General Terms & Conditions

1. INTRODUCTION
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1.1 These Terms and Conditions will govern the contractual relationship between SportPesa and the Customer of SportPesa.

1.2 Any bet placed by the Customer and accepted by SportPesa shall be governed by these Terms and Conditions and the applicable provisions of the Western Cape Gambling and Racing Act, 1996 and any Regulations and Rules made in terms thereof, as amended, FICA, and all other applicable national legislation in force in South Africa.

1.3 It shall be the responsibility of the Customer to ensure that he/she is familiar with the prevailing Terms and Conditions, provincial and national legislation. The Customer also undertakes to ensure strict adherence to any policy, guideline or directive issued by the Western Cape Gambling and Racing Board relating to the Customer or to betting generally. The rules and regulations of the Western Cape Gambling and Racing Board can be read at www.wcrgb.co.za. Various links can also be found on the SportPesa Home Page.

1.4 SportPesa may at any time amend, replace or delete any of the Terms and Conditions contained herein. Availability of the Terms and Conditions on the Website of SportPesa shall constitute sufficient notice thereof to the Customer and shall bind the Customer as if it expressly agreed to be bound thereby.

1.5 Should you have any questions and concerns regarding these Terms and Conditions, kindly email your question or concern to support@sportpesa.co.za or call our Support Centre on 08610 47773.

2. LICENSING
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2.1 SportPesa with registration number: 2015/321094/07, is a company registered under the laws of South Africa whose registered address is Unit 215, Radar Dad Building, 17 Queens Park Avenue, Salt River, Western Cape, 7925.

2.2 SportPesa is a licensed Bookmaker in the recreation and entertainment industry that provides a fixed odds betting service. SportPesa is authorised to operate by the Western Cape Gambling and Racing Board under License Number: 10184430-002. SportPesa.co.za and SportPesa mobile are licensed in the Western Cape Province of South Africa. SportPesa is subject to and carries on business in accordance with the provincial legislation, rules and regulations and national gambling laws within South Africa.

3. ELIGIBILITY TO BET
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3.1 The offering on this Website is available to South African citizens and residents with appropriate and valid resident permits.

3.2 No person may apply for a player account or place a bet with SportPesa or enforce any debt arising out of a bet, unless such person:

  • (i) is a natural person (companies, close corporations and other corporate entities are disqualified from betting);
  • (ii) is at least 18 (eighteen) years of age;
  • (iii) has completed in full an account application form and been accepted as an account holder by SportPesa;
  • (iv) is not listed on the register of excluded persons referred to in section 14 of the National Gambling Act, 2004, and
  • (v) is not in breach of these Terms and Conditions.

3.3 The placing of bets by persons under the age of 18 (eighteen) is an illegal transaction which is void in law. SportPesa reserves the right to ask for proof of age from any Customer and the Customer agrees to provide all such information. SportPesa shall be entitled to suspend or restrict the Customer’s account in any manner that SportPesa may deem in the sole and absolute discretion of SportPesa to be appropriate, until such time as satisfactory documentation is provided and the relevant checks are completed to the satisfaction of SportPesa. In the event that any underage account owner is discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely and all funds deposited to the account will be forfeited. In any such suspected circumstance, SportPesa will report the activity to the appropriate authority and the Customer may suffer the consequences thereto.

4. APPLICATION AND OPENING OF AN ACCOUNT
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4.1 Any person (hereinafter ‘the Customer’) wishing to open a Player Account with SportPesa shall complete the account application form posted on the SportPesa Website, or any other channel such as USSD or Mobile Application, as amended from time to time.

4.2 The name of the player must be the same as the name used when registering with SportPesa and must correspond with the registered mobile number. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the Customer should Contact Us.

4.3 The Customer warrants that all information provided in the account application form completed by the Customer is and shall remain true and correct. SportPesa will accept no liability from third parties whatsoever, resulting from the Customer providing incorrect or false data. The Customer undertakes forthwith, and in writing, to advise SportPesa of any and all matters or changes in:

  • (i) the Customer’s legal status or capacity;
  • (ii) the Customer’s continued eligibility to bet; and
  • (iii) any other matter that may reasonably be expected to have a negative impact on the Customer’s ability to manage the Customer’s Account.

4.4 Any Customer who completes the Application form warrants thereby that he/she has read, understood and accepted these Terms and Conditions and all Rules relating to fixed odds betting on sporting events, numbers or any other contingency published on any of the SportPesa Player Channels, regardless whether USSD, Website or Mobile Application, as well as fixture list, printed media, digital or social media mediums at any time; and will be deemed thereby to have made an application requesting SportPesa to:

  • (i) conclude an agreement in accordance with these Terms and Conditions for the provision of a fixed odds betting service to such Customer;
  • (ii) for the purposes of paragraph (i), to open an account in the name of the Customer,

which application shall be deemed to have been granted and opened, if SportPesa informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed account application form.

4.5 SportPesa reserves the right, in its sole discretion to:

  • (i) accept or decline an application for a new account; or
  • (ii) cease accepting bets from a Customer for any reason whatsoever, which reason SportPesa shall not be obliged to furnish or disclose to the Customer for any reason.

4.6 SportPesa shall decline an application for a new account, if:

  • (i) the account application form has not been completed in full; and/or
  • (ii) the information contained in the account application form is found to be incorrect or subject to a material omission; and/or
  • (iii) any information required to be submitted in conjunction with the application form or requested by SportPesa prior or subsequent to the submission of the application form is not provided by the applicant in the manner and form or within such timeframes as SportPesa may specify.

4.7 Each Customer:

  • (i) may open only one account; and
  • (ii) may not open an account in the name of or on behalf of any other person. Should SportPesa identify any Customer with more than one account, SportPesa reserves the right to close these accounts.

4.8 Betting with SportPesa and access to the SportPesa Website may not be legal for some persons in certain countries. At all times during the subsistence of the Customer’s subscription/participation, it is the Customer’s responsibility to ensure that the Customer is not infringing on any laws in their jurisdiction when opening an account and conducting business with SportPesa. SportPesa does not intend that the Website should be used for betting or any other purpose in countries or jurisdictions where such activities are illegal; and will not accept any responsibility under any law in any jurisdiction other that of South Africa.

5. SECURITY
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5.1 SportPesa will treat all betting and winnings as confidential and will not disclose any information regarding any betting transaction to a third party, unless it is authorised to do so.

5.2 The Customer shall be solely responsible for the safekeeping and proper use of all of the Customer’s account details and other information that will enable the Customer to place a bet. The Customer must keep their account number, login ID and password secret at all times, which information should never be shared with third parties or sent to SportPesa by any encrypted form. The Customer undertakes to notify SportPesa immediately if the Customer’s account information is lost, stolen, misappropriated, or utilised by someone other than the Customer or the Customer has reason to believe that any of these circumstances has occurred, as well as change the Customer’s security details immediately.

5.3 The Customer shall be liable for all bets placed with SportPesa and any payments made by/to SportPesa in respect of any purchase and/or transaction concluded on the Customer’s account by an authorised or unauthorised third party. SportPesa is not liable for any loss or damage that the Customer may suffer as a result of a transaction made by a third-party with or without the Customer’s prior consent. The Customer shall be liable for any and all claims, losses, liabilities, damages, costs and expenses (‘claims’) incurred or suffered by SportPesa arising from a transaction made by a third party and shall indemnify and hold SportPesa harmless on demand for such claims.

6. ACCOUNT RULES
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6.1 The Customer agrees to abide by these Terms and Conditions at all times and warrants that, the Customer:

  • (i) shall not act in the interests of any third party;
  • (ii) shall not apply for or hold more than one account with SportPesa;
  • (iii) shall not apply for an account in the name of or on behalf of any other person, whether real or fictitious;
  • (iv) shall not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, user name or personal identification number as is or may be furnished to the Customer by SportPesa from time to time.;
  • (v) shall not utilise money obtained from ill-gotten means including, but not limited to, any amount that has been incorrectly credited to his betting account as a result of an incorrect deposit entry (whether done erroneously or deliberately and fraudulently), a prohibited betting transaction, an incorrect result or incorrect benefit which does not rightfully accrue to him. SportPesa shall be entitled to void any and all winning betting transactions where applicable and claim from the Customer all amounts wagered on unsuccessful betting transactions;
  • (vi) shall not credit accounts with bank/credit card/s that the Customer is not authorized to use;
  • (vii) shall not try hack SportPesa’s Mobile service, Website and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override or manipulate the system or in any way commit fraud or any other crime;
  • (viii) shall not adopt any criminal behaviour against SportPesa, its affiliates, its Customers or any third party;
  • (ix) shall not mislead SportPesa by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one’s identity, untruthful behaviour or hiding one’s true location and/or age;
  • (x) acknowledges that SportPesa is not a financial institution or a currency exchange bureau and shall not use SportPesa as an intermediary to transfer funds, used or unused with or without ill intentions. Withdrawals requested when deposited funds have remained unused for betting transactions will be treated as Suspicious Transactions in accordance with FICA, and will be reported to the relevant authorities as such;
  • (xi) shall not use abusive, aggressive or obscene language/ behaviour towards representatives of SportPesa across any of our support platforms (chat, email, telephone, outlets). Should the Customer decide to communicate with us in this manner, the Customer will be denied access to any and all of our support platforms;
  • (xii) shall not sell, transfer or acquire accounts to/from other Customers. SportPesa may in its sole discretion reopen an account if there is sufficient proof to the satisfaction of SportPesa that a transfer was done in error;
  • (xiii) shall not deliberately setup multiple accounts with misleading information displaying criminal behaviour or fraudulent intentions;
  • (xiv) shall not make use of electronic added or other devices, such as robots, computers that distort normal and fair game play;
  • (xv) is not prohibited from entering into any betting transaction by any term of contract of employment or any rule of a sport governing body which applies to the Customer;
  • (xvi) is not listed on the register of excluded persons referred to in section 14 of the National Gambling Act, 2004.

6.2 In the event that the Customer breaches one or more of the aforesaid Account Rules, SportPesa reserves the right to suspend or terminate the Customer’s account. SportPesa shall be entitled to withhold and/or retain any and all amounts earned or received (including any winnings or bonus payments) by the Customer as a result of or in connection with the Customer’s unauthorised/illegal use of the services/products/platforms. In addition, the Customer shall be liable for any and all claims, losses, liabilities, damages, costs and expenses (‘claims’) incurred or suffered by SportPesa arising therefore and shall indemnify and hold SportPesa harmless on demand for such claims. SportPesa will also accept no liability form third parties whatsoever, resulting from the Customer providing incorrect or false data.

6.3 In any such suspected circumstance, SportPesa will report the activity to the appropriate authority or governing body.

6.4 Furthermore, SportPesa reserves its right to freeze all accounts which it, in its sole discretion, believes or has reason to believe are suspicious pending an investigation by the relative authorities, be they SARS and/or FIC investigators, and personal verification by SportPesa or its appointed agents.

7. TERMINATION OR SUSPENSION OF ACCOUNT
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7.1 As per condition 4.5 above, SportPesa reserves the right prior to accepting any bet, to suspend or terminate betting services to a Customer without providing any reason.

7.2 Without limiting the provisions of the preceding sentence, SportPesa shall be entitled to close or suspend the Customer’s account if it considers that any of the following events may have occurred or are likely to occur:

the Customer has used the services/products/platform in a fraudulent manner or for illegal and/or unlawful or improper purposes; and/or

that the Customer has used the services/products/platform in an unfair manner or have deliberately cheated or taken unfair advantage of SportPesa or any of its Customers; and/or

Customer opened more than one account; and/or

is in breach of these Terms and Conditions.

7.3 A dormant account is an account that has not been accessed for 30 (thirty) months with or without a cash balance. Once the Customer’s account becomes dormant, SportPesa, in accordance with the applicable law, shall close the Customer’s account and transfer the Customer’s remaining account balance to a dedicated corporate account of SportPesa.

7.4 The Customer shall upon written notice to SportPesa be entitled to terminate its contractual relationship with SportPesa at any time after final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to SportPesa.

7.5 Upon such suspension or termination, where it is proved that these Terms and Conditions have not been breached:

SportPesa shall upon demand of the Customer, refund to the Customer the balance of any monies held by SportPesa on deposit for the Customer, after adjusting for losses, winnings and taxes and once such funds have been cleared into SportPesa’s bank account;

any amounts owing by the Customer to SportPesa shall become payable immediately.

7.6 SportPesa shall accept no further bets from a Customer in respect of whom the provision of services pursuant to these Terms and Conditions has been terminated, unless and until a fresh account application form has been submitted by the Customer and accepted by SportPesa.

8. FICA
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8.1 SportPesa is bound by the provisions of the Financial Intelligence Centre Act, No. 38 of 2001, as amended (“FICA”). Where FICA sets out procedures or requirements in relation to Customer registration and identification, or any aspect of the business relationship between SportPesa and the Customer, SportPesa will operate in accordance with such procedures and/or requirements. Where FICA does not specify such procedures and/or requirements, then SportPesa shall implement its own procedures and/or requirements, as set forth in its Risk Management Compliance Programme. For further information on FICA, please log on to www.fic.gov.za.

8.2 SportPesa will establish business relationships only with natural persons.

8.3 SportPesa will carry out the a further detailed and comprehensive investigation in the event of any of the following:

  • (i) deposits made in excess of R5 000.00 in a day;
  • (ii) any withdrawal in a day exceeding R5 000.00;
  • (iii) where the sum of the withdrawals during a 30-day period exceeds R25 000.00;
  • (iv) the same payment instrument is being used to deposit into multiple betting accounts;
  • (v) where a substantial amount, or the full amount of an amount previously deposited is withdrawn without having engaged in any betting transaction.

8.4 Where a new business relationship is established with a Customer, SportPesa reserves the right to request the following information / documents:

  • (i) the Customer’s Identification Document and Passport (in the case of a foreign national);
  • (ii) proof of the Customer’s Residential Address (i.e. utility bill)
  • (iii) to reconfirm the nature and purpose of the intended business relationship, and
  • (iv) to reconfirm the source of funds which the Customer will use in conducting betting transactions during the course of that business relationship.

8.5 By accepting these Terms and Conditions, the Customer confirms that the source of funds from which the Customer will be using to fund their betting account is salary and wages.

8.6 By accepting these Terms and Conditions the Customer confirms that a betting account is being established by the Customer for the sole purpose of placing bets with the bookmaker.

8.7 Once a business relationship has been established with a Customer, an account will be created in the name of the Customer and the Customer will be required to log in to his/her SportPesa account for the purpose of entering into betting transactions with SportPesa, using his/her personalised login details, including a dedicated user name and password.

8.8 If there is any difference between the information entered by a Customer at the time of logging in to his/her account, and the information supplied to SportPesa by the Customer at the time of establishing the business relationship, the Customer will not be able to gain access to his/her account and will be required to contact SportPesa for assistance.

8.9 The following procedures will be followed by SportPesa in relation to a Customer in respect of whom physical proof of identification and residential address may be required from time to time:

  • (i) Where an identification document is transmitted to SportPesa via WhatsApp or electronic mail, such documents will be required to be current (unexpired in the case of passports and driver’s licenses) and in certain circumstances, may be required to be certified as true copies of the original.
  •  A driver’s licence may be accepted as proof of identification, provided that:

    • (a) the Customer is unable to produce an Identity Document for reasons which are acceptable to SportPesa in the circumstances;
    • (b) the driver’s licence is valid/current (has not expired), and
    • (c) the driver’s licence reflects, on the face thereof:
      •  a photograph of the bearer;
      •  the full names or initials and surname of the bearer;
      •  the date of birth of the bearer, and
      •  the Identity Number of the bearer.
  • (ii) Utility bills and similar documents submitted as proof of residential address shall be dated no earlier than 3 (three) months prior to the date of submission to SportPesa thereof.

8.10 SportPesa is required to make reports to the Financial Intelligence Centre in the event of:

    (i) Suspicious or unusual transactions, and

    (ii) Transactions entered into by persons suspected of intending to commit or of having committed any offence contemplated in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

8.11 SportPesa reserves the right to suspend any account that has not met FICA requirements.

8.12 SportPesa reserves the right to check the details of the Customer ID submitted by them with 3rd (third) party agencies to determine the authenticity of it.

9. CONTINGENCIES IN WHICH BETTING IS OFFERED
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9.1 SportPesa shall, in its sole discretion, determine the markets, events or contingencies on which betting shall be offered by it.

9.2 In-Running Betting

9.2.1 SportPesa may, in its sole discretion, from time to time offer the opportunity to Customers to place bets during the course of a certain event (“In-Running bets”), provided that SportPesa may not accept In-Running bets in respect of an event that forms part of a series of events over a period of time. An example of In-Running bets is betting that occurs after the official start, but before the official end of an event. In-Running bets are only available on certain sports.

9.2.2 SportPesa shall continuously update the odds in respect of In-Running bets during an event to reflect the current status of the game.

9.2.3 For all bets placed In-Running, the rules before the start will apply except where otherwise offered by a difference in selections, prices or markets offered.

9.2.4 SportPesa reserves the right to suspend and re-open In-Running bets during the event concerned. No bets will be accepted when the betting is suspended.

9.2.5 When a Customer bets on the SportPesa Website or Mobile Application, In-Running odds may be subject to a time delay prior to acceptance. If a price of a bet changes after it is requested, but before the bet is accepted, the bet will be re-offered at the new price. A further time delay will apply if a new price is subsequently requested. If the bet is suspended after the price is requested, but prior to acceptance of the bet, the transaction will be declined if you attempted to accept the bet.

9.2.6 Where a blatant or palpable error is made in transmission on any event on which there is live betting, bets will be settled at the correct price at the time at which the bets was placed.

9.2.7 Where SportPesa has reason to believe that a bet was placed after the outcome of an event is known, SportPesa reserves the right to void the bet. Where any In-Running event is not completed all bets on that event shall be void except bets where the contingency has already been determined.

9.2.8 SportPesa reserves the right to amend the odds on any bet if that bet was placed during the period when betting should have been suspended for any reason.

9.3 Dead Heat

9.3.1 In the event of a dead heat or a tie, where odds were not offered by SportPesa on such an outcome and the event was not a “draw no bet” event, bets will be paid at the face value of the ticket divided by the number of competitor’s dead-heating or tying for that placing. Place ties will only be paid on an event for which place betting was available and the winnings thereon will be calculated by multiplying the face value of the ticket by the remaining number of places available and divided by the number of competitors tying for those available number of placings.

9.3.2 In the event of a dead heat where odds were offered by SportPesa on such an outcome, then all win or place bets will be losers and the draw option will be paid on the winner.

9.3.3 Save in respect of the aforegoing the dead heat rule below shall mutatis mutandis apply in respect of all sports / events and bets thereon.

9.4 Ante-Post Betting

9.4.1 An ante-post bet is a bet on a medium to long term feature event (E.g. World Cup Soccer), taken before the start of the event.

9.4.2 In the case of weather or outside influences that cause an event to be postponed or rescheduled to another day, then all ante-post bets shall stand. Ante-post bets may include initial entrants that do not ultimately participate in the event and bets wagered on such will be considered losers.

9.4.3 An ante-post bet will be void where the event on which the ante-post bet has been placed is officially abandoned, the conditions of the event altered or if the venue of the event has been changed. In these circumstances any Multi Bet, which includes this selection, will be paid out on the remaining selections.

9.5 Related Bets

Any bets accepted by SportPesa, either inadvertently or erroneously, which are deemed to be related or interdependent, will be split by SportPesa in order that they are no longer related. The total stake on the original bet will be split equally between the related bets.

Example: Everton to win in 90 minutes (price even money 1/1) and Everton to win with exact score of 2-0 (price 7/1) will erroneously return a multiple price of 15/1. A bet of 1500/100 will be corrected to two bets, namely R50 on Everton to win in 90 minutes (price 1/1 bet would be 50/50) and a bet of R50 for Everton to win with exact score 2-0 (350/50).

9.6 Early Betting

Where SportPesa provides betting on individual matches well in advance of the proposed date and bets are taken on those matches, then changes to the proposed date, whether brought forward or delayed, shall be binding on the outcome of the bet. E.g. Premier League fixtures are available 3-weeks in advance and a selection of Everton is made for that round but Everton’s proposed weekend game is brought forward to the midweek as a result of Cup commitments (or any other reason), then the result of the midweek Everton match shall be valid for the settlement of the bets. Similarly, if the match is postponed for a period of more than 48 (forty-eight) hours, all bets shall be void.

9.7 Suspension of Markets

SportPesa reserves the right to suspend a market at any time. When a market is suspended any bets placed during that suspension will be rejected and any bet accepted will be void.

9.8 Special events

All special events on which bets are offered by SportPesa shall be deemed to be sporting events even if they fall outside the scope of sport. All the Terms and Conditions relating to sport as well as the specific discipline rules in respect thereof shall apply to special event bets.

9.9 Live betting (a.k.a. In Running)

9.9.1 Note that certain ‘live’ feeds - be they on TV, radio, or the internet, are subject to delays and as such an event may be slightly behind or slightly ahead of other users.

9.9.2 There will be a delay before placing all live bets, the length of which varies depending on the sport. If the odds change during the delay between clicking “bet” and the bet actually being placed, the Customer will be given the option of placing the bet at the new odds or not placing the bet at all. Similarly, any live scores displayed on the site during a ‘live’ event are for guidance purposes only and SportPesa will take no responsibility for errors.

9.9.3 SportPesa reserves the right to void any bets placed after the outcome of an event is known. Should a bet be placed with incorrect odds due to delayed ‘live’ coverage of an event and where a team has gained a significant advantage as stated above, bets will be voided.

9.9.4 Odds on all selections change regularly to reflect fluctuations in the market or changes in the events themselves. In some cases, the odds/handicap may change between the time the Customer added his selection to the bet slip, and the time the Customer submitted the bet.

9.9.5 If the current odds/handicap is different from the odds on the bet slip the Customer will be required to confirm whether he/she wishes to place the bet with the new odds. For example, if the odds on the bet slip are 3.5 but the revised/current odds are 3, the Customer will be required to confirm that he/she still wishes to place the bet at the revised odds of 3.

9.10 Minimum and Maximum bet stakes

9.10.1 SportPesa may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether any such maximum or minimum is applicable to that market and, if so, the extent thereof.

9.10.2 The Minimum and Maximum Bet Stakes are as follows:

    (i) Minimum Bet Amount: The minimum betting amount for a single/multi bet is R1.00;

    (ii) Maximum Bet Amount: The maximum betting amount for a single/multi bet is R3 000.00.

9.10.3 The bet sizes set afore are subject to change at SportPesa’s discretion. You are not permitted to place bets or try to place bets that are below the minimum bet limit or exceeded the maximum bet sizes threshold.

9.10.4 Players may apply for higher bet limits and written agreements can be reached to increase these limits. Please contact support to initiate this process.

9.10.5 All bets are subject to the Betting Coverage provisions (including maximum winnings) set out in these Terms and Conditions.

9.11 Maximum Winnings

9.11.1 SportPesa may determine minimum or maximum amounts that a Customer may win or lose in respect of a bet, whether in general or in any given case.

9.11.2 Where limits apply, the Customer hereby agrees not to enter into a further betting transaction of the same kind, so as to circumvent this rule (whether by making use of the Customer’s own account or by utilising the account of another person). In the event that this occurs, the Customer acknowledges that SportPesa will have the right, in its sole and unfettered discretion, to cancel the original and any other similar betting transactions to which the Customer is a party, whether before any of the events indicated in the betting transaction have commenced or during or after any of such events have commenced and/or have been completed. In such circumstances, the Customer will only be entitled to a refund of the amount staked and will not be entitled to claim any winnings should the whole and/or part of the betting transaction have been successful.

9.11.3 A bet is accepted on the basis that it is an investment on the part of a Customer. The maximum amount that can be won (excluding stake) by a Customer in one days’ betting, regardless of stake, from any bet(s) placed or the terms of said bet(s), is set out in the table below but subject otherwise to a maximum of R1 000 000.00 - per Customer per day, save in respect of the exception, which is:

9.11.3.1 a bet consisting of 6 or more legs on a soccer Multi Bet, in which event the maximum pay-out limit shall be R6 000 000.00 (six million rand) per Customer per day.

Maximum Winnings Table

Sport

Event/League

Bet Type

Pay-out Limit

       

Soccer

All Leagues

Single Bet

R 20 000.00

   

2 legs

R 100 000.00

   

3 legs

R 300 000.00

   

4 legs

R 400 000.00

   

5 legs

R 500 000.00

   

6 or more legs

R6 000 000.00

Any other sporting event other than Soccer

 

Single Bet

R 20 000.00

 

Doubles

R 50 000.00

 

Other Multi Bets

R 100 000.00

9.11.4 As a definition, Customer shall mean a Customer, bettor, punter or syndicate of Customers or any group of people acting in conjunction with each other, as may be determined by SportPesa in its sole discretion.

9.11.5 If a number of bets containing the same selections are placed by more than one Customer and SportPesa has reason to believe that these bets originated from or were placed on behalf of the same Customer, syndicate of Customers or any group of people acting in conjunction with each other as may be determined by SportPesa in its sole discretion, SportPesa reserves the right to limit the total winnings payable in respect thereof to the maximum amount that a single Customer may win on one day’s trading, being the lesser of the value in the table below or R1 000 000.00, save in respect of the exception as aforesaid. SportPesa, in its sole discretion, shall determine if a bet has been placed by a nominee or on behalf of a single Customer and SportPesa’s decision in that regard shall be final and binding.

9.11.6 Where bets have been placed on different days in respect of an event or events held on the same day, the maximum amount that one Customer may win on one day’s trading is determined by the day that the final event/market is resolved, and not on the individual day on which each bet was placed and accordingly limited to the lesser of the maximum amount displayed in the table below or R1 000 000.00 per Customer per day per event, save in respect of the exception as aforesaid.

9.11.7 Notwithstanding the aforesaid daily limit, where the selection of Multi Bets is made from the different categories listed in the maximum winnings table below, the lowest daily maximum winnings recorded in the table above will apply.

9.11.8 Where a Multi Bet has 6 or more legs, of which the majority is soccer, but includes other sport(s), the maximum winnings on a such a Multi Bet shall not exceed R1 000 000.00 (one million rand).

9.11.9 Any bet placed by a Customer in excess of the pay-out limit will be accepted, whether they are winning or losing bets, and paid out subject to the pay-out limits prescribed.

10. BETTING RULES
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10.1 Definitions

In these rules the following words have the following meanings unless the context requires otherwise:

10.1.1 ‘Bet’ means the staking of money on the prediction of the outcome of a sporting event.

10.1.2 ‘Odds’ means the return on the money staked. Should the prediction recorded in a bet be correct, the payout will be returned to the customer as a calculation of prevailing Odds at the time the bet is struck, plus the Stake. For e.g., in a 1X2 market, the price of the home team reflects as ‘3’ – these are odds of 2/1 (return of ‘2’ to stake of ‘1’, for a total of 3).

10.1.3 ‘Void’ means that if for any reason, a bet is not acceptable to SportPesa, it will be voided. In such cases, the bet, or part of the bet, will be settled at odds of 1.00. In the case of Multi/combination bets, the invalid result will not be included in the calculation of the (total) odds. In the case of a single bet this would mean the stake is returned to the Customer.

10.2 Method for placing bets

10.2.1 The Customer may place his/her bets as follows:

    (i) any SportPesa Mobile Phone Application for the placing of bets; and/or

    (ii) a bet placed on the SportPesa Website; and/or

    (iii) a bet placed with SportPesa using its USSD string via the number furnished by SportPesa from time to time.

10.2.2 Bets are not accepted in any other form and where received will be void.

10.2.3 The Customer can only place a bet if the Customer has successfully registered with SportPesa and has sufficient funds.

10.2.4 All bets are placed at the Customer’s own risk and discretion. By placing a bet, the Customer confirms the Customer’s wilful intention to conclude such a transaction. A bet, once concluded, will be governed by the version of Terms and Conditions valid at the time the bet was accepted.

10.2.5 The placement of a bet signifies that the Customer acknowledges that he/she has read, understood and accepted in full all Terms and Conditions and Sports Betting Rules regarding the bets offered by SportPesa, as stated on SportPesa’s Website and all other media/electronic platforms.

10.2.6 SportPesa takes responsibility for all aspects relating to the transaction, customer service and support and dispute resolution.

10.2.7 Whenever a player shall place more than one bet on the same event, each such bet shall be considered as a different bet. The list of all such bets, their status and further details are available to the Customer on SportPesa’s Website for 30 (thirty) days.

10.2.8 The Customer shall be responsible for ensuring that he/she has full knowledge of the rules applicable to the market within which he/she proposes to place a bet.

10.2.9 Additional or new markets may be made available by SportPesa from time to time. It is the responsibility of the Customer to read the ‘Market Rules’ applicable before placing any bets.

10.3 Acceptance of Bets

10.3.1 For a bet to be accepted by SportPesa, it must be a valid bet. A valid bet is:

    (i) one which has been offered by SportPesa;

    (ii) in respect of which SportPesa has issued a betID;

    (iii) taken by a person of 18 (eighteen) years or older;

    (iv) is a bet taken by a person who has not been self-excluded;

    (v) not fraudulent;

    (vi) is not a credit bet;

    (vii) has been placed with SportPesa using any one of the prescribed methods used by SportPesa from time to time to offer bets to Customers;

    (viii) is not a void bet as may be determined elsewhere in the Terms and Conditions.

10.3.2 SportPesa may in its sole discretion elect whether to accept or reject a bet requested, or any component thereof. SportPesa shall also not be obliged to pay out monies in respect of a bet that is not a valid bet. All bets are placed at the Customer’s own risk and discretion.

10.3.3 All bets accepted by SportPesa are on Full-Time, unless otherwise stated.

10.3.4 Bets are processed in the order they are received.

10.3.5 Irrespective of the origin or physical location of any electronic signal pursuant to which bets are struck, any betting transactions between SportPesa and the Customer shall be valid only once such bet has been accepted electronically by a software programme operated by SportPesa. Any such bet will be deemed to have been placed at such licensed premises.

10.3.6 The time of acceptance of a bet shall be the time at which such bet was recorded on SportPesa’s wagering system. Any bet alleged to have been placed in respect of which details are not recorded on or reflected by SportPesa betting terminals or wagering software, will not be recognised by SportPesa.

10.3.7 SportPesa shall accept bets during normal South African business hours and at such other times as SportPesa may deem fit.

10.3.8 SportPesa shall furnish such confirmation of a bet to the Customer as may be required by law or reasonably requested by the Customer. This can be done by viewing his/her list of pending bets or to call our call centre.

10.4 Cancellation, Suspension or Void Bets

10.4.1 Once a betID has been logged or issued to you, bets may be cancelled within 10 (ten) minutes of placing the bet prior to the Kick-off of the game through calling the call centre, through USSD or the Android App. It is your responsibility to ensure that the details of all bets are correct. If you dispute the nature, type and odds in respect of any bet SportPesa’ transaction log database will be final and binding in determining the outcome of that dispute.

10.4.2 SportPesa reserves the right to suspend and/or cancel any bet at any time. When a bet/wage/ or gaming is suspended, any bets entered will be rejected.

10.4.3 SportPesa reserves the right to cease betting on any region within the jurisdiction at any time without notice.

10.4.4 Any bet accepted after the starting time of the event on which such bet is struck (other than In-Running bets) shall be null and void and of no force or effect.

10.4.5 Any bets taken on results already known at the time of placement of bets will be voided/cancelled by SportPesa. SportPesa reserves the right to declare all bets on an event/s invalid if they emanate from a group of Customers who appear to have had knowledge of the outcome of such event/s, e.g. syndicate betting.

10.4.6 The Customer agrees that at the time the Customer placed his/her bet(s), the Customer has no knowledge as to the outcome of the respective event(s). The Customer is not allowed to bet on events where the Customer is directly involved or has access to insider information. Where there is suspicion of collusion/fraud or any activity leading to the violation of this rule, SportPesa retains the right to void the bet and/or retain the winnings. SportPesa also retains the right to take any further action to protect its legitimate interests and to comply with local and international laws and regulations. Any suspicious activities may also be submitted to various monitoring agencies that are set up to protect and uphold the integrity of sports and betting.

10.4.7 Should SportPesa decide to close the Customer’s account for any reason, bets which have already been placed and accepted within the general Terms and Conditions and sports rules will not be voided, and the Customer will be paid any accrued winnings at the time the result becomes known. Should security questions arise in relation to an account, SportPesa reserves the right to void such transactions (bets) within the legal and regulatory scope of its operations, retain and exercise its right of lien on such winnings and remit any amounts less any applicable charges.

10.4.8 If, for any reason SportPesa is unable to validate the outcome of a particular market (e.g. due to loss of live coverage), all bets will be void, unless settlement of bet is already determined.

10.5 Time

10.5.1 All times stated on the Website, Mobile service and all other media/electronic platforms and/or referred to by SportPesa relate to South African Time unless stated otherwise.

10.5.2 Any bet accepted after the Kick-off will be settled at the discretion of SportPesa.

10.5.3 For events where there is no official ‘Kick-off time declared, the advertised start time of the event will be deemed to be the ‘Kick-off’. If for any reason a bet is inadvertently accepted after an event or match has commenced, it will be voided.

10.5.4 Disputes over times bets are placed will be settled using the transaction log.

10.6 Results

The result of any event will be accepted and posted by SportPesa in accordance with the first official result of that particular event, irrespective of any subsequent revocation of that result due to disqualification or otherwise.

10.7 Interruption, Abandonment or Suspension of Match / Event

In the instance where a match is postponed, cancelled, abandoned, interrupted or suspended the following principles will be applied in settling bets:

10.7.1 Where a game if officially or otherwise postponed, cancelled, abandoned, interrupted or suspended, SportPesa reserves the right to cancel the bets placed on that game immediately or wait up to 36 (thirty-six) hours and refund the Customer’s money thereafter.

10.7.2 If a bet has been established before the interruption, abandonment or suspension, bets will stand and settlement will occur as expected.

10.7.3 If a bet has not been established at the time of interruption, abandonment or suspension, all bets will be void.

10.7.4 If a match is interrupted abandoned or suspended during the second half then all first half bets will stand and settlement will occur.

10.7.5 Where a match is interrupted, abandoned or suspended, and the result is conclusive, the bet will stand and settlement will occur.

10.7.6 Where the match is postponed, cancelled, abandoned, interrupted or suspended, in the case of a single bet, the bet will be evaluated as "won" with odds of 1.00. This means that the Customer will be refunded the amount equal to his stake.

10.7.7 Where the match is postponed, cancelled, abandoned, interrupted or suspended in the case of a Multi Bet, the particular game resulted with an odd of 1.00. This means that the total odds will be adjusted accordingly and the Multi Bet can still be won, if all other bets are won too.

10.7.8 In the case of any subsequent replays/completions, award of the match resulting by governing bodies or pools, panel decisions, will not count toward settlement.

10.8 Where a bet is won

10.8.1 Where a placed bet is won, an SMS will be sent to the Customer’s number with a message that the Customer has won and the new balance of the Customer’s account will be shown.

10.8.2 Payouts will be returned to Customers on fixed odds bets by calculating prevailing odds at the time the bet is struck, plus the stake. For e.g, in a 1X2 market, the price of the home team reflects as ‘3’ – these are odds of 2/1 (return of ‘2’ to stake of ‘1’, for a total of 3).

10.8.3 Winnings will be paid into the Customer’s account after the final result is confirmed. Any later amendment to the result, e.g. disciplinary procedures (doping) or intervention by ruling bodies which lead to a post-event modification of the result, will not be taken into account for the purpose of determining the outcome of a bet. However, SportPesa reserves the right to set aside any winnings, should there be investigations into an event as a result of a suspicion of criminal activities that may have affected the result of the event. If any irregularity is confirmed, SportPesa retains the right to void any affected bets.

10.8.4 Winnings from settled bets are added to the balance of your betting account. Any funds/winnings credited to an account in error are not available for use, and SportPesa reserves the right to void any transaction involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively.

10.8.5 In the case of Multi Bets (e.g. doubles, trebles, 4-folds, etc.) placed in the form of a combination of multiples through the bet slip (e.g. 3 X Doubles, 2 X Trebles), all bets submitted through this combination will be settled once the final event in the combination has been settled. For example, should the Customer select three markets in the Customer’s bet slip and place the maximum combination of three Doubles, all three Doubles will not be settled until the final market has been settled*.

*Some matches may have a FT period of eighty 80 (eighty) minutes as per FIFA regulations such matches include; U/16, U/17, Women Seniors, some international friendly games etc.

10.8.6 Should SportPesa decide to close the Customer’s account for any reason, bets which have already been placed and accepted within the general Terms and Conditions and sports rules will not be voided, and the Customer will be paid any accrued winnings at the discretion of SportPesa. Should security questions arise in relation to an account, SportPesa reserves the right to void such transactions (bets) within the legal and regulatory scope, retain and exercise its right of lien on such winnings and remit any amounts less any applicable charges.

10.9 Errors

10.9.1 SportPesa recognises that whilst it takes all possible steps to prevent errors during the course of betting transactions, errors may arise as a result of, inter alia, computer hardware and or computer software or human errors. Such errors may include the failure of the computer system to reject certain betting transactions e.g. related bets or betting transactions that exceed the limit impositions, or reflect the incorrect odds or handicaps or have an event (other than an In-Running event), open after the scheduled start time. In all these events SportPesa shall be entitled to correct these errors or cancel the betting transactions. SportPesa will endeavour to communicate with the Customer with regard to any correction/cancellation, the failure by the Customer to receive such communication shall not entitle the Customer to contend for the existence of a valid and binding betting transaction.

10.9.2 SportPesa reserves the right to correct any errors in odds offered by SportPesa at any time by substituting the corrected odds as determined by SportPesa, in its sole discretion in respect of the event concerned, for the original SportPesa price, regardless of whether or not the bet has been struck, in which event you will be deemed to have been offered and where applicable, accepted and accordingly the bet to have been struck at the corrected odds.

10.9.3 SportPesa reserves the right to correct any errors in sports betting handicaps offered by SportPesa at any time by substituting the corrected sports betting handicaps as determined by SportPesa, in its sole discretion in respect of the event concerned, regardless of whether or not the bet has been struck, in which event you will be deemed to have been offered and where applicable, accepted the corrected sports betting handicaps and accordingly the bet to have been struck at the corrected sports betting handicaps.

10.9.4 If a Customer should realise or suspect that SportPesa’s computer system and/or its employees or agents may have made an error in accepting a betting transaction, then the Customer is urged to communicate with SportPesa to determine whether in fact an error has taken place and thereby avoid the potential dispute and disappointment when the betting transaction concerned has been corrected or cancelled.

10.9.5 It must be borne in mind that the Western Cape Gambling Board has held that Bookmakers may, in compliance with its Terms and Conditions, retrospectively void or amend bets which were erroneously accepted in conflict with the SportPesa’s Terms and Conditions.

10.9.6 SportPesa reserves the right to correct results where they have been previously incorrectly processed and paid. SportPesa accounts which have been incorrectly credited with incorrect winnings as a result will be adjusted to reflect the corrected position or where Customers are incorrectly paid in cash with incorrect winnings, then the incorrect winnings will be deducted from Customers’ SportPesa account, and account holders hereby authorise SportPesa to do so and also waive all and any claim which they may have against SportPesa for payment of any amount incorrectly credited to their accounts or incorrectly paid to them in cash.

10.9.7 Any error in venue, time, date, team composition, identity of any competitor or result of any past event in respect of any event advertised by SportPesa, shall not entitle the Customer to a refund of stakes or to void the bet concerned.

SportPesa assumes no responsibility for typing, transmission and/or evaluation errors. In particular, SportPesa reserves its right to correct obvious errors - even after the event - with the input of betting odds and/or the evaluation of betting results (e.g. odds-related, team-related, event-related errors) or declare affected bets void. SportPesa also assumes no liability for correctness, completeness or up-to-minute preciseness of the information services provided, for example live scores and result messages sent via e-mail or SMS. The stake is exclusively the amount confirmed and recorded by SportPesa. In case the erroneous event/market is cancelled all bets are void and will be shown as "won" with odds of 1.00.

While SportPesa will endeavour to ensure complete accuracy in relation to the announcement, publication and issue of prices, off-times (starting times of events) and results, it does not accept responsibility for any errors which may arise in this regard and reserves the right to correct any such errors in such manner as it may determine in its sole discretion. The Customer indemnifies and holds SportPesa harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.

11. BET TYPES
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11.1 Single Bet

Single bets are the simplest form of betting. You predict an outcome, specify the desired stake and place the bet. If your prediction proves correct, you win the bet. The winnings are calculated by multiplying the odds by the stake.

(a) Single Bet via USSD

You may place a bet through USSD by messaging *120*47773# and from options select (1) Highlight Games (2) Today’s Football Games (3) Other Sports.

Select one of the above options to present sports or matches you want to bet on.

Here you identify the match you are betting by its menu number and via your selection you can pick a market. A Home Win is 1, an Away Win is 2 and a Draw is X. You indicate much you want to stake by adding your stake at the end of the bet. 100 ZAR. is 100. So, to bet 100 ZAR. on a match predicting a Home Win, you select (1) for Home Win, Confirm Bet, add 100 ZAR (100) to Stake and confirm payment via menu options provided

Bet Slip confirmation from the SportPesa will be available to view on your registered mobile line confirming your bet with its possible win (The winnings are calculated by multiplying the odds by the stake. (e.g 2.36*100=236)

You can cancel a Single Bet placed via USSD within 10 (ten) minutes from the bet being placed, however not after the Kick-off of the game.

To Cancel a Single Bet, placed via USSD you need access the Cancel option on the company USSD Main Menu SportPesa registered mobile. Follow clear instructions to enter the BetID via menu input method.

Upon successful cancellation of the bet, a confirmation message will be sent to you. Message will resemble something like below (subject to small change)

e.g.

BetID 6918 was CANCELLED SUCCESSFULLY. ZAR 100 was sent back to your S-PESA account. Your S-PESA balance is ZAR 38,193

(b) Single Bet through the SportPesa Website

You may place a single bet through the SportPesa Website (www.SportPesa.co.za).

The Website is very easy to navigate and all you need to do is follow the prompts to get to the game that interests you then click on the team you want to win on full time and a betting slip will appear. You then enter the amount you wish to bet with; to conclude your transaction, make sure to click on "PLACE A BET". A confirmation message will appear on the Website screen informing you of the details of your placed bet and the Single Bet ID.

e.g.

You placed BetID 6918 on West HAM VS Manchester City, 1. Amount: ZAR 100. POSSIBLE WIN ZAR 236. S-PESA balance is ZAR 38,093.

Once placed through the SportPesa Website, a single bet may not be cancelled from the Website. Therefore, you must be sure that you wish to place the bet before clicking on the confirmation button. However, you may still cancel the bet by USSD within 10 minutes of placing it, but not after the kick-off of the game To Cancel a Single Bet, placed via USSD you need access the Cancel option on the Company USSD Main Menu SportPesa registered mobile. Follow clear instructions to enter the BetID via menu input method.

Upon successful cancellation of the bet, a confirmation message will be sent to you. Message will resemble something like below (subject to small change)

e.g.

BetID 6918 was CANCELLED SUCCESSFULLY. ZAR 100 was sent back to your S-PESA account. Your S-PESA balance is ZAR 38,193

11.2 Multi Bet

11.2.1 If you place bets on two or more games, they are automatically displayed as a Multi Bet. The returns are calculated by multiplying the displayed prices of all the individual games. Please note that a Multi Bet does not pay out anything unless all your predictions turn out to be correct. With a Multi Bet, you can combine up to twenty games.

11.2.2 Multi Bets will be subject to the win limit as per the maximum winnings table above, per Customer. If any Multi Bet is accepted by SportPesa over this limit, the said bets will be adjusted to the prescribed limit at the same odds, whether they are winning bets or losing bets and winnings reduced and paid out accordingly.

11.2.3 No Multi Bet will be accepted where two legs of the Multi Bet can be placed on and relate to the same individual event. For example, where one leg of a double is for Federer to win a tennis match and the second leg is for him to win in three sets. The two bets are connected in that they relate to the same event. Should any bets be erroneously accepted by SportPesa, the stakes will be equally divided between the selections which are connected.

11.2.4 Similarly, two legs of a Multi Bet cannot be placed from the same individual event. For example, Everton is playing Liverpool and you select Everton to win as your first leg, you cannot now add an additional selection from within the same game to form another leg of your Multi Bet.

11.2.5 If any selection in a Multi Bet becomes or is deemed void, the money staked on that part of the bet which is void shall be placed on the remaining selections which comprise the Multi Bet and the remaining selections of the bet shall stand. For example, if one match in a quadruple bet becomes void, the bet becomes a treble. If one leg of a Multi Bet remains, that bet will stand as a single bet.

An example of a Multi Bet would be: Man Utd win (1.35), Arsenal win (1.75), Real Madrid win (2.00). To calculate your possible winnings, simply multiply the ODDS FOR EACH PREDICTION YOU HAVE SELECTED 1.35 x 1.75 x 2.00= 4.72. This means that, if your three selections win, you will be returned 4.72 times your bet Amount. E.g. 4.72 x ZAR 200 = ZAR 944. Where 4.72 is your total odds inclusive of stake, ZAR 200 is your bet amount/stake and ZAR 944 is your possible total return.

(a) Multi Bet via USSD

Using your SportPesa registered phone call *120*47773# to access SportPesa USSD menu. From menu options navigate to Sports you want to wager on and select a match. Once a match is selected you have menu options to allow you to add additional matches to build up Multi Bet. When you have made your selection use menu options to add stake and place a bet

You will receive a confirmation notification from SportPesa containing all the details of the bet you have just placed.

You may cancel a Multi Bet placed via USSD within ten minutes from placing the bet, however not after the Kick-off of the game.

To Cancel a Multi Bet, placed via USSD you need to access the Cancel Menu option from Company USSD Main Menu via your Company registered mobile and input Bet ID to SportPesa via menu option format presented

Upon successful cancellation of the bet, a confirmation message will be sent to you:

e.g.

BetID 7687 was CANCELLED SUCCESSFULLY. ZAR 100 was sent back to your S-PESA account. Your S-PESA balance is ZAR 38,193

(b) Multi Bet through the SportPesa Website

You may place a Multi Bet through the SportPesa Website www.SportPesa.co.za.

The SportPesa Website is very easy to navigate and all you need to do is follow the prompts to get to the games that interests you. You then click on the team you want to place a bet on, and it will populate to a betting slip. Repeat the process to capture your Multi Bet until such a time as you have selected all the markets you want to include in your Multi Bet. You can then enter the stake, and conclude placing your bet by clicking on "PLACE A BET". A confirmation message will appear on the Website screen informing you of the details of your placed bet and the Multi Bet ID.

Once placed, a Multi Bet may not be cancelled from the Website. Therefore, you must be sure that you wish to place the bet before clicking on the confirmation button. However, you may still cancel the bet by USSD within 10 (ten) minutes of placing it, but not after the Kick-off of the game. In this instance you need access Company USSD Main Menu from your SportPesa registered mobile and navigate to Cancel option. Follow the instructions to enter the Bet ID and Cancel your Multi Bet. A cancelation confirmation message will be sent to you.

12. SPECIAL RULES FOR INDIVIDUAL SPORTS
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12.1 Soccer

12.1.1 Rules

12.1.1.1 Duration of Match

12.1.1.1.1 All soccer bets will be settled on the score at Full-Time (90 (ninety) minutes and stoppage time added by the referee to compensate for injuries to players that require treatment, substitutions or deliberate time-wasting by players) unless otherwise indicated. Extra Time, Golden Goal and Penalty Shootouts do not count. Where a bet is struck to “Lift the Cup” or “To Progress” there shall be no betting on a Draw as Extra Time, Golden Goal or Penalty Shootouts may be required to decide the outcome.

12.1.1.1.2 Bets on First Half Markets are also settled at the end of the Full-Time. First Half means the point when the official 45 (forty-five) minutes of the first half of the match has elapsed (plus stoppage time added on by the referee to compensate for injuries to players that require treatment, substitutions or deliberate time-wasting by players).

12.1.1.1.3 The exception to this rule is in relation to Friendly matches or tournaments. These matches can be scheduled for an unusual duration (e.g. 60, 80 or 120 minutes) as stipulated by the laws of the competition or as agreed by both sides prior to kick-off. In such instances, all accepted bets will be settled at the end of the applicable game length, as the case may be, which includes time added on by the referee for stoppages, but excludes extra-time and penalty shoot-out, whether the game length is advertised by SportPesa or not. If the game is played in an unusual format (e.g. 3 or 4 periods), then all half-time bets will be voided, but all other accepted bets will be settled on the basis of the result at the end of the applicable game length, as defined in this provision.

12.1.1.1.4 In the event of Extra Time, a new market will be created. The Overtime market is a different Pre-Match market to predict, yes or no, if the game will extend into Extra Time.

12.1.1.1.5 The Penalty Shootout is to predict, yes or no, if the game will extend to a penalty shootout.

12.1.1.2 Kick-off

12.1.1.2.1 All bets will be accepted until Kick-off time. Any bet, other than an In-Play or In-Running bets, placed after Kick-off time shall be void. That part of a Multi Bet on a soccer event placed after Kick-off time shall be void but all remaining selections which do not include the match in that Multi Bet will stand.

12.1.1.2.2 Should a match start and be abandoned prior to the completion of Full-Time and an official result is declared by the governing association of the match or event within 24 (twenty-four) hours of abandonment thereof, all relevant bets will be determined on that result notwithstanding any later changes to the result for any reason or any error in the results save that all bets which are dependent on number of goals scored shall be void.

12.1.1.2.3 If a soccer match is officially called off prior to its scheduled completion and an official match result is not declared by the relevant controlling authority within 24 (twenty-four) hours of abandonment, bets not determined at the time the match is called off shall be void. This exclusion does not apply to bets already determined.

12.1.1.2.4 Bets placed on postponed matches will stand provided the match is played within 48 (forty-eight) hours of the original scheduled Kick-off time and the venue remains the same, failing which those bets shall be void.

12.1.1.2.5 In the event that the result of a match is not made available on the internet or other reliable source within 48 (forty-eight) hours of the scheduled Kick-off, such match shall be made void, provided that an alternate Kick-off has not been scheduled within that same 48 (forty-eight) hour period. Should a result subsequently be forthcoming it shall be ignored for the purposes of settling bets.

12.1.1.2.6 If a scheduled match does not Kick-off and a team is declared a winner by a walkover by the governing association, then such decision shall not be considered a result for betting purposes and all bets on the match shall be void.

12.1.1.3 Early Betting

Where SportPesa provides betting on individual matches well in advance of the proposed date and bets are taken on those matches, then changes to the proposed date, whether brought forward or delayed, shall be binding on the outcome of the bet. E.g. Premier League fixtures are available 3-weeks in advance and a selection of Everton is made for that round but Everton’s proposed weekend game is brought forward to the midweek as a result of Cup commitments (or any other reason), then the result of the midweek Everton match shall be valid for the settlement of the bets. Similarly, if the match is postponed for a period of less than 48 (forty-eight) hours, all bets shall be valid.

12.1.1.4 Home and Away

12.1.1.4.1 SportPesa shall display prices on both teams as well as the draw. The price of the home team will be displayed first followed by the price on the away team, unless the home team is otherwise clearly indicated.

12.1.1.4.2 If a team plays a different opponent to that which is advertised, or if the venue of a match is changed to a different venue, all bets on that match shall be void save that Multi Bets which include that match shall stand whilst all other bets on that match shall be void.

12.1.1.4.3 Where games are played on a neutral ground home and away teams may differ amongst reporting websites but regardless, all bets shall stand.

12.1.2 Soccer Bet Types

12.1.2.1 Match Bet Types

12.1.2.1.1 The Full-Time market shall be settled on the result at the time the referee blows the final whistle at the end of regulation time.

12.1.2.1.2 Double Chance markets will be paid on the completion of a full 90 (ninety) minutes of play.

12.1.2.1.3 The Handicap betting markets will be resulted on the actual 90 (ninety) minute result taking into consideration the handicap (plus or minus) as displayed.

12.1.2.2 Combination Bet Types

12.1.2.2.1 Half-Time/Full-Time double result – bets are offered on the double result of the Half-Time result and the Full-Time result. For example, a selection by the Customer showing Everton-Everton will require Everton to be winning at Half-Time and Everton to be winning at Full-Time.

12.1.2.2.2 The combined Matchbet & Both Teams to Score market will be resulted to the correct one of the six options available.

12.1.2.3 Goals and Score Bet types

12.1.2.3.1 The Correct Score means to bet on the exact number of goals scored by each team within the official Full-Time. For betting purposes, own goals count for the team in whose favour they have been scored. This market will be paid on the final result after the full 90 (ninety) minutes of play.

12.1.2.3.2 The Correct Score – First Half means to bet on the exact number of goals scored by each team at the end of the first half of the match. For betting purposes, own goals count for the team in whose favour they have been scored. This market will be paid on the result after the first 45 minutes of play plus injury time.

12.1.2.3.3 The Total Goals Over/Under market is to predict whether there will be under or over a certain number of goals in a match. In the event of a match being abandoned before 90 (ninety) minutes have been played, then all bets will be void unless settlement of bets is already determined.

12.1.2.3.4 The Any Other Score option will be resulted as the winner if the correct score is different to the options offered.

12.1.2.3.5 The Both Teams to Score market has two options of Yes (GG) for both teams to scorer, or No (NG) for none or only one team to score (90-minute market). Own goals count to the team credited with the goal. If an event is abandoned after both teams have scored, that result will stand, alternatively all bets will be void.

12.1.2.3.6 The Odd/Even Goals means to predict whether the total goals in the match would be odd (1,3,5, 7...) or even (2,4,6, 8...) Zero goals will be resulted as an Even Number Total Goals. Own goals count. The Odd/Even Goals will be resulted on the total number of goals scored, in 90 minutes, by both sides.

12.1.2.3.7 The Total Goals will be resulted on the total number of goals scored by both teams in 90 minutes.

12.1.2.3.8 Total Goals Exactly is another 90 (ninety) minute markets that shall be paid on the exact total number of goals scored, including own goals, as per the result.

12.1.2.3.9 The Half Time 3-Way (1X2) market will be paid on the result of that period of play.

12.1.2.3.10 The Half-time Correct Score market will be paid on the final result after a full 45 minutes of play. Own goals count for this market.

12.1.2.3.11 Over/Under Goals are offered from 0.5 goals to 5.5 goals. If the Customer bets on over 2.5 goals to be scored, the Customer wins if there are three or more goals scored. If the Customer bets on under 2.5 goals, the Customer win if there are two or less goals scored i.e. 0, 1, or 2 goals.

12.1.2.3.12 Double Chance is to predict either two out of three possible outcomes of a match with one bet.

The following options are available:

(i) 1 or X – the result is either a home win or draw;

(ii) X or 2 – the result is either a draw or away win;

(iii) 1 or 2 – the result is either a home win or away win.

12.1.2.3.13 Euro Handicap 1:0 is to predict the result when the Home team is given an advantage of 1 goal and this is added to their final score. Bets are settled by adding the goal to the Home team score at the end of the Full-Time.

12.1.2.3.14 Euro Handicap 0:1 is to predict the result when the Away team is given an advantage and this is added to their final score. Bets are settled by adding the goal to the Away team score at the end of the Full-Time.

12.1.3 In-Play/In-Running Soccer Rules

12.1.3.1 All markets (except half-time, first half markets, overtime and penalty shootouts) are considered for regular time only.

12.1.3.2 If a match is interrupted and continued within 48 (forty-eight) hours after initial Kick-off, all un-resulted bets will be settled with the final result. Otherwise all undecided bets are considered void.

12.1.3.3 Regular 90 (ninety) Minutes: Markets are based on the result at the end of a scheduled 90 (ninety) minutes play unless otherwise stated. This includes any added injury or stoppage time but does not include Extra-Time (whether fixed time periods or settled by Golden Goal) or a Penalty Shootouts.

12.2 Boxing

12.2.1 The boxing match is deemed to have started when the bell is rung for the beginning of the 1st (first) round.

12.2.2 The result at the end of the boxing contest is final. This includes any recounts of the judges' scorecards.

12.2.3 Any boxing match declared a 'Technical Draw' will result in a draw being deemed the winning option.

12.2.4 Any subsequent changes made by governing bodies do not count for betting purposes.

12.2.5 Where the boxing match takes place in a country different from the original country, all bets will still be valid.

12.2.6 Where the boxing match does not take place for any reason on the original date and is not played within 24 (twenty-four) hours after the original start date, then all bets will be void.

12.2.7 The SportPesa Terms and Conditions apply; where conflict arises with regards to boxing matches, between these special rules and the SportPesa general Terms and Conditions, these special rules shall take precedence.

12.3 Basketball

12.3.1 Game Betting

All games must start on the scheduled date (local stadium time) for bets to stand.

12.3.2 If a match venue is changed, bets already placed will stand providing the home team is still designated as such. If the home and away team for a listed match play the fixture at the away team venue then bets will stand providing the home team is still officially designated as such, otherwise bets will be void.

12.3.3 All pre-game bets include overtime unless otherwise stated.

12.3.4 If a game has been postponed or cancelled before its due start time, then all bets thereon shall be void.

12.3.5 If a game is abandoned or terminated at any time up to 5 (five) minutes before the scheduled game end time, then all bets shall be void unless they have already been determined.

12.3.6 Two-way markets are settled on score at the end of the prescribed match time. No Draws are quoted as there has to be a winner at the end of the match. Should the teams be tied on points scored at the end of the prescribed match time, Overtime will be played to determine the winner.

Handicap bets

12.3.7 Handicap bets are settled on the result at the end of the controlling authority’s prescribed match time and do not include overtime.

In-Play/In-Running Basketball Rules

12.3.8 If a match is interrupted or postponed and is not continued within 48 (forty-eight) hours after initial Kick-off date, betting will be void.

12.3.9 If odds were offered with an incorrect score which has a significant impact on the prices, we reserve the right to void betting.

12.3.10 If markets remain open with an incorrect score which has a significant impact on the prices, we reserve the right to void betting.

12.4 Tennis

12.4.1 A tennis match is deemed to have commenced with the first serve and the player who progresses to the next round or wins the tournament if in a final, will be deemed the winner. However, if a match is a walkover or ends prematurely for any reason, all single match bets thereon shall be void and Multi Bets will be recalculated excluding that leg. Any player withdrawing from the tournament, after starting, by way of walkover, disqualification, illness or injury or any other reason shall be a loser in the outright market.

12.4.2 Any bet placed after the start of a particular match shall be void and where included in a Multi Bet, the remainder of a bet will stand and the odds adjusted accordingly.

12.4.3 In the event of a match starting but not being completed, then all bets (including set betting but excluding those contingencies that have been finalised) shall be void for that match.

12.4.4 In the event of the statutory number of sets being changed or differing from those offered for betting purposes match bets will stand, but set betting and its derivatives shall be void.

12.4.5 All outright tournament bets shall stand irrespective of whether or not the player competes. These bets are treated as ante post bets.

12.4.6 In the event of any of the following circumstances all bets will stand:

12.4.6.1 a change of schedule and/or day of match. However, Match selections are void if match is not played with 72 (seventy-two) hours;

12.4.6.2 a change of venue, provided that the surface remains the same.

12.4.6.3 a change from indoor court to outdoor court or vice versa, provided that the surface remains the same.

12.4.7 First Set Winner - In the event of the first set not being completed bets will be void.

12.4.8 For Set betting, bets are void:

12.4.8.1 if the statutory number of sets are not completed or are changed;

12.4.8.2 if the match does not start or is unfinished due to either players’ incapacity or disqualification.

12.4.9 Tournament match betting – Both players in a specified match-up must play 1 point in the tournament for bets to stand. If players progress to the same round of the tournament bets will be void.

12.4.10 If a super tie-break is used to decide the final set, this is counted as a set consisting of one game.

12.4.11 Markets Based on Total Games/ Games Handicap, Including In-Play

12.4.11.1 These general rules apply to Games in Individual Sets, Games in Match, Player Games, and Handicap Betting (based on games won).

12.4.11.2 The Handicap, Total Games in Match and Player Games markets are based on a statutory number of sets.

12.4.11.3 In the event of forfeited points/games, these will count for final settlement.

12.4.11.4 In the event of retirement, disqualification or change of surface mid-match, bets will be void unless there is no conceivable way the set and/or match could be played to its natural conclusion without unconditionally determining the result of that market.

E.g. (1) A set is abandoned at 4-4: bets on Over/Under 9.5 games or fewer in the set are settled as winners/losers respectively, since any natural conclusion to the set would have at least 10 games; bets on Over/Under 10.5 games or more are void.

E.g. (2) A best-of-3 sets match is abandoned at 6-4 2-6: bets on Over/Under 23.5 games or fewer in match will be settled as winners/losers respectively, since any natural conclusion to the match would have at least 24 games; bets on Over/Under 24.5 games or more are void.

E.g. (3) A best-of-3 sets match is abandoned at 6-4 4-6 5-5: bets on either player with a handicap of +2.5 or more will be settled as winners, bets on either player with a handicap of -2.5 or less will be settled as losers, and bets on the tie with a handicap of +/- 3 or more will be settled as losers. All bets on handicaps ranging from -2 to +2 will be void.

12.5 Rugby

12.5.1 Unless otherwise stated all Rugby bets are settled on 80 (eighty) minutes play, plus referees optional time. Extra-time and Penalty Shootouts do not count.

12.5.2 Unless otherwise stated Rugby Sevens and Tens match bets are settled on the specific tournament regulation play and exclude Extra-Time if played.

12.5.3 If a venue is changed from the one advertised then all bets on that match are void.

12.5.4 In the event of a change of opponent from the one advertised then all bets for that match are void.

12.5.5 If a match is abandoned for any reason and there is no official result then all bets not determined during the match shall be void.

12.5.6 Should a match be incomplete, abandoned or postponed all selections shall become void, unless it is resumed or played within 24 (twenty-four) hours of the original scheduled date.

12.6 Cricket

12.6.1 Matches not Played as Listed: If a match venue is changed then bets already placed will stand providing the home team is still designated as such. If the home and away team for a listed match are reversed, then bets placed based on the original listing will be void.

13. SETTLEMENT OF BETS
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13.1 Statistics provided by the official score(s) provider or the official Website of the relevant competition or fixture will be used to settle bets.

13.2 Where statistics from an official score(s) provider or official Website are not available or there is significant evidence that the official score(s) provider or official Website is incorrect, SportPesa will use independent evidence to support bet settlement.

13.3 In the absence of consistent, independent evidence or in the presence of significant conflicting evidence, bets will be settled based on our own statistics.

14. PAYMENT BY THE CUSTOMER
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14.1 Payment may be made via Visa, MasterCard or by bank transfer into the bank accounts of SportPesa, the details of which will be provided on request.

14.2 All account transactions are performed in South African Rand.

14.3 Card transactions will be acquired for SportPesa via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website. Users may go to www.paygate.co.za to view their security certificate and secure policy.

14.4 Customer details will be stored by SportPesa separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

14.5 The Customer acknowledges and agrees that the deposit will be held and applied as security for the discharge by the Customer of any amount which may become owing by the Customer to SportPesa.

14.6 The Customer may only deposit money into his/her account for the purposes of betting. SportPesa shall be entitled to suspend or close a player account if it reasonably believes that funds have been deposited by a Customer who has no intention of using such funds for betting.

14.7 Acceptance by SportPesa of a bet over the deposit limit, shall not constitute a waiver of its rights:

(i) to collect from the Customer all amounts (including losses) arising from such bet, or

(ii) to enforce the appropriate deposit limits at any later time.

14.8 SportPesa shall debit the Customer’s account in respect of bets accepted by SportPesa on an ongoing basis.

14.9 No interest shall accrue on any funds or deposits held by SportPesa, irrespective of the amount held in the Customer’s account or any delay in remitting funds in the Customer’s account for any reason.

14.10 Credit card/ debit card deposits may only be made by the cardholder whose name is displayed on the credit card/ debit card, which must match the name in which the SportPesa betting account is held. Should a Customer deposit funds by means of a credit/debit or cheque card, the Customer shall be required to send SportPesa a copy of the front of the card against which such deposit has been made. Failure by the Customer to do this will result in failed withdrawal requests.

14.11 SportPesa is entitled to supply, request or acquire any relevant credit, account-related or other information pertaining to the Customer and his account with SportPesa to or from:

(i) a credit bureau;

(ii) any bank or regulatory agency, or

(iii) any other person or entity,

Should SportPesa deem it necessary to supply, request or acquire said information for verification or other purposes the Customer shall have no right of recourse against SportPesa by reason thereof.

14.12 Customers who hold bank accounts with all the major South African Bank can transfer cash in.

14.13 Customers who transact on a cellular device on any South African Mobile Network can transfer cash in.

14.14 The following limitations apply:

14.14.1 Materpass Cash In (USSD): Not supported by FNB and Capitec Banks and will not operate on Cell C and Telkom Cellular Networks.

14.14.2 SiD Instant EFT Cash In: Not supported by Investec Bank

15. CREDIT
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15.1 No credit will be offered by SportPesa or from any employee of SportPesa to any Customer, and all bets must be supported by sufficient funds in the Customer’s account. If a consumer’s player wallet reaches the zero [R0.00] balance, they need to top-up their wallet using any of the available payment instruments.

15.2 SportPesa reserves the right to void any bet which may have inadvertently been accepted when the account did not have sufficient funds. Should funds be credited to a Customer's account in error, it is the Customer's responsibility to inform SportPesa without delay. SportPesa will recover such funds by account adjustment.

16. PAYMENT TO THE CUSTOMER
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16.1 General

16.1.1 SportPesa shall credit the Customer’s account in respect of winnings and refunds accruing to the Customer in consequence of bets placed on an ongoing basis. Bets are settled according to the odds/price displayed at the time the bet is accepted by SportPesa but subject to any correction of errors and where possible will be reflected on the transaction detail. Bets may be subjected to the relevant run/deduction applicable to that particular bet.

16.1.2 In the event that funds are incorrectly credited to a Customer’s account, the onus shall be on the Customer to notify SportPesa of the aforesaid error without delay. Unless otherwise notified by SportPesa, any betting transactions concluded by the Customer subsequent to the error shall be void. The Customer shall be under an obligation to return to SportPesa all the funds clear of any deductions erroneously credited to their account even in cases where the Customer has withdrawn such funds from the account.

16.1.3 Settlement or payments in respect of online and mobile bets will be made to the account holder only and not to any third party in any circumstance. The Customer’s right to settlement or payment is not transferrable or negotiable.

16.1.4 SportPesa reserves the right to verify the identity of all account holders at any time and particularly on withdrawal of funds. SportPesa, in its sole discretion, may require a client withdrawing funds to affirm, by way of signed and notarised affidavit, that the bets recorded as taken on his/her name are, in fact, his/her bets and not bets for any third party.

16.1.5 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. If the Customer places a bet from a location falling outside South Africa, such bet shall be subject to all Foreign Exchange Regulations in South Africa. Bets are accepted and payment of winnings can only be made in South African Rand into a South African bank account in the name of the Customer. SportPesa makes no warranties and shall not be liable to the Customer if it is not able to remit any monies held by it to any account held by the Customer in a foreign jurisdiction.

16.2 E-Wallet

16.2.1 Customers who transact on a cellular device on any South African Mobile Network can withdraw cash out.

16.2.2 The Customer shall be entitled to request the withdrawal of funds standing to the credit of his/her SportPesa account and the transfer thereof into an Electronic Wallet linked to the Customer’s cell phone number.

16.2.3 The following FNB eWallet Cash Out limitations apply as set by First National Bank:

(i) Withdrawal value per day (ATM & POS withdrawals): R5 000.00

(ii) POS purchase limits: R25 000.00

(iii) Max eWallet balance per day: R25 000.00

(iv) Max eWallet balance per month: R25 000.00

The balance of any withdrawals larger than the above shall be paid via an electronic transfer.

16.3 Electronic Transfer (EFT)

16.3.1 Only in exceptional circumstances will SportPesa consider the transfer funds into a chequing, savings or credit card/ debit card account nominated by him/her for this purpose, by completing a Request for Electronic Transfer of Funds Form, available on the Website of SportPesa and submitting same to SportPesa in such manner and format as SportPesa may determine and shall publish on its Website from time to time. Electronic Payments made by means of Electronic Transfer are only made to South African Bank Accounts.

16.3.2 In the event of a withdrawal request processed via EFT, the Customer shall be solely responsible for ensuring the accuracy of the information supplied in any Request for Electronic Transfer of Funds Form and, by his/her signature of such Form, shall warrant the accuracy thereof. SportPesa shall accept no liability for the payment of any amount requested into any banking account based in whole or in part on incorrect information provided by the Customer.

16.3.3 On receipt of a fully completed Request for a withdrawal / pay-out Electronic Transfer of Funds Form, SportPesa shall:

(i) perform such investigation as may be required to confirm that the amount requested by the Customer, after effecting all deductions or adjustments which may be required, is available to be transferred from the Customer ’s SportPesa account to the banking account nominated by the Customer for this purpose;

(ii) if the requested amount is not available in the Customer’s SportPesa account, inform the Customer in such manner as SportPesa may deem fit, that the request has been declined;

(iii) in the event that the requested amount is available in the Customer’s SportPesa account, effect, within 24 (twenty-four) hours of confirming the availability of the amount, the electronic transfer of the requested amount from the SportPesa account of the Customer to the account nominated by the Customer; provided that, for the purposes of this Clause, SportPesa shall be deemed to have fully complied with its obligation to effect such transfer at the time of giving the instruction to its bankers to effect such transfer and the 24 (twenty-four) hour period contemplated in this Clause shall not include such further period as may elapse before the requested amount is deposited into the banking account nominated by the Customer for this purpose, and

(iv) immediately reduce the balance standing to the credit of the SportPesa account of the Customer by the amount so transferred. SportPesa shall not be liable for any delay to credit a Customer’s account, where the delay is occasioned by circumstances beyond the control of SportPesa.

16.3.4 EFT Cash Out: Subject to time delays as set out by the banking provider concerned. SportPesa cannot be held liable for time delays if this withdrawal method is used.

16.3.5 SportPesa shall not:

(i) Under any circumstances whatsoever be liable to the Customer if the Customer’s credit/debit card SportPesa refuses to honour any claim lodged by SportPesa against the Customer’s credit/debit card. No dispute of whatever nature between a Customer and the credit card/ debit card SportPesa shall exempt the Customer from his liability to SportPesa in respect of payment and the Customer shall not be entitled to instruct SportPesa to reverse a payment instruction that has already been made to the Customer’s credit card/ debit card SportPesa;

(ii) be responsible for:

a. any failure, malfunction or delay of any electronic funds transfer unit or other credit card/ debit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of SportPesa, or

b. any damages, loss or expense which the Customer may suffer as a result thereof, and

(iii) be liable for any loss or damage suffered by the Customer as a result of the unauthorised access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card/ debit card processing machine or its supporting or sharing network.

17. ADJUSTMENTS
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17.1

SportPesa may at any time adjust or cancel the Customer’s limits on the player account [such as maximum allowed available balance in betting account].

17.2 Notwithstanding anything to the contrary herein contained, SportPesa shall be entitled to set-off any amount(s) due by the Customer against any funds standing to the credit of the Customer’s account with SportPesa or to realise any security held by SportPesa and to use the proceeds towards payment of any amount due by the Customer to SportPesa.

18. PROOF OF INDEBTEDNESS
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18.1 SportPesa manages Customers account and calculates available funds, pending funds, as well as the amount of the winnings. Unless proven otherwise, these amounts are considered as final and are not subject to dispute.

18.2 A certificate signed by any director, manager, assistant manager, trader or accountant of SportPesa (whose appointment need not be proved) stating the amount of the Customer’s indebtedness to SportPesa, shall be prima facie proof of such indebtedness.

19. CONFIDENTIALITY OF CUSTOMER INFORMATION
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19.1 The Customer authorises and consents to each electronic communication relating to any bet placed being recorded and stored by SportPesa in such manner as SportPesa deems fit and that such records may be retained for such period as SportPesa deems necessary. The Customer acknowledges that SportPesa is required to keep such records by law and that such records may be used by SportPesa for the investigation and resolution of disputes which may arise between itself and the Customer or for any other lawful purpose. Such information may be disclosed to third parties if required by law or if the disclosure is, at the sole discretion of SportPesa, in the best interest of SportPesa.

19.2 SportPesa will respect the privacy of the Customer’s personal information and shall take all reasonable steps to protect the personal information of the Customer; provided that SportPesa will not be liable for any loss of data by itself or by any other contracted service providers on which it may wholly or partially rely for the delivery of the services and the use thereof by the Customer. For the purposes of this clause ‘personal information’ shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

19.3 SportPesa will not disclose the Customer’s personal information to third parties unless:

(i) the disclosure thereof is required in order to process any requests made by the Customer; such as a withdrawal / pay-out request.

(ii) there is a legal obligation on SportPesa to make such disclosure;

(iii) the disclosure is required to enforce these Terms and Conditions, or

(iv) the disclosure is required for the adequate protection of the rights or property of SportPesa, including for the purposes of identity verification, address verification, fraud protection or credit risk reduction.

19.4 If the Customer makes use of any feature which allows the Customer to upload material, information, comments, postings or other content to the mobile service, Website and any other media or electronic platform (collectively “the User Content”), the User Content will be treated as non-confidential information, and the Customer irrevocably agrees that SportPesa shall have the right to use, copy, distribute and disclose any User Content to third parties for any purpose. SportPesa also has the right to disclose the Customer’s identity to any third party who may claim that any User Content posted or uploaded by the Customer as aforesaid, constitutes a violation of their intellectual property rights or of their right to privacy. SportPesa shall have the right to remove, amend or edit any User Content made by the Customer on the Mobile service, Website and all other media or electronic platform.

19.5 SportPesa has implemented reasonable technical and organisational measures designed to secure the personal information of the Customer from accidental loss and unauthorised access, use, alteration or disclosure. However, the internet is an open system and SportPesa cannot guarantee that unauthorised third parties will never be able to defeat those measures or use the Customer’s personal information for improper purposes. Further, SportPesa cannot guarantee that any communication, messages or any attachment thereto is virus free, does not contain malicious code or is not incompatible with the Customer’s electronic system and SportPesa does not accept liability in respect of viruses, malicious code or any related problems that the Customer might experience in this regard.

20. BREACH
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20.1 Should the Customer breach any of these Terms and fail to remedy such breach within 48 (forty-eight) hours after receipt of written notice by SportPesa requiring the Customer to do so, SportPesa shall be entitled, without prejudice to any other rights it may have at law, forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer. In such event:

(i) all amounts owing by the Customer to SportPesa shall become payable immediately; and

(ii) SportPesa shall have a lien and right of retention over all monies of the Customer on deposit with SportPesa, pending settlement of such damages as may have been suffered by SportPesa.

20.2 Notwithstanding the generality of the aforegoing, the Customer shall be deemed to be in default if:

(i) the Customer dies;

(ii) the Customer initiates the “opt out” process on the SportPesa Website;

(iii) the Customer commits any act of insolvency;

(iv) the estate of the Customer is sequestrated;

(v) the Customer endeavours to compromise generally with his/her creditors;

(vi) the Customer ’s name appears on or is placed on the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.

20.3 The Customer shall be liable for any legal expenses (including legal expenses on a client-attorney scale, collection charges and tracing fees) as well as any amount governmental tax including but not limited to value-added tax, which SportPesa may incur in recovering any amounts owing in respect of the Customer ’s account or a result of the Customer’s breach of any of the conditions of use or the enforcement by SportPesa of any of its rights against the Customer.

21. LIMITATION OF LIABILITY
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21.1 The liability of SportPesa to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of the negligence of SportPesa or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited:

(i) in the event of damages relating to a bet, to the amount staked by the Customer in respect of such bet; or

(ii) in respect of the account of the Customer with SportPesa, to the credit balance of such account at the time during which the damages are alleged to have occurred, after full adjustment for winnings, losses and taxes.

21.2 To the fullest extent permitted by law, and notwithstanding any other provisions in these Terms and Conditions, SportPesa shall under no circumstances whatsoever be liable for any loss of profits, winnings or potential profits or winnings or any indirect or consequential damages sustained by the Customer, whether or not caused by the negligence of SportPesa, its agents or employees.

21.3 Insofar as any of the obligations of SportPesa under these Terms and Conditions are carried out by any its servants, agents, sub-contractors, associates or subsidiaries, these provisions shall apply mutatis mutandis and each of them shall be exempted accordingly.

21.4 SportPesa shall not be liable if the Customer is unable to place a bet due to congestion on or failure of the telephone lines, telephone system, telephone exchange, or any other electronic communication media used for the purposes of betting.

21.5 SportPesa makes no warranty or guarantee that any electronic communication shall be complete, error free, or that any Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms owned or used by SportPesa will operate uninterrupted or error free.

21.6 SportPesa does not assume liability for input or transmission errors and reserves the right to rectify obvious errors.

21.7 SportPesa assumes no liability for correctness or completeness of information provided.

21.8 SportPesa assumes no liability for the accuracy of live scores, statistics and intermediate results in live betting.

21.9 Any acts of God, war, strike, lock-out or other labour dispute, fire, flood, explosion, the enactment, amendment or repeal of legislation, failure of electricity or any other supplies, failure of telecommunications, failure, theft or default of any computer hardware or software or any other equipment or any other similar or different cause beyond the reasonable control of SportPesa leading to the cessation and/or restriction of the operations of SportPesa, shall entitle SportPesa to postpone its obligations to the Customer in whole or in part, and in such event SportPesa shall not be responsible for any damages of any nature suffered by the Customer, whether directly or indirectly, as a result thereof and the Customer shall not be entitled to terminate its contractual relationship with SportPesa as a result of any such occurrence.

21.10 SportPesa is also not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and saturation of the telecommunication networks, cyber-attacks, hacking etc., which could lead to a total or partial access reduction to its services, loss of data by itself or by other contracted independent service providers on whom SportPesa will wholly or partially be reliant on to deliver the services.

22. PATRON COMPLAINTS AND DISPUTES
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22.1 If a Customer has a complaint, details of the complaint should be emailed to support@SportPesa.co.za.

22.2 SportPesa will apply its best endeavours to resolve complaints which have been reported to it promptly.

22.3 In the case of any queries regarding any transaction, the Customer may contact SportPesa at support@SportPesa.co.za or such other mode of communication as may be prescribed by SportPesa from time to time with details of the query, which will be reviewed by SportPesa.

22.4 If a dispute arises between a Customer and SportPesa in relation to the liability of SportPesa to pay alleged winnings to the Customer, and that dispute cannot be resolved between the parties, the dispute may be referred to the Western Cape Gambling and Racing Board (“the Board”) for resolution.

22.5 SportPesa will inform the Customer that the dispute will be referred to the Board, and shall refer such dispute to the Board within 48 (forty-eight) hours of having so informed the Customer.

22.6 The Customer may, however, of his/her own volition, refer a patron dispute to the Board for resolution.

22.7 The Board shall investigate the matter and shall thereafter resolve the dispute and communicate the outcome to the parties.

22.8 If either SportPesa or the Customer is not satisfied with the resolution of the Board, such party may, within 14 (fourteen) days of the date of the resolution, file a petition with the Board to hold a hearing to reconsider the resolution.

22.9 The Board shall hold such hearing and shall determine whether the original resolution of the dispute should be confirmed, set aside or amended in any way.

23. INTELLECTUAL PROPERTY RIGHTS
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23.1 The contents of the Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms owned by SportPesa are protected by international copyright laws and other intellectual property rights. The owner of these rights is SportPesa, its affiliates and/or other third-party licensors.

23.2 All product and SportPesa names and logos appearing on the Mobile service, Website and all other media/electronic platforms are the trademarks, service marks or trading names of their respective owners, including SportPesa.

23.3 Except to the extent required to use a product for the purpose of placing bets, no part of the SportPesa Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other Website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software, without the express prior written consent of SportPesa.

23.4 Any commercial use or exploitation of the Website and any other betting channel such as SMS, USSD & Mobile Application or its content is strictly prohibited.

24. SOFTWARE AND TECHNOLOGY
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24.1 The Customer is permitted to use any and all software made available by SportPesa via the Mobile service, Website, or other media/electronic platforms, ONLY for the purpose of using products on the Mobile devices or all other media/electronic platforms, and save to the extent permitted by applicable law, for no other purposes whatsoever.

24.2 SportPesa grants to the Customer a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using the betting products on the Website, the Mobile devices and other media/electronic platforms.

24.3 The Customer may not:

(i) install or load the software onto a server or other networked device or take other steps to make the software available to any other person via any form of bulletin board, online service or remote dial-in or network;

(ii) sub-license, assign, rent, lease, loan, transfer or copy his/her license to use the software or make or distribute copies of the software;

(iii) enter, access or attempt to enter or access or otherwise bypass SportPesa's security system or interfere in any way with the relevant products or the Mobile service and all other media/electronic platforms (including but not limited to by the use of robots and similar devices), or make or attempt to make any changes to the software and/or any features or components thereof;

(iv) copy or translate any user documentation provided online or in electronic format;

(v) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software, or

(vi) reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software.

24.4 The software is made available to the Customer “as is”, without any warranties, conditions, undertakings or representations, whether express or implied, statutory or otherwise. To the maximum extent permissible in law, SportPesa excludes all implied terms, conditions and warranties, and does not warrant that:

(i) the software will meet the requirements of the Customer;

(ii) the software will not infringe the intellectual property rights of any third parties;

(iii) the operation of the software will not be error-free or uninterrupted;

(iv) any defects in the software will be corrected, or

(v) the software or any server to which it is linked or on which it may be installed is virus-free.

24.5 If communications or system errors occur in connection with the settlement of accounts or other features or components of the software, neither SportPesa nor the Software Provider will have any liability to the Customer or to any third party in respect of such errors. SportPesa reserves the right, in the event of such errors, to remove all relevant products from the Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms, and take any other action to correct such errors.

24.6 The Customer acknowledges that the manner in which he/she uses the software is outside the control of SportPesa. The Customer uses the software at his/her own risk, and SportPesa shall not be liable to the Customer in respect of the Customer’s receipt and use of the software.

24.7 The Customer may not without the express written authority of SportPesa, access, interfere with, damage or disrupt the Mobile service, Website and all other media/electronic platforms, or any part thereof; any equipment or network on which the data is stored; any software used in connection with the provision of the Mobile service, Website and all other media/electronic platforms; or any equipment, software, owned or used by a third party. The Customer may not attack the Mobile service, Website and all other media/electronic platforms, via a denial-of-service attack. SportPesa will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to the use of the software by the Customer or to the Customer’s downloading of any material posted on it, or on any Mobile service, Website and all other media/electronic platforms, linked to it.

25. THIRD PARTY CONTENT
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25.1 SportPesa receives feeds, commentaries and content from a number of suppliers. Certain third-party product providers may require the Customer to agree to additional Terms and Conditions governing the use of their feeds, commentaries and content. If the Customer does not accept the relevant third-party Terms and Conditions, the Customer acknowledges that he/she may not use the relevant feeds, commentaries or content.

25.2 SportPesa does not accept any liability in respect of third-party feeds, commentaries and content.

25.3 SportPesa does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third-party service provider providing any service to it (to be determined in SportPesa's absolute discretion) to bet on any market or event. SportPesa will void any bet where it determines that such betting has taken place.

25.4 Where link to third party resources appear on the Mobile service, Website and any other media/electronic platform, these links are provided for the information of the Customer only. SportPesa is not responsible and has no control over the content of third party Websites sites or services offered therein, does not make any representations regarding the content or accuracy of materials on such third-party Websites and will accept no liability for any direct or indirect loss or damage that may arise from the access or use of the information provided therein by the Customer. The inclusion of a link to a third party does not constitute an endorsement of that third party’s product or services (if applicable).

26. NOTICES AND DOMICILIUM
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26.1 The residential address furnished by the Customer on the account application form shall serve as his/her domicilium citandi et executandi for all purposes in respect of these Terms and Conditions.

26.2 This Website is governed by the laws of South Africa and SportPesa chooses as its domicilium citandi et executandi for all purposes in respect of these Terms and Conditions, whether in respect of court process, notice or other documents or communication of whatsoever nature, Unit 215, Radardad Building, 17 Queens Park Avenue, Salt River, Western Cape, 7925.

26.3 The Customer shall have the right to change his/her domicile by giving one week’s prior written notice to SportPesa of his/her change of physical address. Any notice can be given by a Customer as follows:

(i) is delivered by hand to an officer or manager of the SportPesa during the normal business hours of the addressee at its domicilium citandi et executandi, shall be deemed to have been received by SportPesa at the time of delivery; or

(ii) is posted by pre-paid registered post to SportPesa at its domicilium citandi et executandi, shall be deemed to have been received by on the seventh day after the date of posting;

(iii) is transmitted by electronic mail or short message service (SMS) to the correct recipient address or telephone number in respect of SportPesa, shall be deemed to have been received on the date of transmission.

26.4 The provisions of the abovementioned clauses shall apply mutatis mutandis to any notice given by either party to the other pursuant to this Agreement.

27. GENERAL/ OVERALL CONTRACTUAL RELATIONSHIP
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27.1 This Website, these Terms and Conditions and the contractual relationship between the Customer and SportPesa shall be governed by the laws of the Republic of South Africa.

27.2 The Terms and Conditions set forth herein constitute the whole agreement between SportPesa and the Customer and no agreements, representations, promise or warranties, other than those set out herein, shall be of any force or effect

27.3 No addition to, variation, consensual cancellation or novation of any of the terms set forth herein and no express or implied waiver of any of the rights arising therefrom shall be of any force and effect unless reduced to writing and signed by SportPesa and the Customer or their duly authorised representatives.

27.4 Any relaxation or concession or extension granted by SportPesa to the Customer shall not be and shall not be deemed to be a novation or waiver of any of SportPesa’s rights as set forth in these Terms and Conditions, nor shall it act as an estoppel against or otherwise prejudice SportPesa.

27.5 Any promissory note, bill of exchange, or other negotiable instrument received by SportPesa from the Customer shall not be a novation of the debt in respect which it is given and the Customer waives any remedies provided for by law in respect thereof.

In respect of any litigation arising between the Customer and SportPesa, the Customer consents to the jurisdiction of the Magistrates Court which in terms of section 28 of the Magistrate’s Court Act, 1944 has jurisdiction over the Customer, in terms of section 45 of such Act.

27.7 The specific games/products shall be strictly guided by these rules and guidelines herein and all other rules and guidelines that shall be issued from time to time by SportPesa. The products, guidelines and rules shall remain at all times the property of SportPesa.

27.8 Although every effort is made to ensure that the information displayed on our site regarding any event is accurate and complete, such information should be used as a guide only. In the event that any information regarding an event (e.g. score, starting time of event etc.) is incorrect, SportPesa assumes no liability for this. The official site for the sport in question should be referred to in the event of any dispute or uncertainty in this regard.

27.9 This Website is run by a private company based in South Africa trading as SportPesa Proprietary Limited with registration number 2015/321094/07 and Nicholas Scott Ferguson (director), Jody Aufrichtig (director), Lulamile Lincoln Xate (director) and Mzukisi Gartix Matiwane (director).

27.10 SportPesa Proprietary Limited (registration number: 2015/321094/07) contact details:

Physical address: Unit 215, Radar Dad Building, 17 Queens Park Avenue, Salt River, Western Cape, 7925

Support: support@SportPesa.co.za

Support: +27 86 1047773

28. 1voucher TERMS & CONDITIONS
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Introduction:

This document serves to explain the association SportPesa (PTY) LTD has with 1voucher. It also states the Terms and Conditions for purchasing and redeeming 1vouchers.

Topping up a SportPesa Betting Account with 1voucher:

When a 1voucher is purchased by a customer, it can be used to credit their SportPesa Betting Account. The redemption of the voucher works on the same principle as an airtime voucher, where after purchase, the user enters a unique code to top up their balance.

To top up a SportPesa Betting Account, the customer purchases a 1voucher at a participating Flash store or kiosk or retail outlet. The customer then uses the voucher’s unique code to top up their SportPesa Betting Account.

Terms & Conditions for redeeming a voucher on SportPesa Platforms:

  • 1vouchers are bearer documents similar to physical money. If the 1voucher is lost or damaged, it cannot be replaced.
  • Flash and SportPesa (PTY) LTD will not be liable for any claims, loss or theft in any manner.
  • The total value of the 1voucher will be credited during the top up process on the SportPesa betting platforms
  • 1vouchers deposit amount can never be exchanged for cash or refunded in cash, whether directly or indirectly, in cash or otherwise. This means that once a customer has redeemed their 1voucher on any SportPesa betting platform and their account has been topped up, they cannot (by placing no bets) withdraw their funds in return for cash. Furthermore, the customer will need to turn the funds over at least once (by placing physical bets on the SportPesa betting platforms) to fulfil withdrawal requirements. Only once the customer has fulfilled the turnover requirements, will they then be able to withdraw funds to reflect into their bank account. For the avoidance of doubt, it is recorded that only winnings can be withdrawn and the original 1Voucher deposit amount can only be used for betting.
  • SportPesa (PTY) LTD takes money laundering seriously and any suspicious behaviour that promotes money laundering will be reported to the Financial Intelligence Centre, as well as any other relevant authority at the time.
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Gamble with your head, not your heart

SPORTPESA SUPPORTS RESPONSIBLE GAMBLING. NO PERSONS UNDER THE AGE OF 18 ARE PERMITTED TO GAMBLE.
Help is available. If you think you or someone you know may have a problem with gambling, contact the National Responsible Gambling Helpline toll-free on 0800 006 008

Read SportPesa recommendations for responsible gaming.

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