TERMS AND CONDITIONS
1. These terms and conditions
1.1 What these terms cover. These Terms and Conditions shall be
valid for all betting games offered by Kwikbet, by using our SMS or visiting
any section of our Website.
1.2 Why you should read them. Please read these terms and
conditions carefully. These terms tell you who we are, how we will provide
products and services to you, how you and we may change or end the contract,
what to do if there is a problem and other important information. We have
highlighted key points in bold but you should read the entire terms and
conditions to fully understand them. If you have any questions about these
terms, please contact our Solutions Team.
2. Information about us
2.1 Who we are. We are Solami Limited (trading as Kwikbet)
2.2 Our license. Solami Limited is licensed by the Betting Control
and Licensing Board of Kenya, under the Betting, Lotteries and Gaming Act, Cap
131, Laws of Kenya under BCLB Number BK0000130
2.3 Kwikbet/we. References in these terms and conditions to
“Kwikbet”, “we”, “us” or “our” will be to Solami Limited.
3. How to contact us
3.1 How to contact us. If you need to contact us, please speak to
someone in our Solutions Team by Email:cs@kwikbet.co.keor
Telephone: +254 725290028
3.2 How we may contact you. If we have to contact you, we will do
so by telephone you provided to us on registration.
3.3 “Writing” includes emails. When we use the words “writing” or
“written” in these terms, this includes emails.
4. Our contract with you
4.1 These terms apply to any use of our services, and additional
terms may also apply on promotional items. By visiting our website and/or by
registering and/or using the services, you agree to be, and are, bound by:
(a) these terms and conditions; and
(b) the Privacy Policy; and
(c) the Betting Rules;
(d) the virtual game rules which apply to each virtual game and can
be found within each virtual game, and which include the game maximum win;
(e) any specific conditions which are stated as applying (e.g. If
you are entering a promotion, the promotion terms and conditions); and
(f) all such other of our terms and conditions, rules or policies
as they relate to any applicable services promotions, bonuses, special offers
or any other aspect of your use of the services from time to time and are
deemed to have accepted and understood all of the above.
4.2 All of the terms and conditions, rules and policies referred to
in clause 4.1 shall be collectively referred to as the “terms and conditions”.
4.3 By using our services, you will be deemed to accept these terms
and conditions, including any amendments made to them. If you do not agree to
accept and be bound by these terms and conditions, you should stop using our
services and website.
5. Identity of customers
Your phone number is your identity. We use mobile phone numbers to
uniquely identify customers and their account details. We strongly encourage
all customers to sign up for identity programs administered by Mobile phone
service providers.
5.1 If you already have an existing Kwikbet account, you will not
be permitted to open a new account with Kwikbet.
5.2 Kwikbet accounts, including any Kwikbet promotions, are limited
to one per person.
5.3 If we believe, in our sole and absolute discretion, that you
have:
(a) registered and/or used more than one account with us; and/or
(b) colluded with one or more other individuals using a number of
different Kwikbet accounts to back the same combination of selections
(regardless of whether or not such bets are made separately, on different days
or across a range of different prices) in an attempt to exceed the maximum
pay-out or take advantage of any winnings or bonuses not otherwise available
for an individual account holder across linked accounts, we will be entitled to
withhold any winnings you may make from those actions and freeze your account.
6. Before you open an account with
us
6.1 We require you to make certain statements
before opening an account. When you register an
account with us you are agreeing, warranting and representing that:
(a) you are at least
(i) 18 years of age and above; or
(ii) the age at which gambling is legal under any law that applies, whichever
is the greater (for example, the applicable law says you must be 18 years old
to gamble, then you will need to be 18). We retain the right to ask for proof
of age documentation from any applicant or customer at any time and we can void
any transactions made with minors;
(b) you will provide accurate registration information when opening
your account, which will include without limitation your correct personal
telephone number. You must inform us of any changes to these details;
(c) you are legally capable of entering into binding contracts,
including these terms and conditions and any bets you place;
(d) you are opening your account solely for your personal use, and
that you are acting on your own behalf and not as an agent on behalf of a third
party;
(e) you will not try to sell or in any way transfer the benefit of
your account to any third party and nor will you acquire or attempt to acquire
an account which has been opened in the name of a third party;
(f) you are entirely responsible for complying (and that you
comply) with laws concerning betting and gaming prior to opening an account,
placing any bets, stakes or wagers or using our services. If you are located
where use of a particular service is prohibited, you must not (i) register with
us for the applicable service; (ii) attempt to use that service; or (iii) use
your payment method to undertake betting or gaming with us for the unlawful
service;
(g) you are not prohibited for any reason from betting with us or
from using the services; and
(h) you are not currently subject to a self-exclusion from a
Kwikbet account and neither we nor any other operator has excluded you, from
gambling.
6.2 You will commit a criminal offence if you are aged
under 18 and gamble in Kenya. You must not access our services to
gamble if you are underage.
6.3 The availability of our services does not constitute an offer,
solicitation or invitation by us for the use of our services in any
jurisdictions in which such use is prohibited by law. If you use our services
in breach of any laws that apply, we will not be liable to you for such use.
6.4 You must keep your personal details up-to-date. If
you fail to do so, it may result in your bets or payment being declined or
issued incorrectly. You can contact our Kwikbet Customer Service Team to update
your details.
6.5 You may not transfer any funds from one Kwikbet account to
another account for any reason.
6.6 If you breach any of the terms in this clause:
(a) we may freeze your account and cancel any bet you may have
placed;
(b) we will not be obliged to pay any winnings which might
otherwise have been payable in respect of any bet you placed; and
(c) we may refer the matter to the relevant authorities.
6.7 You agree that we are entitled to carry out electronic
verification checks on you when you open an account with us. By
accepting these terms and conditions and/or registering to use the sms or
website you agree that we are entitled to conduct any and all such
identification, credit, fraud and other verification checks from time to time.
You agree that you will provide us with all information that we require in
connection with such verification checks. We will be entitled to suspend or
restrict your account in any way that we think is appropriate, until we have
completed those verification checks to our satisfaction.
6.8 In addition to electronic verification checks, we may
carry out manual checks to confirm proof of age and identity. We may
ask you to submit a copy of your identity documents to our Solutions Team to
enable them to confirm your identity.
6.9 We may provide your details to certain third parties
for verification. As part of the registration and verification
process, we may supply your information details to authorized credit reference
agencies or fraud tool suppliers to confirm your identity and payment provider
details. You agree that we may process such information in connection with your
registration and verification.
7. Restricted territories
7.1 Internet gambling may not be legal in some
jurisdictions. You understand and
accept that the we cannot provide you with any legal advice or assurances in
respect of your use of our services and so we make no representations
whatsoever as to the legality of the services in your jurisdiction. You should
check the relevant laws in your jurisdiction before registering with us and
using our services.
7.2 Due to the above, we are not permitted to allow persons who are
located in certain territories to open accounts with us (and we do not permit
accounts to be accessed and operated in those territories). The territories
which are prohibited may be changed by us from time to time, with or without
prior notice to you.
8. Keeping your account secure
8.1 You must keep your account username and password
confidential. We will not be responsible for any losses that may arise
as a result of misuse of your username or password or from any unauthorized
access to your account.
8.2 If you have lost or forgotten any of your account details,
please contact us as soon as possible. You must inform us immediately if you
believe your account details are being misused by anyone so that we can suspend
your account and prevent any further unauthorized access.
8.3 We would suggest using a secure password storage facility to
store any passwords rather than using the automatic password memory on your
browser.
9. How your funds will be held
9.1 To play our games and place bets, you need to deposit
funds. Your funds will be held in a separate bank account from all our
other business accounts. However, if there was ever a situation where we became
insolvent, your funds would not be considered separate to the other company
assets and you may not receive all your funds back.
9.2 Your funds have a basic level of
protection. This level of
protection is decided by us and meets the Betting Control and Licensing Board’s
requirements for the protection of customer funds.
9.3 Details about the protection levels. We are required by our license to inform you about what happens to
funds we hold on account for you in the event of insolvency.
9.4 If you are unsure about how your funds are held, you
can contact our Solutions Team. You should make sure you are
comfortable with this level of protection before you deposit any funds with us.
10. Deposits and withdrawals
10.1 To play our games and place bets, you need to
deposit funds. Deposits can be made
in Kenya Shillings through Mpesa Paybill Number 290028 and the
Account Number should be your Phone Number that you registered
with.
10.2 You are only permitted to use payment methods which
are in your own name. You are not permitted to use any payment method
belonging to a third party (e.g. you cannot use another phone number). Any
third-party deposits will be considered invalid (and any winnings arising from
deposit will be voided).
10.3 We may void your winnings if you have made deposits
with the intention of reversing bets using the deposit which you then
cancelled. If any deposit does not reach us or is cancelled by you or
a third party, we will be entitled to void all bonuses, free bets and winnings
accrued or awarded to your account as a result of that deposit if we believe,
in our reasonable discretion, that the deposit was made with the sole intention
to reverse bets obtained using the deposit which you then cancelled.
10.4 We will carry out money checks on your deposits. As
part of our internal policies we make checks on the source of any funds placed
on deposit by customers. If these checks do not provide us with sufficient
information about you, we may request further information from you (including
about your source of funds). You agree to promptly provide this information,
when requested to do so. We reserve the right, acting reasonably, to suspend or
terminate any account where we cannot satisfy ourselves that the source of
funds is legitimate or where sufficient information has not been provided.
10.5
(i) Minimum and maximum account
deposits will apply. We would like to
draw your attention to the fact that minimum and maximum deposits will apply.
Minimum Deposit Amount is 10 Shillings and Maximum deposit amount as per your
service provider, MPESA 140,000.
(ii) Maximum and Minimum Withdrawal. We also would like to draw your attention that there is a Minimum
withdrawal per day of ksh 50 and a Maximum withdrawal limit per day of ksh
70,000.
Withdrawal charges apply as follows:
100 – 499 (16)
500 – 999 (23)
1,000 – 19,999 (28)
20,000 – 70,000 (33)
10.6 You cannot make reversals to your account. You are not permitted to make any reversals or otherwise cancel any
deposits into your account and if we incur any loss as a result of this
activity, you will be required to reimburse us in full on demand.
10.7 We will not pay you interest on any of your
account balances. We will not accept
credit under any circumstances. It is your responsibility to maintain
sufficient funds in your account to place any bets you wish to make. We will
not be responsible for any missed bets in the event you need to deposit funds
before placing a bet. We also need to reserve the right to void any bet which
may have been inadvertently accepted if your account does not have sufficient
funds to cover the whole of the bet and/or to recover the amount of any
shortfall.
10.8 Pricing. Customers betting using SMS incur low charges of Ksh2.5 per sms.
Minimum Bet Amount on Kwikbet is Ksh 1 on sports betting both on Single and
Multi-bet. Jackpot bet amount is Ksh 30 per jackpot bet.
10.9 You may withdraw funds from your account if:
(a) all payments made into your account have been confirmed as cleared and have
not been reversed or otherwise cancelled.
(b) any identity or other know-your-customer checks we are required
to conduct or other obligations have been completed to our satisfaction. Please
also note that, where we have requested information from you to verify your
identify and/or source of funds, any delay in providing this information may
cause an additional delay when withdrawing funds;
(c) you accept that all transactions may be checked to prevent
money laundering and that any transactions made by you which we deem suspicious,
may be reported to the appropriate authorities. We reserve the right to decline
and/or reverse the withdrawal of unspent or otherwise unused deposits until the
verification of these funds is deemed satisfactory, including where deposits
have been made and withdrawn immediately with no game play; and
(d) there is currently no ongoing investigation into:
(i) a game defect involving a game which you have played which requires a
temporary freeze on withdrawal of funds.;
(ii) a situation where there is evidence of betting irregularities (including
any attempt to exceed the maximum pay-out or take advantage of any winnings or
bonuses not otherwise available), that the integrity of an underlying event has
been compromised, the price may have been manipulated, match fixing may have
taken place, an individual or individuals are suspected of acting either in
conspiracy or concert in respect of a bet;
(iii) a situation where there is evidence that the rules of a sports body may
have been breached; or
(iv) a situation where there is evidence that you have materially breached
these terms and conditions, including by acting fraudulently, unlawfully or by
engaging in improper activity (including cheating, collusion or criminal
activity).
10.10 Our solution team may need to cancel
withdrawals pending an investigation. There may be
occasions where our solution team need to cancel withdrawals in order to carry
out additional checks. These funds will be returned to your account pending the
investigation but if we discover any irregularities during our investigation,
we reserve the right to withhold funds. Responsibility for any funds lies with
the account holder and any bets made with them will stand.
10.11 If you wish to withdraw a lower amount than
our online system permits, you will need to contact our Solutions Team. If the amount you wish to withdraw is below the amount accepted via
the sms or website, which will be shown to you at the time you withdraw, you
will still be able to withdraw your funds but you will need to contact our
Solutions Team to assist.
10.12 You are responsible for declaring winnings to
tax authorities. If required, it is
your responsibility to declare any funds withdrawn, including winnings, to your
local tax or other authorities.
10.13 You are responsible for reporting any
mistakes with your withdrawals. Whilst every effort
is made to avoid mistakes, we cannot take any responsibility or liability for
errors or omissions you make when you are withdrawing your funds. If any funds
are deposited or credited incorrectly, it is your responsibility to inform us
and we will aim to resolve it.
10.14 You are able to set your own deposit limits. If you would like to set yourself specific limits, please contact
our solutions team via telephone or email for details on how to do this.
10.15 Withdrawals will be made to the same payment
method as the initial deposit. If this is not
possible, you will be contacted to make alternative arrangements.
10.16 You must notify us of any changes to your
payment method details. If you do not update
us, your deposits may be declined. You must also inform us if your Simcard is
lost or stolen or if you have been a victim of any identify fraud on your
payment method account and we will stop further bets being accepted from your
account until you notify us of further instructions.
11. Placing your bets
11.1 Acceptance and validation of bets. All football bets are settled on 90 minutes’ play (also referred to
as Full-Time or Normal Time). This includes time added by the referee for
injuries and other stoppages. This does not include scheduled extra time or
penalty shoot-outs, if played. In matches where penalty shoot outs or extra
time are due to take place, all bets are settled on 90 minutes unless an
outright price was specifically requested and confirmed at the time the bet was
placed.
11.1 There will be limits on the amount you can
bet. You may only bet up
to (i) the amount held in your account or (ii) Maximum betting amount for a
single or multibet is Ksh.20000. We will determine in our discretion what the
minimum and maximum bet selection is for each bet and this will be made clear
on our website before you place your bet.
11.2 You should get familiar with how bets and
games are operated. We will not be
responsible under any circumstances if you place a bet or play a game and have
not fully understood the terms or how it is operated. We would recommend that
you familiarize yourself with standard betting and gaming terminology. If you
are in any doubt about how a game works, please contact a member of our
Solutions Team.
11.3 You confirm that you are fully aware that
there is a risk of losing money when gambling. By using our services, you acknowledge that you are fully
responsible for any losses you may make. You agree that your use of the
services is at your sole option, discretion and risk. In relation to your
gambling losses you shall have no claims whatsoever against us or any of our
group companies or any of our respective directors, officers or employees.
12. Payment of winnings
12.1 Once winnings are available in your account,
you will be able to withdraw them. All cleared winnings
will be credited to your account. These will be available to be withdrawn,
subject to the above terms and conditions relating to withdrawal.
13. Maximum payouts
13.1 Withholding on Winnings
All winnings shall be subject to deduction of tax (“Withholding Tax”)
as per the Income Tax Act under section 35 (1) (i), (3) (h) and Kenya Gazette
Notice {Supplement No. 121 (Acts No. 9)} published on the 21st September
2018.That the withholding tax percentage to be deducted is 20% as per the tax
rate prescribed by the Government of Kenya. This will be deducted from the
total payout (Stake + Winnings)
Example; if you stake Ksh. 100 on odds of 1.5 and win Ksh. 150, then the 20% will
be deducted from Ksh. 50 (Winnings) amounting to Ksh. 10 so total payout is ksh. 140.
Withholding tax which will be remitted by the company to KRA.
13.2 All bets and wagers are subject to maximum
payouts.It is your responsibility to ensure that you are comfortable that a
bet you place, if successful, may exceed the maximum payout limit. The maximum
winning amount for both single and multi-bet is Ksh.500,000
14. Free bet restrictions
14.1 If you have received a free bet, the following restrictions
will apply.
14.2 Your free bet will only be valid on sports. Unless otherwise stated in any applicable promotional terms,
when you receive your free bet, you will be able to use it to place a bet on
any sporting event but you will not be able to use it on any other sections of
the website, for example on virtual sports or Jackpot.
14.3 Your free bets will be added to your account
once the system has been updated. If your free bet is
due to be received after bet settlement, then your free bet will usually be
credited within one hour of bet settlement, unless otherwise specified in any
applicable promotional terms. If you have not received your free bets within
the time specified in any applicable promotional terms or as otherwise notified
to you, you can contact our Solutions Team.
14.4 Some bet types cannot be used. Unless otherwise stated in any promotional terms, your free bet
cannot be used on the following bet types: Jackpot and virtual sports bets. You
should check the Betting Rules to understand how different bet types work.
14.5 When you place any bet after receiving your
free bet, you will be given the option to use your free bet. If you do not select to use your free bet, it will be retained on
your account until it expires and any bets will be made using funds from your
account.
14.6 Your free bet can only be redeemed in full. This means that if you place a bet which is less than the amount of
the free bet, you will not receive any change and no additional free bets will
be awarded to you. Where you have received multiple free bets, they can only be
redeemed in increments of Ksh30. You can spend these in separate Ksh30 bets and
each Ksh30 must be redeemed in full. This means that if you place a bet which
is less than Ksh30 using one of your free bets, you will not receive any change
and no additional free bets will be awarded to you to replace that free bet.
14.8 Your free bet cannot be redeemed for cash at
any time and must be used to place other sports bets. Once you have placed your free bet, any winnings you have made from
your free bet will automatically be transferred to your account balance. You
will not be entitled to any return of your free bet stake.
14.9 If your free bet is voided, you will not be entitled to any
refund and no additional free bets will be awarded to you.
14.10 Your free bet has an expiry date. If you do not use your free bet within 24 hours of receiving it (or
as specified in any applicable promotion), your free bet will automatically
expire and be deleted from your account and you will no longer be able to use
your free bet.
14.11 You cannot use your free bet as a qualifying bet for any
promotions.
15. Upgraded odds rules
15.1 Upgraded odds may have a maximum bet limit. The maximum bet
limit will be shown on the banner or in your bet slip (as applicable). If you
want to place a bet greater than the maximum bet permitted for those upgraded
odds, then you will need to place these at regular odds.
15.2 Upgraded odds may have stake restrictions. Any stake
restrictions will be shown in your bet slip.
15.3 Your upgraded odds bet may sometimes be restricted to a single
selection. If this applies, it will be stated on the key terms in the banner or
in the bet slip.
15.4 Any upgraded odds will have limited availability so once the
promotion is removed from the website, you will no longer be able to take
advantage of this promotion.
16. Use of our website
16.1 Using our SMS or website may incur data
charges. You accept that
visiting our website outside of a Wi-Fi network may result in data charges from
your mobile network provider. We will not be responsible for any data charges
incurred as a result of your using our website.
16.2 Game rules for individual games can be found within the rules
section of the website. Links to these will be provided before you play any
games.
17.Price Changes
All prices are subject to change and may, on occasion, be
restricted to certain stake levels. The prices offered via our different
business channels may vary.
18. Void Bet
“Void Bet” means the bet is null or invalid. This occurs when an
event is postponed/cancelled, or when it has started but not finished within
the period specified in our policy. If a game has been cancelled or postponed
there is always 24 hours wait until the match will be set as void. Once the
match has been set as void (with odd 1.00) the rest of the winning ticket will
then be paid out. If a selection in a single bet is made void the stake will be
returned. Void selections in multiple bets will be treated as non-runners and
the stake will run onto the remaining selections in the bet.
19. 90-Minute Football Bets
What is meant by ’90-minute Betting’, ‘Full Time’ and ‘Normal
Time’? Adult football matches are played over a 90-minute period, and this
period can be called ’90-minutes’, ‘Full Time’ or ‘Normal Time’. All football
bets, unless specifically stating they are for Outright, To Qualify, Extra Time
or Penalties markets, will be settled on the result after Normal Time (90
minutes). During the game, the referee may stop the game for short periods for
substitutions, or if a player gets injured, and at the end of each 45-minute
half the referee adds however many minutes he feels is required to account for
any of these stoppages. This additional time is called “Injury time”. Full Time
and Normal Time are terms for the full 90-minute period, plus any ‘Injury Time’
that the referee chooses to add. Full Time and Normal Time DO NOT include Extra
Time. Some matches may have a FT period of eighty (80) minutes or LESS as per
e.g. FIFA regulations such matches include; U/16, U/17, Women Seniors etc.
20. Abandoned Matches
If a match is abandoned after it has commenced, all bets on that
match will be made void except where settlement has already been determined.
For example, where the first goal has been scored by a named player the First
Goal scorer and Time of First Goal markets, amongst others, will stand.
21. Postponed/Re-Arranged Matches
A postponed match is void unless it is re-scheduled to commence
within 24 hours of the original start time and this is confirmed within 12
hours of the original start time. In such circumstances where (a) void
match(es) is/are included in an accumulator the bet will be settled on the
remaining selections.
22. Prices Fluctuation
All prices are subject to fluctuation up to the kick-off. All
football bets will be settled using Kwikbet website at the time the bet is
placed.
23. Contingencies in Match
Where we offer various betting opportunities from the same match
(e.g. correct score, first player to score etc.) these cannot be combined in
accumulative bets where the outcome is related (except where special fixed
prices are available).
Where an accumulative bet of this type has been accepted in error
it will be settled by equally dividing the stake unit where the related
outcomes clash.
24. Withholding Payment
We reserve the right to withhold payment and to declare bets on an
event void if we have evidence that the following has occurred:
– the integrity of the event has been called into question
– the price(s) has been manipulated
– match rigging has taken place
Evidence of the above may be based on the size, volume or pattern
of bets placed with us across any or all of our betting channels. A decision
given by the relevant governing body of the sport in question (if any) will be
conclusive. If any customer owes any money to Kwikbet for any reason, we have
the right to take that into account before making any payments to that
customer.
25. Results
In the case of Football and other Sports, bets are settled on the
official result published by the relevant event managers or result handlers 3
to 24 hours after the match/event is finished. If the result is not immediately
available from an official channel, then the result published by the official
governing body immediately the match/event is finished will be used for
settling purposes.
Any subsequent corrections or amendments to this result will not
apply for settlement purposes. KWIKBET will settle all bets rapidly but because
of time differences, for some events, bets may be settled overnight or with
some delay.
26. Unacceptable use of our services
26.1 You may not use illegal funds for our
services or carry out unlawful activities on it. By using our services, you confirm that the sources of funds used
by you for gambling are not illegal and that you will not use our services in
any way as a money transfer system. You must not use our services for any
unlawful or fraudulent activity or prohibited transaction (including money
laundering)
26.2 If we suspect you are engaging in unlawful
activities, we may freeze your account access. If we reasonably suspect that you are engaging in or have engaged
in fraudulent, unlawful or improper activity (including but not limited to
money laundering), or conduct otherwise in material violation of the terms and
conditions, we may terminate your access immediately and/or block your account.
In such an event:
(a) we are not obliged to return any funds that may be in your
account. In addition to terminating your access to the services and/or blocking
your account, we reserve the right to prevent you from accessing our website or
accessing any other services we offer; and
(b) we may report you to the authorities. We are entitled to inform
relevant authorities, other online service providers of your identity and of
any suspected unlawful, fraudulent or improper activity and you will cooperate
fully with us in order to investigate any such activity. In the interests of
fair play on our websites it is prohibited to utilize any novel or recognized
betting techniques designed to circumvent the standard house edge in our games.
If the game play on your account indicates that you are using such betting
techniques, we will immediately block the account and retain any funds in said
account.
27. Third party software
27.1 You may need to download applications to use
our services. In order to use some
of our services, you may need to download or otherwise use certain browsing
applications, including applications provided by third parties. You may
therefore be required to enter into an end user license agreement in respect of
such software and you agree to be bound by the terms of it. You also agree not
to interfere with, modify, decompile, copy, or reverse-engineer any software
provided to you as part of our services except if expressly permitted or as
permitted by law.
28. IT failures
28.1 We will take all reasonable steps to resolve
any problems in the software or hardware used by us to provide our services. If you are interrupted from a game and are not able to restart from
exactly the same point, we will take all reasonable steps to treat you fairly
(for example, by reinstating the balance on your account to the same funds as
existing after the last game or bet logged on our servers prior to the problem
taking place).
28.2 We will not be liable if you are not able to
place a bet for any reason (other than due to our negligence). We will not be liable for failures due to technical, hardware or
software malfunction of any kind or lost or unavailable network conditions
which prevent you from entering into any bet or promotion. We will not be
liable for any losses, damages or injury which you incur due to failure to
enter any promotion, including failure to win, acceptance or use of any prize.
Nothing in our terms and conditions will exclude our liability for fraud or
death or personal injury resulting from our own negligence.
28.3 Errors. We make every effort to ensure that we don’t make errors in
accepting bets. However, if as a result of system problems, a bet is acceptable
at a price (which includes the odds, handicap provisions and other terms and
conditions or details of the bet).
If a bet is accepted in error by Kwikbet on an event or outcome for
which no Kwikbet prices are available, the bet will be void and your stake
returned.
A bet accepted on the website or via SMS does not constitute a
legally binding contract between the customer and us. The prices we offer on
all outcomes on display on this website take the form of an advertisement
rather than a contractual term. If we offer mistaken prices, then we are
entitled to decline any bet placed at those prices at any time. In such
instances we will void the bet and return the funds.
29. Responsible Gambling
29.1Playing in our betting platform is supposed to be fun and
harmless but for some people gaming and gambling may go beyond enjoyment and
become a habit that can cause problems for the individual and those around
them.
29.2We take very seriously our responsibility to ensure that we
adopt and maintain a responsible attitude towards gaming and gambling and we
have a number of systems and processes in place to try and avoid problems
developing.
(i) Please try and establish limits for depositing, wagering and
losses before you commence gambling. We have established a Deposits Limits
system which you can access by contacting help@kwikbet.co.ke.
(ii) Gambling is not advised if it interferes with your daily
responsibilities.
(iii) Gambling is not advised if you are in recovery for any
dependency or are under the influence of alcohol or any other substance.
(iv) Gambling is not advised if your primary aim is to recoup
losses.
29.3 Our Solutions team staff receive awareness training on solving
gambling issues. Please feel free to contact our Solutions team if you have any
issues
29.4 Self-Exclusion. Any user that feels that they are developing a problem with
gambling on our website can ask us to suspend or close their User account for a
minimum period of six months ( or nay period requested by the user up to a
maximum of two years) To apply a self-exclusion, please contact help@kwikbet.co.ke
29.5 Deposit Limits. We offer the ability for our customers to limit the amount of money
that they are able to deposit online into their account on either a daily,
weekly or monthly basis. These limits may be revised downwards at any time but
any increase will only be implemented after 24 hours following the request.
This facility will be available in your user Profile on the website, once you
have logged in.
29.6 If you self-exclude, you will not be able to access our
services during that time. You acknowledge and agree that should you choose to
self-exclude from our website, you will not be permitted to open or use a new
account in any other manner during your selected self-exclusion period, until
such self-exclusion has been lifted and the original account reopened. In the
event you are in breach of the foregoing, we shall be entitled to block any new
account you open with another website, forfeit any funds therein, and we shall
not be liable to refund to you any funds you may have wagered or won through
such account. For more information regarding self-exclusion please see our
Responsible Gambling Policy.
29.7 Fraud. KWIKBET will seek criminal and contractual sanctions against any customer
involved in fraud, dishonesty or criminal acts. KWIKBET will withhold payment
(including but not limited to possible payouts and bet amount) to any customer
where any of these are suspected. The customer shall indemnify and shall be
liable to pay to KWIKBET, on demand, all costs, charges or losses sustained or
incurred by KWIKBET (including any direct, indirect or consequential losses,
loss of profit and loss of reputation) arising directly or indirectly from the
customer’s fraud, dishonesty or criminal act.
30. Our rights to make changes
30.1 We may make changes to these terms and will publish
changes on our website. From time to time,
we may make changes to these terms for commercial, customer service, legal or
regulatory reasons, and all changes will be published on our website. The most
up to date terms and conditions will be available on our website. If we are
making material changes to these terms, we will give you as much prior notice
of the changes as is reasonably practicable. All changes will be binding from
the date we specify in the notice. By continuing to use our services, you will
be deemed to accept the changes we make. Please check these terms regularly for
updates. If you are not happy with the changes to the terms, you will be able
to close your account by following the steps set out below and you should cease
using our website.
30.2 We may make changes to any of our services. At our discretion, we may alter or amend or withdraw any betting or
gaming from the services or any part thereof (including any promotions), at any
time, and may alter prices, features, specifications, capabilities, functions
and/or other characteristics of the bets, games and/or services.
30.3 We may remove you from marketing distribution
list at our sole discretion. We may, at any time
at our sole discretion, remove you from marketing distribution lists so that
you do not receive any future offers or promotions from us and are no longer
eligible to qualify for any promotions on via our website. If you have already
met the qualifying criteria for any promotion, then you may be entitled to
participate in that promotion (subject to any expiry or other terms contained
in the promotional terms or in these terms) and you will be entitled to any
winnings associated with that promotion. However, you will not be permitted to
participate in any future promotions.
30.4 We may make changes to our third-party
providers. At our discretion,
we may also engage new or alternative third-party service providers for new or
existing services. By registering or playing with any such third parties, you
thereby provide your consent to any applicable additional terms and conditions of
such third parties as they may be amended from time to time, including but not
limited to any change to the third-party service provider itself.
30.5 Updates to digital content. We may update or require you to update digital content, in
particular to maintain certain security standards and fix any bugs.
31. How to close your account with
us
31.1 Tell us you want to close your account. To end the contract with us, please let us know by doing one of the
following:
(a) call or message us.
31.2 We will charge an inactive account fee if you
do not use your account for an extended period. If you do not use your account for betting or gaming, depositing,
withdrawing or transferring funds, or if it is otherwise inactive, for a period
of at least 6 consecutive months then it will be considered an inactive
account. All inactive accounts will not incur a fee of Ksh200 for each month it
remains inactive (or such lesser fee as would take the balance to zero), which
will be deducted from any funds sitting in that account. Once the balance
reaches zero, the account will be closed and you will need to contact our
Solutions Team to re-open your closed account if you wish to use the services
again. We will notify if your account becomes an inactive account and you will
be given at least 30 days’ notice before any inactive account fee is deducted
from it.
32. Our rights to suspend, end or
cancel the services
32.1 We may end your contract at any time,
including if we suspect that you break these terms. We may restrict your access to Kwikbet, temporarily suspend or
permanently terminate your account, withdraw your offers for bets, void any
bets outstanding to your account, cancel any unmatched bets or cancel and void
any outstanding or matched bets in our absolute discretion without cause at any
time for any reason, including but not limited to if:
(a) we suspect that you are engaging in illegal or fraudulent
activity;
(b) we are required to do so by any applicable law, rule or
regulations;
(c) there is a material technological failure which prevents us
from offering the services;
(d) you do not, within a reasonable time of us asking for it,
provide us with information that is necessary for us to provide the services,
for example, an updated phone number if you have changed;
(e) we suspect you are acting in a manner that may result in legal
liability for you, us or third parties or may be detrimental to the conduct of
our business;
(f) you are taking unfair advantage of us or any other player or
otherwise acting unfairly (e.g. by colluding with other players, attempting to
exceed the maximum pay-out or take advantage of any winnings or bonuses not
otherwise available, attempting price manipulation, taking advantage of any
picture or odds latency in match screening, match fixing or acting either in
conspiracy or concert with another individual in respect of a bet);
(g) we suspect that you may be having difficulties obtaining
credit;
(h) you are prohibited from entering into a bet by any term of your
contract of employment or any rule of a sport governing body or other
professional body which applies to you;
(i) you place a bet on any sporting match or event in which you
take part (or in which a team of which you are a member, or in respect of which
you are employed, takes part); or
(j) we suspect that you have (or may have) otherwise materially
breached these terms and conditions
33. Underage gambling
33.1 Underage gambling is not permitted. The LAW prohibits under 18-year old’s from betting. If we discover
that you are under 18 or were under 18 when you entered into any betting
transactions via our app or website (“under age”):
(a) we will immediately stop you from entering into any betting
transactions or making any withdrawals from or use of your account;
(b) we will investigate the claim that you are or were under age,
including whether in fact you have been betting as an agent for or at the
request of or on behalf of another person; and
(c) we will not return any funds deposited into your account which
were placed by you while you were under age and you will not receive any
winnings you may have made from those bets.
Individuals suspecting underage gambling are encouraged to report
this immediately to our Solutions Team via emailcs@kwikbet.co.ke
34. If there is a problem with the
services
34.1 If you have a complaint, you should contact
our Solutions Team. If you have a
complaint regarding our services, your first step should be to contact our
Solutions Team as soon as reasonably practicable and give them details of your
complaint. This will be escalated as necessary within our Solutions Team until
it has been resolved.
34.2 If our Solutions Team have escalated your complaint and it
still cannot be resolved, you can ask for the dispute to be addressed by our
Head of Betting Operations. We aim to resolve the matter to your satisfaction
as soon as reasonably practicable and will contact you to discuss.
34.3 If for some reason you are not satisfied with the resolution
of the complaint by the company, you can complain to the Betting Control and
Licensing Board (BCLB). Kindly note that by contacting BCLB you are confirming
that you have not breached any of Kwikbet Terms and Conditions.
34.4 If you are not happy after, the parties shall refer the matter
for Arbitration by a single arbitrator agreed by the parties where the chosen
venue shall be Nairobi. Where there is no agreement each party shall appoint a
single arbitrator. Where they are unable to agree the Chairman for the time
being of the Kenyan Chapter of Chartered Institute or Arbitrators shall appoint
one.
34.5 Offensive or rude language as well as malicious or damaging
comments will not be tolerated while contacting our staff or while discussing
our products and services in any media, social network or forum. Any
infringement of this policy will result in a suspension of the Account or in
every additional action as may be required in order to ensure compliance.
35. Indemnity
35.1 You agree to indemnify and hold us and our associated
companies, affiliates, officers, directors, agents and employees harmless from
any liabilities, claims, losses or demands made by any third party arising out
of your breach of these terms and conditions (including documents incorporated
by reference) or out of your violation of any law or the rights of any third
party.
35.2 You acknowledge that Kwikbet and its affiliates will hold
information with respect to your identity, including but not limited to your
name, address and payment details. You agree that we rely on this information
in entering into these terms and conditions and you agree to hold us harmless
against any falsehood or inaccuracy contained in the information you provide
us.
36. Intellectual property rights
36.1 We do not grant you any rights to our
intellectual property. We are the owner or
authorized user or licensee of all the intellectual property rights in our
services and content including, without limitation, any copyright, patent,
designs (registered or unregistered), trademarks, service marks, source codes,
specifications, templates, graphics, logos or any right or elsewhere in respect
of content, databases, formats, interfaces, programming, the offering of
services to other customers, software or any application for any of the
foregoing and any modification, improvements, developments and enhancements
thereof. Except where we have specifically told you, we do not grant any
express or implied right to you in any of its intellectual property rights or
secret information.
36.2 You may not distribute our content to any
third parties. Any content which
you access via our website is for your personal use (i.e. not for business use)
and any usage, distribution or reproduction of this content which is done in
any manner whatsoever without our express written consent is strictly
prohibited.
36.3 Your use of the data on our app or website is
a personal license. This is strictly
provided to you on a personal, non-exclusive, non-sublicensable, non-commercial
purpose to make use of the services. We reserve the right to take any action we
consider necessary, which may include issuing legal proceedings against you, in
order to protect our intellectual property and prevent unauthorized use of our
data, app, website or services.
37. How we may use your personal
information
37.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you
information about similar products that we provide, but you may stop receiving
this at any time by contacting us and we may, at our sole discretion, stop sending
you such SMS at any time.
37.2 We will only give your personal information
to other third parties where the law either requires or allows us to do so. We are required to provide details of any underage access to the
BCLB.
38. Promotional SMS
Our sms’ are meant for transactional purposes whereby they come
automated as a response. But for any promotional sms’ to opt out sms DIAL * 456* 9*5#
39. Other important terms
39.1 We may transfer this agreement to someone
else. We may transfer our
rights and obligations under these terms to another organization. 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.
39.2 You need our consent to transfer your rights
to someone else. You may only
transfer your rights or your obligations under these terms to another person if
we agree to this in writing. We may use our absolute discretion in deciding
whether or not to agree to any transfer.
39.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall
have any rights to enforce any of its terms.
39.4 Even if we delay in enforcing this contract,
we can still enforce it later. If we do not insist
immediately that you do anything you are required to do under these terms, or
if we delay in taking steps against you in respect of your breaking this
contract, that will not mean that you do not have to do those things and it
will not prevent us taking steps against you at a later date.
39.5 We are not responsible for matters beyond our
reasonable control. Without affecting
our obligations under the laws and regulations of the jurisdictions where we
are licensed, we will not be liable for any losses or damage which may result
from any; act of God; trade or labor dispute; power failure; act, omission or
failure of any governmental or authority; failure of any telecommunication
network; or any other delay or failure caused by a third party or which is
outside of our control. If such an event occurs, we reserve our right to
suspend or cancel our services without any liability to you.
39.6 This agreement forms the entire agreement
between us. You acknowledge that
you have not relied on any representation, undertaking or promise given by us
or implied from anything said or written unless expressly stated in these terms
and conditions.
39.7 Notice to us must be sent to our business
offices. Any notices we send to you will be sent to your phone number
you have supplied us with, until we receive notice of any different phone
number.
39.8 Underage clients will have their accounts
closed immediately and any balances forfeited
40 BONUS BETS
By placing bets using our Bonuses, you agree to our terms and
conditions stated under BONUS PROMOTIONS
General Disclaimer
The purpose of this website is to provide information about the
betting market. Nothing on this website should be regarded as either betting
advice or encouragement to engage in betting. Gambling is very risky and
careless gambling can result in the loss of substantial sums of money. We provide absolutely no guarantees, either expressly or
implied, that using the information on this site will either help you make
money, or prevent you from losing money. No person or entity connected with this website shall have
any liability for any losses (monetary or other) incurred through either use or
miss-use of the information published on this website. Viewing any page on the
website indicates that you have read, understood and accepted these terms and
conditions.
These terms were last updated on 17
July 2020.