SPORTS BETTING TERMS AND CONDITIONS KENYA
This website, Pesaland.co.ke, and any mobile applications through which our Services are offered (together, the "Website") are operated by Kaybros Global Limited( "we" or "us"), a company incorporated and registered in Kenya (company number PVT-MKUBDP2) whose registered office is at Kenyatta Avenue,Cameo Building, Ground Floor Nairobi , Kenya. We hold a Casino License and an online Casino and sportsbetting Permission from Betting Control and Licensing Board of Kenya (licence numbers:507)).
THESE TERMS AND CONDITIONS
These terms and conditions (the "Terms & Conditions") govern your access to and use of the Website and our Services. By accessing and using the Website and any of our Services (including by opening an Account with us), you acknowledge that you have read these Terms & Conditions and you agree to be bound by these Terms & Conditions. You also agree to the use of electronic communications in order to enter into contracts, and you waive any rights or requirements under applicable laws or regulations in any jurisdiction which require a signature by hand, to the extent permitted by law.
Please read these Terms & Conditions carefully, as they form a legally binding contract between you and us. Please make sure you fully understand the contents of this contract. If you have any doubts about any of your rights and obligations resulting from entering into this contract, please consult legal counsel in your jurisdiction.
If you do not agree to be bound by these Terms & Conditions, please do not use the Website or our Services.
BETTING RULES AND TYPE OF BETS
In these Terms and Conditions, Unless the context indicates otherwise, the following terms have the meanings listed below:
"Deposits" : any transfer of funds from you to your Account either directly or through a Payment Provider;
"Withdrawal" : any transfer of funds from your Player Account to yourself either directly or through a Payment Provider.
"Bet" means - betting money on a sporting event's outcome to be predicted.
Stake: The amount of cash staked on a sporting event's result.
Winnings - refer to payouts less the amount placed as stake.
“Charges/Taxes” means - any levies, taxes, duties, deductions, or withholdings of any kind and however described that could be imposed by any legitimate government agency and required to be paid by the customer from time to time, including without limitation any tax levied on the stake or any withholding tax levied on winnings or other payments whatsoever paid or payable by the company to a customer under or pursuant to these Terms and Conditions or otherwise howsoever.
"Odds" means - the amount of money risked that will be returned if the prediction made in a bet is successful. The odds paid are only those in effect at the time the bet is placed..
"Customer" means - anyone placing a bet with the Company.
"User" means - anyone using this Website.
"VOID" means - Such a bet is unacceptable to the Business for a variety of reasons. When this occurs, the entire wager or a portion of it is settled at the odd of 1.00. In the case of multiple/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.
“Full time (FT)” means - When a full match has been played for 90 minutes as indicated by the official timer, and additional time has been added by the referee to account for player injuries, substitutions, or intentional delays, this is known as "stoppage time". However, scheduled extra time such as two 15-minute half times or penalty shoot-outs are not included in the full-time calculation.
“First Half (HT1)” means - The period when the official 45 minutes of the first half of the game have passed, plus additional time added on by the referee to reflect for player substitutions, injuries that require treatment, or players purposefully wasting time (also called "stoppage time"). Bets on First Half markets are settled at the end of the Full Time.
“Kshs.” Means Kenya Shillings, the lawful currency of Kenya.
“Over/Under 1.5 - First Half” means - If you BET OVER 1.5 goals to be scored, you win when there are 2 or more goals scored. If you BET UNDER 1.5 goals to be scored, you win when there are 0 or 1 goals scored.
“Over/Under 2.5” means - If you BET on OVER 2.5 goals to be scored, you win if there are three or more goals scored. If you BET on UNDER 2.5 goals, you win if there are two or less goals scored i.e. 0, 1, or 2 goals.
“Correct Score” means - Bet on how many goals each side will score in the official Full Time. For betting purposes, own goals count for the team in whose favour they have been scored.
“Correct Score- First Half” means - Place a wager on how many goals each team will have scored at the end of the first half of the game. For betting purposes, own goals count for the team in whose favour they have been scored.
“Both teams to score” means - Predict if both teams will score at least one goal each within the Full time of the match or not.
“Odd/Even” means - Predict whether the total goals in the match would be odd (1, 3, 5, 7...) or even (2, 4, 6, 8...). 0 (zero) goals will be settled as EVEN. Own goals count.
“Euro Handicap 1:0” means - 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.
“Euro Handicap 0:1” means - 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.
“Total Goals Exactly” means - Predict the exact total number of goals scored within the full time.
“Half Time/Full Time” means - Predict the result of a match both at the end of the First Half time and Full Time.
“Double Chance” means - Predict either two out of three possible outcomes of a match with one bet.
The following options are available:
1 or X - the result is either a home win or draw;
X or 2 - the result is either a draw or away win;
1 or 2 - the result is either a home win or away win.
“Website” means - the website accessed by means of the domain name www.pesaland.co.ke or any substitute or variation thereof.
After only successfully registering with the Company and receiving a confirmation to that effect are you eligible to place a bet.
Please be aware that the amount a gambler wagers includes excise duty.
Unless otherwise specified, the Company will only accept bets on Full Time.
Any non In-Play Betting bet accepted after the kick-off will be settled at the discretion of the Company.
The company maintains the right to instantly cancel bets placed on a game that has been officially or informally postponed, cancelled, abandoned, stopped, or suspended or to wait up to 72 hours before refunding customers' money.
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 user will be refunded an amount equal to his stake.
In cases where a multi-bet match is postponed, cancelled, abandoned, interrupted, or halted, the match at hand would have an odd of 1.00. The odds will be changed overall as a result, and if all other bets are successful, the multi-bet can still win.
In the case of any subsequent replays/completions, award of the match result by governing bodies or pools, panel decisions, will not count toward settlement.
The following rules shall be followed for paying bets when a game is postponed, canceled, abandoned, halted, or suspended:
If a bet has been established before the interruption, abandonment or suspension, bets will stand and settlement will occur as expected.
All bets will be void if they are not already in place at the time of interruption, abandonment, or suspension.
All first half wagers are guaranteed to win, and payment will take place if a game is postponed, abandoned, or suspended in the middle of the second half.
Where a match is interrupted, abandoned or suspended and the result is conclusive, the bet will stand and settlement will occur.
The Company retains the right to cancel a wager, win or loss, if we have suspicion that it was placed after the result of an event was known or after the chosen player or team had obtained a significant advantage (such as a goal, an opponent being sent off, etc.).
If, for any reason we are 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 bets is already determined.
You indicate your deliberate desire to carry out such a transaction by making a bet. After a bet has been placed, it will be regulated by the terms and conditions in effect at that time.
The Company assumes no responsibility for typing, transmission and/or evaluation errors. In particular, the Company maintains the right to fix evident mistakes with the entry of betting odds and/or the evaluation of betting results (e.g., inaccuracies related to odds, teams, or events) even after the event has occurred, or to cancel affected bets. The stake is exclusively the amount confirmed and recorded by the Company. In case the erroneous event/market is cancelled all bets are void and will be evaluated as "won" with odds of 1.00.
Acceptance and Cancelation of bets
The Company retains the right, in its sole and absolute discretion, to reject all or a part of any bet or stake request. You do so voluntarily and at your own risk when placing any wagers.
We only accept bets/stakes placed through the cash desk or website. The receipt of bets or stakes in any other format—by mail, email, fax, etc.—will declare them invalid.
The client is in the role of ensuring the information about their bets or stakes is correct.
Bets/stakes are processed in the order they are received.
You acknowledge that you did not know how an event would turn out when you placed your bet(s) (s). You are not permitted to place bets on events in which you have a direct stake or access to inside information. The Company has the right to void the wager and invalidate any wins if there is any indication of collusion, fraud, or any other behavior that would violate this regulation. The Company also has the right to take additional legal action as necessary to uphold national and international laws and regulations as well as to protect its legitimate interests. Any questionable activity may also be reported to the many monitoring organizations established to ensure and preserve the integrity of sports betting.
Every time a participant makes more than one wager on the same event, each wager is treated as a separate wager. You have thirty (30) calendar days from the date of this sentence to see the Website's list of all bets, their status, and other information.
The Company maintains the right to consider all wagers on an event or events invalid if they come from a group of participants who appear to have prior knowledge of the result of the event or events, such as in the case of syndicate betting.
Any person or group of people that manipulate promotions or any other offer and are found to be operating as a syndicate (team) will have their account terminated immediately.
Also, the transactions (bets) in question will not count toward the requirements of any promotion or bonus offer.
In the event that you are determined to be abusing the system as stated in these rules, the Company further retains the right to reclaim any bonuses you have received and deduct them from your bet amount.
Bets that have already been placed and accepted under the general Terms and Conditions and sports regulations will not be invalid, and you will be paid any accumulated wins at the Company's discretion if the Company decides to deactivate your account for any reason. To the extent permitted by law and regulation, the Company retains the right to cancel any transactions (bets) related to an account that trigger security concerns, to retain and exercise its right of lien on any wins, and to refund such funds less any applicable Charges.
By placing a bet, you confirm that you have read, comprehended, and fully accepted all of the terms and conditions and sports betting rules surrounding the bets that the company provides, as stated on the website and all other electronic platforms.
The possible payout on bets with fixed odds is calculated by multiplying the initial bet by the specified decimal odds. This calculation's outcome includes the initial stake amount, which is paid out for all real money bets.
Your account will be credited with winnings after the final outcome is confirmed. Any post-event change of the result brought on by disciplinary actions (doping) or involvement by governing authorities shall not be taken into consideration when evaluating the outcome of a wager. However, the Company retains the right to withhold any awards in the event that an event is under investigation due to a suspicion of illegal activity that may have had an impact on the outcome of the event. The Company reserves the right to invalidate any associated bets if any irregularity is found to have occurred.
When multiple bets (such as doubles, trebles, 4-folds, etc.) are put on a bet slip as a combination of multiples (e.g., 3 doubles, 2 trebles), all bets placed through this combination will be settled after the conclusion of the final event in the combination. For instance, if you place the maximum combination of three Doubles on your bet slip and choose three markets, all three Doubles will not be resolved until the final market has been settled*.
For matches that are 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, 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-outs), whether the game length is advertised by us or not. For instance, this clause would apply to tournaments or friendly games. These competitions include U/16, U/17, Women Seniors, and a few international friendlies, among others.
184.108.40.206 Any half-time bets will be invalid if the game is played in an unusual format (such as three or four periods), but all other approved bets will be settled on the basis of the result at the conclusion of the appropriate game duration as described in this provision.
The Betting Coverage rules (including maximum wins) outlined in these Terms and Conditions apply to all bets and stakes, including:
(a) Every wager or stake may be suspended and/or canceled at any moment by the company. All bets placed will be disregarded when a bet, game, or wager is suspended. Moreover, the Company has the right to stop betting on any territorial zone at any time and without prior warning.
(b)Your betting account is credited with winnings from settled bets. Any money or prizes that were incorrectly credited to an account are not usable, and the company retains the right to cancel any transactions involving those funds, remove the rightful amount from your account, and/or go back and reverse the transaction, either immediately or in the future.
(c) The event's announced start time will be taken as the "kick off" for events where no official "kick off" has been declared. If for any reason a bet is inadvertently accepted after an event or match has commenced, bets will stand providing the final outcome is not known, and that no participant/team has gained any material advantage (e.g. a score, sending off for the other team, etc.) at the time the bet was placed. The Company maintains the authority to cancel any bet, win or loss, if the result of an event or market is known. The transaction log will be used to settle disputes about time bets.
Errors in entry or transmission are not the responsibility of the Business. The Company maintains the right to correct any obvious mistakes, especially when entering bet odds, such as a mix-up with odds or outcomes, teams, etc.
The Corporation disclaims any responsibility for the accuracy and accuracy of the information supplied.
For the correctness of live scores, statistics, and intermediate outcomes in live betting, the company takes no responsibility.
For the avoidance of doubt, the terms in paragraphs 220.127.116.11 and 1.1.3 as well as any other provisions of these Terms and Conditions relating to applicable taxes and any changes from time to time made by the tax laws in Kenya apply to winnings or the determination of winnings and amounts payable to a Customer.
Single bets are the most basic type of betting. You predict an outcome, specify the desired stake and place the bet. You win the bet if your guess turns out to be accurate. The chances are multiplied by the bet to calculate the winnings.
Single Bet through the Website
You can use the website to make one wager.
The Website is quite simple to use; all you have to do is follow the on-screen instructions to choose the game that interests you, click on the team you think will win at full time, and a betting slip will then appear. The amount you want to bet is then entered. Be sure you click "PLACE A BET" to complete the process of putting your wager. You will get a confirmation message on the website screen with information about your placed bet and the Single Bet ID.
e.g. BetID 9805 on Burnley-Sunderland, 1, confirmed. Amount KSH100.00. Excise Tax KSH6.97. Payout KSH153.31. SP balance is KSH76398.55
The wagers you put are automatically presented as a multi bet if you wager on two or more games. The odds of each individual game are multiplied to determine the overall probabilities. Please be aware that a multi-bet only pays off if all of your predictions are accurate.
An example of this would be: Man City win (1.35), Chelsea win (1.75), Atletico 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= 4.725. This means that, if your three selections win, you will win 4.725 times your bet Amount. E.g. 4.725 x Kshs 200 = Kshs 945. Where 4.725 is your total odds, Kshs 200 is your bet amount and Kshs 944 is your possible win without tax.
Multi bet through the Website
You may use the website to put a multi-bet.
The Website is really simple to use; all you have to do to choose the game that interests you is follow the directions. Next, just click on the team you think will win at full time, and a betting slip will appear. The amount you want to stake is then entered. Be sure you click "PLACE A BET" to complete the process of putting your wager. You will get a confirmation message on the website screen with information about your put bet and the Multi Bet ID.
e.g. Multi BetID 1136 confirmed. Amount KSH100.00. Excise tax KSH6.97. Possible payout KSH710.38. Your SP balance is KSH61847.51
Own goals do not count for settlement purposes in the following categories/markets, and the selection will be considered void. (odds = 1.00).
Anytime goal scorer (Where selected player scores an own goal).
Player to score 2 or more goals.
Player to score a hat- trick.
Any bookings that occur after the allocated time 90 minutes have passed are not taken into account for betting reasons. Cards displayed to non-playing staff or inactive players, cards shown before to kickoff or following the final whistle, cards cancelled by the referee during the course of the game, and cards shown to any of these individuals do not count. Cards displayed during the half-time break count towards the full-time and second half markets.
For all markets relating to booking points, the following rules apply:
A yellow card is 10 points.
A red card is 25 points.
A second yellow card that leads to a red card is 25 points.
One player can only contribute a maximum of 35 points towards the total booking points.
Be aware that certain "live" streams, whether on television, radio, or the internet, are susceptible to delays, and as a result, an event may be slightly behind or ahead of other users.
All live bets will be subject to a "delay" before being placed; the length of the hold varies per sport. You will be offered the choice of putting the bet at the updated odds or not placing it at all if the odds change between the time you click "bet" and when the bet is actually placed. On the website, live scores are just shown for informational purposes. Any mistakes in the real-time results shown on the website will not be the responsibility of the Company.
Any wagers made after the result of an event is always determined be subject to cancellation by the Company. When a team has established a significant lead as described above and a bet is placed with inaccurate odds because of delayed "Live" broadcast of an event, the wager will be void.
The odds on each option are updated often to reflect developments or the events themselves. Between the time your bet is entered on the bet slip and the moment it is placed, the odds or handicap may rarely change.
You will be asked to confirm if you want to place the bet with the revised odds if the current odds or handicap differ from the odds on the bet slip. You will need to confirm that you still want to place the bet at the odds of 3.5, for instance, if the current odd is 3 but the odds on the bet slip are 3.5.
BOXING SPECIAL RULES
When the bell for the first round rings, a boxing match is considered to have begun for betting purposes.
The boxing match's final outcome is valid. This includes any scorecard recounts done by the judges.
For betting reasons, a draw is regarded as the best possible outcome in any boxing contest that is ruled a "technical draw."
Any future modifications made by regulating authorities are not taken into account while placing bets.
All wagers are still valid even if the boxing match occurs in a nation other than the one from where they were placed.
All bets are void if the boxing match is postponed for any reason on the scheduled day and is not played within 72 hours of the scheduled start time.
Terms and Conditions of the Company are applicable. However, in the event of a conflict between these particular rules and the Company's standard Terms and Conditions with relation to boxing contests, these special rules takes priority.
For bets to be valid, all games must begin at the specified time (local stadium time).
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.
Unless otherwise specified, all pre-game bets include overtime.
In the event of any of the following circumstances all bets will stand:
A change of schedule and/or day of match
A change of venue
A change from indoor court to outdoor court or vice versa
A change of surface (either before or during a match)
In the case that a game begins but is not finished, all wagers are void.
Tournament match betting: For bets to be accepted, both participants in a given match-up must participate in at least one tournament point. Bets will be void if competitors advance to the same round of the competition.
If a super tie-break is used to decide the final set, this is counted as a set consisting of one game.
Set betting: If the required number of sets are not completed or have been changed, the bet is void.
First Set Winner: If the first set is not completed, bets will be void.
The Handicap, Total Games in Match and Player Games markets are based on a statutory number of sets (see related Set Betting).
All bets are void if the required number of sets is changed or differs significantly from those made available for betting.
All rugby wagers are settled on an 80-minute game, unless otherwise specified.
Rugby sevens and tens match wagers are settled according to the rules of the particular competition, unless otherwise specified, and extra time is not included.
All wagers on a game are void if the venue differs from the one that was specified.
Any bets for said match are void if the opponent changes from what was listed.
Matches not played as listedIf the venue of a game changes, all bets already made on the home team will still remain. All wagers made based on the original listing will be void if the home and away teams for a listed match are reversed.
MOTORSPORT/MMA/ICE HOCKEY/OTHER SPORTS
The outcomes of games in certain sports could be subject to special rules. For more information, please refer to the rulebooks for each sport.
SETTLEMENT OF STAKES
Stakes will be settled using data from the official score(s) source or the official website of the relevant tournament or event.
We will use independent evidence to support bet settlement where statistics from an official score(s) source or official website are unavailable or there is significant evidence that the official score(s) provider or official website is inaccurate.
Bets will be decided using our own statistics if there is no trustworthy, reliable evidence or if there is enough conflicting evidence.
COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION
Please get in touch with us if there is a claim or dispute relating to a previous or ongoing transaction. If the Company is unable to resolve the disagreement, the Company may send it to an arbiter, such as the Betting Control and Licensing Board, whose judgment will be final (apart from instances of evident mistake) and will be the subject of complete transparency to all parties. Unless the Company fails to fulfill the arbitration judgment, no dispute over any bet/stake will give rise to litigation, judicial action, or objection to a bookmaker's license or permission (including any remote operator's license or personal license).
Bets/stakes on Kenyan sports will always be settled using data given by each sport's appropriate governing body, such as the Kenya Premier League, including statistics and outcomes (obvious errors excepted).
Regardless of the player's place of residence, these Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter shall be governed and interpreted in accordance with the laws of Kenya.
You hereby irrevocably consent that, subject to clause 26.6, the Kenyan courts shall have exclusive jurisdiction over any controversy arising out of or related to these Terms and Conditions. This consent is given by your acceptance of these Terms and Conditions, your placing of bets or stakes, and/or your use (whether authorized or not) of the facilities provided by the Company (whether through the Mobile service, Website, and all other media/electronic platforms, or otherwise). Notwithstanding the above, the Business is permitted to bring an action against a client in the court of the client's country of residence.
OFFERS, BONUSES, PROMOTIONS
Each customer may occasionally receive promotional offers and bonuses from the company. The firm has the entire decision to give the promotional offers and bonuses, and this discretion may change at any moment.
The company reserves the right to reclaim the bonus element of such offers and, in the company's sole discretion, settle bets/stakes at the standard odds in the event that any term of the offer or promotion is violated or there is evidence of a series of bets/stakes placed by a customer that as a result of a deposit bonus, enhanced payments, free bets/stakes, or any other promotional offer results in guaranteed customer profits regardless of the outcome. A client administration fee up to the value of the deposit bonus, free bet/stake, or additional payment to cover administrative costs may also be assessed by the company. Before the Company credits any bonus, free bet/stake, or offer to the customer's account, the Company further retains the right to request any client to submit adequate evidence for the Company to be satisfied in its sole judgment as to the Customer's identification.
Whenever, the Company maintains the right to modify or revoke any client offer.
With this function, you may cash out on your bets before they are completed, giving you the chance to recover some of your staked funds before the event is completed and the outcome of your wager is known.
The Cash out feature is only available on pre-match odds.
Cash-out is not available:
On bets with losing selections;
On bets placed using bonus funds;
Where there are no odds available for a selection on the bet;
Where the event has concluded.
Your wager is regarded as resolved after it has been cashed out, regardless of how the event ultimately turns out.
To view and exercise the available options, please see your bet history page.
USE OF THE SERVICE, WEBSITE AND ALL OTHER MEDIA/ELECTRONIC PLATFORMS
You may access Information and Content Information on the Mobile service, Website, and any other media/electronic platforms, but you may only use that information for your own personal purposes. It is expressly forbidden to share or otherwise exploit that information for profit. No guarantee is made regarding the consistency with which such material will be provided, its correctness, or the outcomes of using it. The material is just being made available for informational reasons and is not meant to be taken as advice or recommendations. While placing bets or stakes, which you do so at your own risk and judgment, you shouldn't rely on it.
The functionality of the Mobile service, Website, and all other media/electronic platforms may be impacted by your computer or mobile device and internet connection. The Company makes no promises on the reliability or fault-free operation of the Website, Mobile service, or any other media/electronic platforms, or regarding the uninterrupted delivery of Company services. The Company disclaims all responsibility for any errors or problems brought on by your telecommunication or internet equipment, connection, or service provider (including, for example, if you are unable to place bets or stakes or to view or receive certain information in relation to particular events).
Only bets and stakes on events and/or gaming goods may be placed via the Mobile service, Website, and all other media/electronic platforms and Company products.
You must not use the Mobile service, website, or any other media or electronic platforms for any conduct that the company deems to be unlawful, libelous, abusive, or obscene, or that it finds to be unfair, dishonest, fraudulent, or improper.
Any customer who engages in fraudulent, dishonest, or illegal conduct through or in connection with the Mobile service, Website, and any other media/ electronic platforms or the Company's goods may face legal action as well as contractual penalties from the Company. If any of these are detected, the company will not pay any customers. Any Claims (as defined above) resulting directly or indirectly from the customer's fraudulent, dishonest, or criminal behavior are subject to indemnification by and payment to the Company upon demand from the customer.
SOFTWARE AND TECHNOLOGY ISSUES
Unless as authorized by applicable law, you are only allowed to use the software provided to you through the Mobile service, Website, or other media/electronic platforms in order to utilize the goods on the Mobile devices or on all other media/electronic platforms.
By accepting this agreement, we provide you a personal, non-exclusive, and non-transferable right to use the applicable software for utilizing the products across all platforms.
You are not permitted to:
Install the program, put it onto a server or other networked device, or take additional actions to make it accessible to anybody else through any kind of "bulletin board," online service, remote dial-in, or network;
except as specifically stated elsewhere in these Terms and Conditions, you may not sublicense, assign, rent, lease, loan, transfer, or duplicate your license to use the program or produce or distribute copies of the software;
enter, access or attempt to enter or access or otherwise bypass the Company's security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Mobile service, and all other media/electronic platforms any changes to the software and/or any features or components thereof;
any user manuals offered "online" or in electronic format should be copied or translated; alternatively
(v) engage in activity on the Company's system that is forbidden by law, including but not limited to the Computer Misuse and Cybercrimes Act of 2018, on the software, the Website, the Mobile devices, all other media/electronic platforms, or elsewhere. (Act No. 5 of 2018 of the Laws of Kenya).
Moreover, and except for the limited objectives specifically authorized by the Kenya Information and Communication Act, 1998 (Act No. 2 of 1998 of the Laws of Kenya), or any legislation replacing, repealing, augmenting, and/or modifying the abovementioned laws, and any other applicable law, you are not permitted to:
the software should not be translated, reverse engineered, decompiled, disassembled, changed, or subjected to any modifications.
(ii) Any effort to find the software's source code, including reverse engineering, decompiling, disassembling, translating, adapting, and creating derivative works based on the entire or any portion of the software, is prohibited.
The software does not belong to you. The Business or a third-party software provider firm is the exclusive owner of the program and is its exclusive property (the "Software Provider"). Any software and related materials that the Software Provider has licensed to the Business are their exclusive creations and are thus covered by copyright laws all over the globe. You do not acquire any intellectual property rights in the program by your use of it.
The program is provided "as is" with no express or implied warranties, conditions, commitments, or representations of any kind. The Company hereby disclaims any implicit representations, guarantees, and conditions (including any of merchantability, satisfactory quality and fitness for any particular purpose). The Business makes no warranties regarding:
the program will satisfy your requirements;
the program won't violate anybody else's intellectual property rights;
the software will run without bugs or without interruptions;
any defects in the software will be corrected; or
the software or the servers are virus-free.
Neither the Company nor the Software Provider shall have any responsibility to you or to any third party for any communications or system problems relating to the settlement of accounts or other features or components of the software. In the event of such inaccuracies, the Company maintains the right to take any further necessary corrective action, including removing any pertinent items from the Internet, mobile service, and other media/ electronic platforms.
You hereby acknowledge that the Company has no control over how you use the program. You download and use the program at your own risk as a result. Regarding your reception and/or use of the software, the Company will not be liable to you or to any third party.
The program may include secret or valuable proprietary information to the Business or the Software Supplier. Other than strictly adhering to these Terms and Conditions, you are not permitted to use or disclose such sensitive information.
While the Company makes every effort to guarantee that the Mobile service, Website, and any other media/electronic platforms are accessible around-the-clock, the Company shall have no liability if any of the aforementioned elements are ever temporarily or permanently unavailable. We retain the right to modify or rectify any part of the material, services, or goods made available via it, including your access to it, as well as to change, pause, or cease their availability.
You are not permitted to abuse the mobile service, website, or any other media/ electronic platforms by uploading malware such Trojan horses, worms, logic bombs, or other dangerous software. The Mobile service, Website, and all other media/electronic platforms, as well as 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, as well as any equipment or software owned or used by a third party, are specifically prohibited from being accessed, interfered with, damaged, or disrupted without authorization. You may not use a denial-of-service attack or any other method to target our website, mobile service, or other media/electronic platforms. When you use software or download any content from it, any mobile service, website, or any other media/electronic platform linked to it, we won't be liable for any loss or damage brought on by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material.
THIRD PARTY CONTENT
A variety of sources provide information, feeds, and commentary to the company. You might need to accept extra terms and conditions before using some third-party product providers' feeds, commentary, and material. Do not use the relevant feeds, commentary, or information if you do not agree to the applicable third-party terms and conditions.
Regarding any feeds, commentary, or information from third parties, the Company disclaims all liability.
Any connections to third-party resources found on the Mobile service, Website, and other media/electronic platforms are given only for your information. The Company does not have any influence over the information on these websites or other resources, and it disclaims all responsibility for any loss or harm you may incur as a result of using them. The presence of a link to a third party does not imply support for the goods or services offered by that third party (if applicable).
The Company will have no liability for any mistakes about stakes or wagers, including:
the Company has incorrectly stated the relevant odds/spreads/handicap/totals;
the Company continues to accept bets or stakes on closed or suspended markets;
the Company incorrectly calculates or pays a settlement amount; or
any error occurs in a random number generator or pay tables included, incorporated or used in any game or product.
Incorrect Price - All open bets will stand and be settled at the company's updated price when an obvious error is discovered before, during, or after an event. When an event has enough lead time, the company will make an effort to get in touch with the customer and may, in our sole discretion, give them the option of canceling the wager.
Incorrect Count/Line/Spread/Handicap/Total -All open bets will stand and be settled at the count, line, spread, handicap, or total accepted at the company updated price where an obvious error is discovered before the commencement of an event, during the event, or after the event, with the exception of the following circumstances:
where a revised price is deemed less than 1/1000 then bets will be void.
any bet placed on a count, line, spread, handicap or total where the outcome is already known when the bet was placed will be void.
Incorrect Fixture - All bets are invalid if the incorrect player or team is mentioned in the fixture name. The Company shall have exclusive discretion in making such a judgment.
Wrong Participant - Bets put on a participant who is incorrectly quoted for a game or event will be void, and bets on other participants may also be worthless. The Company shall have exclusive authority to make such a judgment.
Late Bets - If a pre-event bet is accidentally accepted after a game or event has started for any reason, bets will be paid as follows:
If the event and market is covered In-Play then bets will stand at the revised price at the time the bet was placed (where a revised price is deemed less than 1/1000 then bets will be void), unless the outcome is already known in which case such bets will be void.
If the event or market is not covered In-Play then the bet will stand as long as the selected participant or team has not gained a material advantage (e.g. a score, sending off for the other team etc.). Where a material advantage has been gained the Company reserves the right to void the bet, win or lose. Any bet placed where the outcome is already known, including In-Play, will be made void.
The company keeps a close eye on all traffic to and from websites, mobile devices, and other media and digital platforms. If the Company finds evidence of automated or robotic behavior, it has the right to limit access at its sole discretion.
The Company maintains the authority to place geographic restrictions on the use of the Website, mobile service, and any other media or electronic platforms.
The Company reserves the right, at any time and for any reason, to change or modify the items made available through the Mobile service, website, and all other media or electronic platforms.
All or a part of the mobile service, website, and other media/electronic platforms can occasionally be unable to provide their respective services. If that (unavailability) occurs, the company will not be responsible for any loss or harm the client may experience.
OUR INTELLECTUAL PROPERTY RIGHTS
International copyright laws and other intellectual property rights protect the content of the Mobile service, Website, and all other media/electronic platforms that are held by the Company. The Corporation, its affiliates, or any third-party licensors are the rightful owners of these rights.
Any brand names, service marks, and trade names that appear on the Mobile service, website, and other media/electronic platforms are the property of their respective owners, including the Company.
No part of the Website may be duplicated or stored, modified, copied, republished, uploaded, posted, transmitted, or distributed, by any means or by any means, 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, except to the extent necessary to use a product for the purpose of placing bets or stakes, without our express prior written consent.
If you use a feature that enables you to post content to the Mobile service, website, and other media/electronic platforms ("User Content"), that content will be deemed non-confidential and non-proprietary, and the Company will have the right to use, copy, distribute, and reveal any User Content to third parties for any purpose. Moreover, the Company has the right to reveal your name to any third party who claims that any User Content you post or upload to the Mobile service, website, or any other media/electronic platform violates their intellectual property rights or privacy rights. Any User Content you post on the Mobile service, website, and other media/electronic platforms may be deleted, changed, or edited by the Company.
Participants must not use the Company to carry out any illegal activities, and all players must uphold the strictest moral standards and adhere to the rules of the Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009 of Kenya and as amended from time to time, as well as all other enabling laws and conventions, in their interactions with the Company.
To stop money laundering and other criminal acts, the Company will closely review every transaction.
You shall notify the Company right once if you become aware of any suspicious conduct involving any specific person(s), participants, players, or authorities, as well as any accuracy or malfunction of the Games, its software, or its equipment.
Any suspicious transactions will be reported to the appropriate authorities, and if the Company suffers financial loss or harm to its person or reputation, all available legal measures will be used, at the perpetrator's cost, to resolve the issue.
The Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 or any other applicable law may require the Company to do so, or it may be requested by the authorities, in which case the Company may suspend, block, close, or withhold your account and money.
You can send an email to customer service at [email protected] if you have a problem.
The Business will always use its best efforts to swiftly address a reported issue.
You may also email the company at the listed addresses with any questions you may have about any transaction. Any contested or questioned transactions will be examined by the Corporation.
You can file a complaint with the Betting Control and Licensing Board if, for any reason, you are dissatisfied with how the Company handled your complaint ("BCLB").
Please take note that by getting in touch with the BCLB, you are attesting that you did not violate any of the terms and conditions you agreed to when registering with the company.
Every other time a disagreement occurs, the parties must submit it to arbitration before a single arbitrator they have chosen in writing, with Nairobi as the designated location. If the parties cannot agree on who will serve as the arbitrator, the chairman of the Kenyan Chapter of the Chartered Institute of Arbitrators will, at the time of the request of any party to the dispute, select the arbitrator.
Please visit the website https://pesaland.co.ke/page/responsible-gaming for further details.
Any delay, failure, or omission (in whole or in part) in enforcing, exercising, or pursuing any right, power, privilege, claim, or remedy conferred by or arising under these Terms and Conditions or by law shall not be construed as a waiver of that right, power, privilege, claim, or remedy in respect of the circumstances in question, nor shall it prevent the enforcement of that right, power, privilege, claim, or remedy in the future.
Except as otherwise specified in these Terms and Conditions, the rights and remedies granted by these Terms and Conditions are cumulative and do not exclude any other legal rights or remedies.
The other provisions of these Terms and Conditions shall be in full force and effect even if any provision of these Terms and Conditions is determined by any court or administrative body of competent jurisdiction to be unlawful or unenforceable.
The Company may from time to time reasonably require that you confirm/accept, execute or cause to be executed all documents, do or cause to be done all additional acts and things consistent with the provisions of these Terms and Conditions in order to vest in and secure to the Company the full benefit of rights and benefits to be transferred or granted to the Company under these Terms and Conditions and for the protection and enforcement.
No partnership, joint venture, or principal-agent relationship between the parties is created or implied by these Terms and Conditions, and unless clearly stated otherwise, neither party shall have the power to bind the other in any way.
The Company shall not be in breach of these Terms and Conditions nor liable for any delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances, or causes outside of its reasonable control, including (without limitation) any failures of telecommunications networks, power failures, failures in third-party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, and others. In such cases, the time for performance should, to the extent possible, be extended by a term equal to the time that the duty has been unfulfilled or postponed.
Any of the Company's rights and duties under these Terms and Conditions may be assigned, transferred, charged, sublicensed, or dealt with in any other way by the Company, including to any company in the Company group.
Any notification required by these Terms and Conditions shall be in writing, in the English language, and shall be sent personally, or by airmail, email, SMS, first-class mail, recorded delivery, or registered mail:
the Company's address, which is provided at the beginning of these Terms and Conditions and elsewhere, in the case of the Company; and
with relation to notices provided to you by the Company in accordance with the customer registration process (including any amendment to those details you have notified to the Company).
Any notice shall be deemed to have been received:
if delivered by email, SMS, hand delivery, at the time of delivery;
if sent by first class post, recorded delivery or registered post, at 14:00hrs (East African Time) on the second clear day after the date of posting;
if sent by pre-paid registered airmail, on the fifth clear day after the date of posting; and
if sent by fax, at the time of transmission by the sender.
Bets placed on the market will be canceled and bet amounts refunded if a result is not confirmed within seventy-two (72) hours.
When a winner passes before collecting their prize, the dependents or family can only collect the money with the proper court instructions, such as a Confirmation of Award.