISTRATION AND MANAGEMENT
1. A User must register an Account to use any of the Services. Fayabet reserves the right to refuse to register your Account with or without cause.
2. (a) In order to register an Account, you represent, warrant and agree that you are: (i) 18 years old; (ii) you will provide accurate registration information when registering the Account, including, without limitation, full name, the correct date of birth, country of residency, email address and telephone number and notify us of any changes of such details; (iii) you are opening the Account for your personal use and are acting as the principal and not on behalf of third party; (iv) you are legally capable of entering into binding contracts, including these Terms of Use and each subsequent bet or game play.
(b) Fayabet reserves the right to verify the User’s age at any time. In the event that you are found to have breached the clause 2 (a) or any of the representations and warranties therein are deemed false, we may (i) cancel any bet you have placed; (ii) not pay any winnings that may otherwise be payable in respect of such bet; (iii) terminate the Account and (iv) refer the matter to the police, notify the family and/or appropriate regulatory authority.
3. By registering an Account and/or using any Services or the Website, you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require or deem necessary and/or are required by applicable laws and regulations, and/or by the relevant regulatory authority. You agree to provide all such information as we require in connection with such verification checks. Fayabet shall be entitled to suspend or restrict your Account and/or any of the Services or part thereof in any manner that we may deem to be appropriate, until such time as the relevant checks are completed to our satisfaction. Without limiting the foregoing, in the event we cannot successfully verify any of the elements of the Account registered details or if any information provided is deemed to be false or inaccurate, Fayabet reserves the right to void any of the bets, suspend or terminate your Account and forfeit the balance of your Account. Fayabet reserves the right to engage a third party to perform verification checks. Any information you provide to Fayabet for Account registration or send to Fayabet as part of the Account management or verification procedures shall be used in accordance with the Privacy Policy. It is your responsibility to ensure that all details you provide us in satisfaction of our verification checks are kept up to date.
4. You cannot buy, sell or transfer the Account to other User(s). You shall not transfer or sell your Account and/or acquire or accept a transfer of another registered Account with Fayabet from another person.
5. Fayabet does not allow any of its employees, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider or an agent (to be determined at Fayabet’s absolute discretion) to bet on any market or event. All such bets shall be void.
6. Each User may open only one Account. If we have reasonable grounds to believe that you have more than one Account (including any Accounts you opened with misspellings or different variations of your name or email) and we reasonably believe that multiple Accounts have been opened or used in breach of the Terms of Use, we may close your Accounts, or allow you to retain the first Account you opened with us. We will be entitled to declare all bets placed under any duplicate Account(s) as void and withhold any winning payments.
7. When opening an Account, you may be allocated or may be requested to choose the username and will need to create a password. You must keep all Account information secure at all times, including the Account username and password. You are responsible for the security of your Account and all transactions performed under your Account. If you lose or forget your username and/or password, you should change your password without delay via your Account, the Website or by contacting us. If you believe or have reasons to suspect that a third party is aware of or may have access to any Account information, including your email or mobile number, contact us immediately. Fayabet has no reason to believe that at the time of acceptance of the bet, the bet was not placed by you. All the bets will stand if the correct username and password are entered to access the Account. Fayabet shall not be liable for any loss that you may incur as a result of misuse of username(s) and/or passwords(s) or from any unauthorized use of your Account, whether fraudulent or otherwise.
8. Account Termination
The User can request termination of their Account whenever they wish by using the Account option after log in. Any negative balance on the Account will be immediately due and payable to Fayabet and the Account cannot be terminated until such amount is paid in full. An Account terminated by you may be reopened depending on the circumstances and the reasons for Account termination, on your request and at Fayabet’s discretion, subject to successful identity verification checks. In such event, the use of the Website and/or the Services shall be subject to the Terms of Use that are in force at the date of Account reactivation. You will not be able to register a new account with Fayabet once your Account has been closed.
9. Breach of Terms
Without limiting any rights of Fayabet hereunder or in law, if Fayabet reasonably believes, at its sole discretion, that you have breached these Terms of Use, including any of sports or game rules and terms and conditions applicable to any specific functionality, bonus or promotion, or actual or suspected prohibited behavior leading to collusion or fraud or activity aimed at defrauding Fayabet, or there has been unusual activity on the Account, or for any legal reasons, Fayabet may:
Fayabet may require you to provide any additional information that is necessary to conduct an investigation and/or verify your compliance with these Terms of Use.
10. Account Suspension and Termination
Without limiting or restricting Fayabet’s rights and/or remedies available to it hereunder or in law, we may exclude the User from the Services, suspend and/or terminate the Account and/or cancel any bets placed under the Account, including the winning bets, at our absolute discretion and without having to disclose the reason.
If you have any query regarding your Account, it is your sole responsibility to notify Fayabet as soon as possible and provide all relevant information you know or have in relation to the query or as we may require.
Following the termination of the Account, Fayabet will return any amounts used to place then open bets (other than the bonus funds which will be forfeited) into your Account, unless such funds are not due to you as per these Terms or Use or otherwise.
11. Fraud and Investigation
Fayabet reserves the right to report any of your Account details to sporting bodies, associations, authorities, police or any other investigatory and/or state authorities, or any other third party as prescribed or permitted by law or any applicable rules. If we have reason to believe you are involved in fraud, dishonest or criminal acts, we reserve the right to refuse a bet or game wager, void accepted bets, and withhold settlement.
12. Dormant Account
A dormant account is a customer account with no transactions for 36 months. Any dormant account will be closed after 36 months of inactivity, and any funds will be sent to the tax authority if prescribed by law.
8. Account Termination
The User can request termination of their Account whenever they wish by using the Account option after log in. Any negative balance on the Account will be immediately due and payable to Fayabet and the Account cannot be terminated until such amount is paid in full. An Account terminated by you may be reopened depending on the circumstances and the reasons for Account termination, on your request and at Fayabet’s discretion, subject to successful identity verification checks. In such event, the use of the Website and/or the Services shall be subject to the Terms of Use that are in force at the date of Account reactivation. You will not be able to register a new account with Fayabet once your Account has been closed.
9. Without limiting any rights of Fayabet hereunder or in law
if Fayabet reasonably believes, at its sole discretion, that you have breached these Terms of Use, including any of sports or game rules and terms and conditions applicable to any specific functionality, bonus or promotion, or actual or suspected prohibited behavior leading to collusion or fraud or activity aimed at defrauding Fayabet, or there has been unusual activity on the Account, or for any legal reasons, Fayabet may:
Fayabet may require you to provide any additional information that is necessary to conduct an investigation and/or verify your compliance with these Terms of Use (including an identification documentation and/or documentation from your payment provider).
Fayabet may notify you of the Account suspension using the email address registered under the Account or via online pop-up notice when logging into your Account, provided such notification will at no time be a pre-condition for any suspension or termination of the Account, as the case may be. Fayabet will address the issue that has given rise to the Account suspension as soon as may be reasonably practicable, including requesting verification information from you. As a result of the review or investigation, the Account and/or any specific suspended functionality will be either re-activated or terminated. If any potentially suspicious activity is performed under your Account, you may be requested to provide us with additional documentation confirming your identity or source of funds or address. Such evidence may be requested due to, but not limited to the same, the size, volume or pattern of bets placed under the Account. Fayabet may suspend or close your Account immediately as a result of the activity that cannot be verified by supporting evidence. If Fayabet terminates the Account pursuant to the foregoing or due to your breach of any of the Terms of Use, and you have placed any bets on the events that have not yet taken place as of the time of the termination of the Account, Fayabet reserves the right to void such bets and return the original stakes to your Account balance; this includes the multiple bets which will be recalculated and settled accordingly. In the event of termination of the Account for the reasons of fraud or associated fraudulent type of behavior, any residual credit balance, including the winnings may be forfeited and the open bets void. On termination of the Account, your rights to use the Services shall immediately terminate. It is your sole responsibility to uninstall or remove any software used in relation to the use of the Website and/or the Services, as you may deem appropriate.
10. Account Suspension and Termination
Without limiting or restricting Fayabet’s rights and/or remedies available to it hereunder or in law, we may exclude the User from the Services, suspend and/or terminate the Account and/or cancel any bets placed under the Account, including the winning bets, at our absolute discretion and without having to disclose the reason.
If you have any query regarding your Account, it is your sole responsibility to notify Fayabet as soon as possible and provide all relevant information you know or have in relation to the query or as we may require.
Following the termination of the Account, Fayabet will return any amounts used to place then open bets (other than the bonus funds which will be forfeited) into your Account, unless such funds are not due to you as per these Terms or Use or otherwise. We reserve the right to withhold the funds in the Account from you pending determination of any investigation where we suspect you have acted in breach of these Terms of Use or any other rules and terms and conditions applicable to or any part of the Services, including, where we suspect the Account to be linked with fraudulent or suspicious activity, and where we have to withhold the funds by law or to comply with any request or instruction from any governmental or regulatory authority.
Fayabet shall not be liable to you for any termination of the Account for whichever reason. Your sole remedy in the event of termination of the Account shall be the payment of any then valid undisputed Account balance, and Betgr8 shall have no further liability whatsoever.
11. Reporting to Authorities
Fayabet shall report any of your Account details to sporting bodies, associations, authorities, police or any other investigatory and/or state authorities, or any other third party as prescribed or permitted by law or any applicable rules. Without limiting any of the rights of Fayabet hereunder, where we have reason to believe that you are and/or your activity under the Account indicate you are involved in fraud, dishonest or criminal acts, we reserve the right to refuse a bet or game wager (jointly and severally under the Terms of Use a “bet”) or any part of a bet offered to us and to void any accepted bets and withhold settlement (there may be other instances where we may void a bet as detailed under the specific sport/event rules, or as otherwise instructed by an appropriate regulator or authority). You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
12. Dormant Account
A dormant account is a customer account with no transactions for 36 months. Any dormant account will be closed after 36 months of inactivity and any funds will be sent to the tax authority if prescribed by law.
Deposits, Withdrawals, KYC Procedure
1. Deposits
You can deposit the funds into your Account with one of the payment methods made available by Fayabet. Fayabet reserves the right to verify the ownership of the payment method(s) used to credit your Account and/or ownership or origin of the funds by requesting supporting evidence from you. If you deposit funds using a payment method (bank account, credit or debit card) that is not registered or issued in your name, and without limiting our rights, we may (i) suspend your Account and/or (ii) request to you additional information and documentation we may deem necessary to demonstrate that you are authorized to use the respective payment method. Your Account may remain suspended until you provide and we verify the information and/or documentation requested. Any bank account you register under the Account, at Account registration or otherwise, must be operated by a licensed bank in the Territory and be registered in your name only. In no way does this limit the other remedies that may be available to us in the event that you did not have permission and authorization to use another person’s payment method or if any of the Services require the deposit(s) to be made from the payment method that is issued or registered in your name. If we determine that a deposit into your Account is made from a payment method held or issued in third party’s name, or from the monies provided to you by a third party to be used for wagering, then we may elect to refund the deposit directly back to its source. If this determination occurs after bets have been placed, your bets will be voided and we will not be obliged to pay any winnings which might otherwise have been payable to you or reimburse you for any loss incurred. Fayabet does not charge the fees for deposits made by bank transfers, credit or debit cards; however, your payment provider’s charges may apply. The minimum and maximum deposit amount may apply depending on the type of the payment method you choose and you can only bet up to the amount available on your Account and subject to the minimum and maximum limits then applicable to the bets. Please refer to our FAQs and help pages. Any deposits that are subject to the bonus promotion offer will be regulated by the bonus promotion rules and may not be available for withdrawal.
2. Account Use
The Account is provided to you solely to enable you to use the Services and pursuant to the Terms of Use only. Your Account should not be used as a banking facility and will not generate any interest. Deposits should only be made with a view to using the funds to place bets. If you, for whatever reason, appear to be depositing or withdrawing money without genuine play, Fayabet reserves the right to suspend or restrict your Account and to investigate the relevant activity. This may result in the Account being terminated. In such circumstances, we reserve the right, in addition to any other rights we have, to set off from your Account, without prior notice, any bank charges we have incurred.
3. Payment Methods
Fayabet reserves the right to change the payment methods we accept from time to time. Furthermore, in our absolute discretion and without giving reason, we reserve the right to refuse to accept any type of payment method presented to us irrespective of whether we have previously accepted such payment method type from you or would usually accept that payment type from any User.
4. Withdrawal Rules for Fayabet Accounts
a. Withdrawal Eligibility:
b. Account and Bank Matching Requirements:
c. Mobile Number Verification:
5. Withdrawal Refusal
Fayabet reserves the right to reject any withdrawal of funds if it appears to be linked with transactions predominantly performed with the purpose of allowing the transfer of money from one payment method to another, including, without limitation, unplayed deposit withdrawals and in the event the User cannot provide satisfactory evidence of the payment method ownership. Fayabet also reserves the right to request proof of deposit for any transaction and to apply a transaction fee of 1% on any unplayed funds prior to withdrawal.
6. Verification Checks
Fayabet may undertake any verification checks at withdrawal as may be required by Fayabet or by third parties (including, but not limited to, regulatory bodies). Fayabet may suspend the availability of any withdrawal method and/or the withdrawal function available under the Account until the completion of the verification checks and/or suspend the Account and/or any of the Services availability. Without limiting the provisions of Clause III (3), upon withdrawal request initiated by you, you may be requested to send us a copy of your ID or Passport (front/rear) and any or all of the following documents:
Your cooperation and compliance with our requests will speed up the verification process.
7. Withdrawal Processing
The minimum withdrawal request is displayed on the withdrawal section of the user account. The withdrawals are generally processed within 4 hours from 9 am and 9 pm, subject to the verification process which may apply. Fayabet does not accept any liability for any delays which may be due to the payment provider.
8. Charge-backs
The User shall not attempt any charge-backs, reversals or otherwise cancel any deposit previously made into the Account. If we incur any charge-backs, reversals or other charges in respect of your Account, we reserve the right to charge you for and/or set off from your Account balance the relevant amounts incurred.
9. We reserve the right to withhold payment and to declare bets void if we reasonably believe you
have breached these Terms of Use, including, without limitation, pursuant to the terms and conditions applicable to any specific Services, you were under the age of 18 when you registered the Account or placed a bet, you were in a jurisdiction that renders your use of the Services illegal, another person made deposits into or withdrawals from your Account, we have not been able to verify your identity of any of the statements you make in the course of the use of your Account or when requested by Fayabet. If you owe any money to us for any reason, we have the right to offset the amount owed against money in your Account (including in any identified duplicate Account), as may be applicable, or money that you have otherwise won, before making any further payments to you or permitting you to withdraw any funds from your Account.
10. You are responsible for reporting your winnings to the tax and/or other authorities as may be applicable from time to time.
11. If the Cash Voucher option is enabled, you will be able to withdraw also via an agent. Once the payment is processed, go to your agent/shop and provide the Voucher Code and your username, in order to cash out your winnings.
The code is valid only once. Provide it only to your trusted agent/shop. It is the customer's responsibility to reveal the code only to the trusted agent/shop. The Voucher Code is provided to the customer solely pursuant to the Terms of Use only.
PLACING BETS
BONUSES / PROMOTIONS & REWARDS
ERRORS AND OMISSIONS
Fayabet makes an effort to ensure there are no errors made in its systems utilized to make the Website and/or the Services available for use. However, human and/or system errors occasionally result in errors. Fayabet reserves the right to correct any error, whenever identified, and to void any event/line contained in bets placed where such error occurred..
2. A number of circumstances may arise where a bet is accepted, or a payment is made by us in error.
A non-exhaustive list of such circumstances is as follows:
3. Fayabet reserves the right to:
4. If we wrongly pay an amount to you or we pay you more than the amount to which you are entitled to,
we will firstly block any withdrawal request, then deduct any winning wrongly credited as per point 3 b) above, and in case the money unduly credited has been used for further bets or has been successfully withdrawn, you agree to repay to us immediately upon request from us the amount that has been wrongly paid or overpaid to you. The User must inform Fayabet as soon as possible of any amount wrongly credited to their Account. We have the authority under our right to adjust your Account to reflect the true outcome and rectify the Error. This includes, without limitation, cancelling the bets or winnings from the events or games where you have used the funds, which have been credited to the Account or awarded to you as a result of an Error. Fayabet may withhold any winnings which you may have received with such funds and you will immediately repay to us any such amounts when a demand for repayment is made. Without prejudice to the foregoing, Fayabet may set off such amounts from any positive balance on your Account.
5. Neither we (including our officers, employees or agents), nor our partners or suppliers, shall be liable for any loss, including loss of winnings, that results from any Error or any mistake made by you in utilizing the Services.
6. You shall inform us as soon as reasonably practicable should you become aware of any Error and stop immediately any further activity in relation to the Service(s) the Error applies to.
7. If you want to report an Error or have any questions, please contact the Customer Support Team.
Please note that any calls to our Customer Support Team may be monitored or recorded for training and quality management purposes and to assist us in quick and effective resolution of queries.
8. In the event that the printed version of a document or of a coupon differs from the web version, the latter shall prevail.
In the event of any dispute, the User agrees that the records of our server shall act as the final authority in determining the outcome of any claim.
9. In the event that an error is identified after a winning notification (including but not limited to SMS, email, or website updates) has been sent to a customer,
Fayabet reserves the right to correct or void the winnings in accordance with Errors and Omissions Policy. The final result will be based on the correct and official settlement of the bet, regardless of any prior communication.
(g). NO WARRANTY
LIMITATIONS OF LIABILITY
If Fayabet fails to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of subsequent default. No waiver by Fayabet shall be effective unless provided in writing, excluding email.
If any provision of the Terms of Use is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Terms of Use which shall remain in full force and effect. In such instances, the part declared invalid or unenforceable shall be amended in a manner consistent with the applicable law to reflect, as closely as possible, Fayabet’s original intent.
You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the Terms of Use without our prior written consent. Fayabet is entitled to assign, transfer, charge or otherwise deal in our rights under these Terms of Use as we see fit.
The Terms of Use and any document expressly referred to in them and any guidelines or rules posted on the Website represent the entire agreement between Fayabet and the User in relation to the subject matter of the Terms of Use and supersede any prior agreement, understanding or arrangement between the User and Fayabet, whether oral or in writing.
The current version of the Terms of Use applies to the latest version of Website or any of its components.
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LEGAL & COMPLIANCE
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BCLB No. 0000825
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