TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
The following terms and conditions are valid as of 31/12/2020 13:47:25, and supersede all previous terms and conditions
1. TERMS BINDING
- These terms and conditions constitute a binding agreement between you and Shabiki and regulate your use of all gaming services offered by Shabiki (the “Service”).
- The terms ‘Shabiki’ or ‘we’ or ‘us’ are used in these terms and conditions to refer to GameCo LLP which is duly registered under the laws of Kenya. ‘You’, ‘yourself’, ‘user’, ‘player’ or ‘customer’ are terms that are used to refer to you, being the person accessing the Service and agreeing to be bound by these terms and conditions.
- We reserve the right to modify and update these terms and conditions from time to time, in order to improve on the terms and conditions, to address any changes in law, and to incorporate any changes in the Service.
- We will post the updated terms and conditions on our website. Although we will endeavour to notify you of any changes and updates in the terms and conditions, it is your responsibility to review the terms and conditions from time to time, and we will not be liable to you in any way should you fail to review the terms and conditions.
- If you find that the changes in the terms and conditions are unacceptable to you, you will be expected to terminate this agreement immediately and to stop any further participation in Shabiki.
- Your continued activity in Shabiki following our posting of a change notice or new terms and conditions on our website will constitute binding acceptance of that change.
- By continuing to use the Service following changes to the terms and conditions, you agree to be bound by the amended terms and conditions.
- These terms and conditions, including any policies, rules, guidelines, and appendices referred to or incorporated in the terms and conditions, are the final agreement between you and Shabiki, and they supersede all previous agreements between you and us, if there were any.
- All indicated dates and times are based on EAT (East Africa Time) unless stipulated otherwise.
- The betting service is available only in Kenyan Shilling (KES) only unless stated otherwise.
- All prizes and/or refunds are only collectible in Kenya.
- Players outside of Kenya can only place bets via M-pesa, where available.
2. SUPPLEMENTAL TERMS INCORPORATE
These General Terms and Conditions are supplemented by, and are deemed to include, the following supplemental terms, policies and rules:
- Jackpot Mbao Rules;
- Jackpot Sare Rules;
- Responsible Gaming Policy;
- Any other terms, conditions or rules relating to any offers, promotions or cash rewards which may be communicated to you or advertised by us from time to time.
- By using the Service, you agree to be bound by these terms and conditions and the supplemental terms policies and rules.
- Where there is an inconsistency between any provision in these General Terms and Conditions and a provision in the supplemental terms, policies or rules, the provision in the supplemental terms, policies and rules will apply.
3. LEGAL REQUIREMENTS
- The Service is restricted to individuals who are of legal age (at least 18 years old) and are of sound mind capable of taking responsibility for their own actions. By using the Service, you agree that you are of legal age and sound mind, and that you have the capacity to enter into a binding agreement with us. You also agree that you are not disqualified from using the Service by any law applicable to you and you are not in breach of any relevant law that is applicable to you.
- You confirm that you are not an undischarged bankrupt, and that you are a principal user and not an agent acting for a third party. You also warrant that you are the registered owner of the mobile number with which you are accessing the Service.
- We reserve the right to verify your statement of age and to decline or discontinue your use of the Service for any reason whatsoever. We will not be obliged to give such a reason. If it is identified that you are underage you will forfeit your winnings and your account will be blocked immediately.
- You agree that your use of the Service is on your own volition, and at your own discretion and risk. You also agree that your use of the Service is for personal entertainment and that your use is non-commercial and non-professional.
- You acknowledge that any activity in violation of these terms and conditions is strictly prohibited.
- By using the Service, you agree that there is a risk of losing money and you are fully responsible for any loss that you incur. You acknowledge that you will have no claim whatsoever against us, our partners, directors, officers or employees in relation to any such loss. You will indemnify us fully from any claim made against us in relation to any loss that you incur from your use of the Service.
- As you are aware, the right to access or use our website and our service may be illegal in certain countries. You are responsible for determining whether your accessing and or use of the Service is compliant with applicable laws in your jurisdiction and you warrant to us that use of the Service is not illegal in the territory where you reside.
- We may decline or discontinue your use of the Service without assigning any reason or being obliged to give to you any reason.
- By using the Service and opening an account with us, you agree to comply with all relevant laws, statutes, rules and regulations that govern the use of the Service and which are applicable to you. You also agree to assist us with the compliance with the applicable laws.
- You are expected to abide by these terms and conditions at all times and acknowledge that any breach of these terms may cause penalties to be imposed on you, including suspension or closing of account, cancellation of bets, and loss or forfeiture of winnings.
4. CUSTOMER’S ACCOUNT
- You must register an account with us in order to use the Service.
- You register an account with us either by (1) sending the word ‘join’ in an SMS to us, or (2) sending money to the paybill number provided by us, (3) Registering online though our website www.shabiki.com. Upon receiving your request for registration, we shall send to you a confirmation message which will indicate your account details to you.
- Your account details will comprise your mobile telephone number, which will be the same number by which you will have registered the account.
- Upon receipt of your SMS request to register an account with us as noted above we will assume that your intention is to create an account with us. We are not liable in any way whatsoever in the event that someone else uses your mobile number to register an account, and we have no obligation whatsoever to investigate or verify your intentions.
- By creating an account with us and placing a bet, you warrant that you are of legal age, you are competent to enter into a legally binding agreement with us, and that you understand and remain bound by these terms and conditions.
- You cannot operate multiple accounts. Should we identify any customer with more than one account we reserve the right to treat any such accounts as a joint account.
- You cannot access the Service through another person’s account. Any attempt to do so amounts to breach of these terms and conditions and may attract the penalties earlier noted.
- Your account may entail your mobile number as your username. You must keep this information secret.
- Whenever your username and password are entered correctly, any activity undertaken through your account will be treated as validly undertaken and any bets placed will stand, subject to there being sufficient funds in the account.
- You are solely responsible for any action taken through your account. Should you lose, misplace, give away or share your account number, username, password or any other details enabling access to your account with any person, we will not be held liable for any claim arising from access or use of your account.
- You will indemnify us and keep us fully indemnified against any claims of any nature arising from access to and use of your account.
- You are solely responsible for updating your personal details and keeping them updated. You are also solely responsible for the accuracy of your personal details as contained in your account. You are free to contact us for any assistance in updating your registration details.
- If your account is not accessed for 12 months it will be deemed to be dormant. Your account may be closed if it becomes dormant.
- You can request to have your account closed at any time. A form may be provided to you on request for this purpose, and you will be required to complete it and send it to us. You can also request to have your closed account reopened, and in such a case your new account will be subject to the terms and conditions that are in force at the time.
- You are not allowed to transfer accounts or to transfer funds from one account to another.
- Any funds in your account will not attract any interest whatsoever.
- You can opt out of receiving further communication from us or promotional material by sending the word ‘stop’ in an SMS to us.
- You will inform us as soon as you become aware of any errors with respect to your account and you will forfeit any amounts shown to be in your account that result from human error or technical fault.
We reserve the right to close or suspend your account at any time and for any reason. Without limiting the generality of the preceding sentence, we will be entitled to close or suspend your account if:
- you become bankrupt;
- we consider that you have used the Service in a fraudulent manner or for illegal or unlawful or improper purposes;
- we consider that you have used the Service in an unfair manner, have deliberately cheated or taken unfair advantage of Shabiki or any of its customers or if your account is being used for the benefit of a third party;
- we are requested to do so by the police, any regulatory authority or court;
- we consider that any of the events referred to in (i) to (iii) above may have occurred or are likely to occur; or
- your account is deemed to be dormant and its balance is, or reaches zero.
- You agree to pay us for every bet that you place, unless we indicate otherwise.
- Bets that are placed through your mobile number will be linked to your account. Your account will comprise an electronic wallet (“e-wallet” or “wallet”) component.
- You acknowledge that the paybill service is not in our control. We will not be liable in any way for any loss that is incurred by you as a result of any delays, failures, breakdowns, errors, interruptions, obstruction or collapse of the paybill system.
- We will credit your account only after we receive the money from you.
- Our system will generate a bet slip for each prediction that you make. We will send you an SMS confirmation for every bet slip generated.
- Whenever you send any amount of funds to the paybill, you will only place as many bets as equal that amount (less any charges levied on the amount) and accordingly you will be able to make corresponding number of predictions, for each which our system will generate a ticket.
- We are not liable to you in any way for any loss incurred by you as a result of your making or sending a prediction in an incorrect format. You will also indemnify us fully against any loss suffered by any person in connection with any predictions that you send.
- We reserve the right to reject a bet or any funds sent by you for purposes of placing bets without assigning any reason. In addition, we may limit any bets at our sole discretion for any reason whatsoever.
- Where you give ambiguous instructions, we reserve the right to split the amount of monies staked between the potential outcomes. Where this is impractical we reserve the right to void the whole of that bet. In any event, our decision is final.
- You may be required to keep all relevant bet slips, SMS and M-pesa confirmations as proof of deposit of any funds for purposes of using the Service.
- Any SMSs sent to us will be charged at the rates indicated to you from time to time through any communication by us.
- By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (i) to place your sporting and gaming stakes; and (ii) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting and/or gaming stakes. In such circumstances we may also report this to the relevant authorities.
- Please note that in the event that you deposit funds into your wallet while outside of Kenya, you will not be able to place a bet and we shall be under no obligation to place a bet(s) on your behalf. You however shall be entitled to a refund subject to and in accordance to Clause 7(w).
- No credit will be offered by us or any of our employees, and all bets must be supported by sufficient funds in the customer account. Shabiki reserves the right to void any bet which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet. Should funds be credited to a customer's account in error it is the customer's responsibility to inform Shabiki without delay. Shabiki will recover such funds by account adjustment.
- It is the responsibility of the customer to ensure that details of their bets are correct. Once bets have been placed they may not be cancelled by the customer. Bets can only be changed by the customer using any features we may have in place for editing bets. Shabiki reserves the right to cancel any bet at any time.
- Your funds will be allocated to bets in the order in which they are placed and will not be available for any other use. Shabiki reserves the right to void or reverse any transactions made after a bet has been placed involving allocated funds, either at the time or retrospectively.
- The Service, including our website, may only be used for the purposes of placing bets on events or gaming products.
- You must not use the Service for the benefit of a third party or for any purpose which (in Shabiki’s opinion) is illegal, defamatory, abusive or obscene, or which Shabiki considers discriminatory, fraudulent, dishonest or inappropriate.
- Shabiki will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Service. Shabiki will withhold payment to any customer where any of these are suspected or where the payment is suspected to be for the benefit of a third party. The customer shall indemnify and shall be liable to pay to Shabiki, on demand, all claims arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
5.A DATA PROTECTION
- Your consent above shall further constitute consent to our affiliates, strategic partners, agents, authorized service providers, consultants, advisers and relevant third parties (“Authorized Third Parties”) to collect, use and disclose your Personal Data for the purposes reasonably required by us and the Authorized Representatives to perform our contractual obligations hereunder/or to provide the services hereunder.
You further acknowledge that:
- The processing of Personal Data obtained from you by Shabiki and the Authorized Third Parties is necessary for the purposes of the legitimate interests pursued by the Shabiki or the Authorized Representatives, and that such interests are not overridden by your interests or fundamental rights and freedoms.
- The processing of Personal Data obtained from you by Shabiki and the Authorized Third Parties is also necessary for the performance of this Agreement between you and Shabiki.
- Your consent to the collection and processing of personal information above shall constitute express consent to the use of personal data for commercial purposes in terms of the provisions of section 37 (1) of the Data Protection Act, 2019.
- You hereby certify that all the information provided by you is true and correct to the best of your knowledge, and that any misrepresentations or falsity therein may be considered as an act to defraud Shabiki and its partners.
- Pursuant to Section 26 of the Data Protection Act, No. 24 of 2019, please note that you have a right to be informed of the use to which your personal data is to be put, to access your personal data in our custody, to correction of false or misleading data, to the deletion of false or misleading data about you and to object to the processing of all or part of your personal data, provided that Shabiki may terminate the Agreement contained in these Terms and Conditions (including barring you from participating in the Service and on the Platform if any objection or withdrawal of consent, in the opinion of Shabiki is warranted and justifiable.
- Your Personal information collected by Shabiki may be stored and processed in any other country in which Shabiki’s servers are hosted for the time being. Accordingly, by using the Service, you consent to any such transfer of information outside of your country provided that Shabiki may keep you notified of the transfer once it is done.
6. BETTING RULES & PROCEDURES
- While we endeavor to ensure complete accuracy in relation to the announcement, publication and issue of prizes, results and other relevant information, we are cognizant of the fact that errors may arise in the aforesaid processes. We undertake to correct any such errors in appropriate manner and within a reasonable time. We may communicate to you where such errors arise necessitating correction. The player indemnifies and defends Shabiki against any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error in the event that such errors are established to have been occasioned by the player.
- A bet is not valid until we issue a confirmation before the betting event. All bets that have not been confirmed by us before the start of the betting event will be considered void unless in our absolute discretion we accept the bet.
- A bet shall be deemed to be void if the required stake is not transmitted in full before the event commences, unless (in our absolute discretion) we accept the bet subject to authorisation.
- Bets will only be accepted up to the advertised start time. Any bet that is inadvertently accepted, including in relation to an event after its start time, will be cancelled. If any portion of a multiple bet is inadvertently accepted then all parts of that multiple bet will be cancelled. Bets placed after the final event result is known will be voided. Bets on events that have started will be void unless it is a live-betting event.
- Should there be a dispute over the start time of an event where an official starting time is not given by that sport’s governing body, then the time that we determine the event to have started and the time at which the bet was placed, according to our records, will be conclusive evidence in the settlement or non-settlement of all bets in respect of that event.
- Bets may not be cancelled or changed once the bet has been placed and acceptance of the bet has been confirmed by us.
- It is your responsibility to understand the betting and gaming terminology used on our website and the mechanism of any bet types that you select. If you have any queries as to how certain bet types work, please contact our customer support before placing any such bet. We cannot accept any responsibility in the event that you place a bet which you do not fully understand.
- A number of bets may be treated as being one when a customer places multiple copies of the same bet. When this occurs all bets may be voided apart from the first bet struck.
- Where there is evidence that a series of bets each containing the same or identical selections have been placed by or for the same individual or syndicate or individuals, Shabiki reserves the right to void such bets.
- If you have played in a professional capacity, or in tandem with other players as part of a club, group, etc., or placed bets in a coordinated manner with other players involving the same or identical selections; in this instance we further reserve the right, in our sole discretion, to restrict the total maximum pay-out for the combined total of any such bets, to the equivalent of the maximum payout limits permitted for a single customer as we may provide from time to time. The Service is for sole use on an individual basis and for personal entertainment only.
- Accumulative or multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.
It is a condition of your use of the Service that you represent that:
- you are not prohibited from entering into the bet by any term of your contract of employment or any rule of a sports governing body, which applies to you
- you are not aware of any circumstance which would make the placing of the bet a breach of a rule on betting applied by a sports governing body.
- where the bet is placed on the outcome of a race, competition or other event or on the likelihood of anything occurring, you do not know the outcome of the event or have not been involved in any circumstances which might affect its potential outcome.
- If we become aware or suspect that any such representation by you is or may be false your stake will be forfeited and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the relevant placed bet.
- The outcome of a bet is based on the result achieved on the field at the end of the betting event. Unless we state otherwise, the betting event is deemed to end after the Regular Time. Regular Time is defined for this purpose as the scheduled 90 minutes of play, or, in the case of events such as under-17 or under-16 which are ordinarily scheduled to end after 80 minutes, the scheduled 80 minutes of play; the Regular Time includes any added injury or stoppage time but does not include extra-time, time allocated for a penalty shootout or a golden or silver goal. Any decisions made after the betting event by disciplinary, sports or legal bodies and affecting or amending the result achieved on the game field will not be taken into consideration.
- Unless otherwise stated for any specific betting typology, if the time or date of a betting event is brought forward, or if the time for the betting event is incorrectly listed on our website, all bets placed before the beginning of the event and confirmed by us will be considered valid, but all bets placed after will be considered void.
- Unless otherwise stated in any rules that we may have for certain betting typologies, whenever an event is officially postponed, all the related bets will remain valid if the event takes place and is completed within midnight of the day following the date originally set for the match. If it does not take place or is not completed within the mentioned time frame, all the bet typologies related to that event will be deemed void within 24 hours.
- Unless otherwise stated in any rules that we may have for certain betting typologies, whenever an event is officially interrupted according to the time written in the bet slip, all the related bets will remain valid if the event is completed within midnight (EAT) of the day following the date originally set for the match. If it is not completed within the mentioned time frame, all the bet typologies related to that event will be considered void.
- Unless otherwise stated in any rules that we may have for certain betting typologies, if an event does not take place in the expected venue, or if one of the teams does not coincide with those originally scheduled for the match Shabiki reserves the right to void all the related bet typologies.
- Unless otherwise stated in any rules that we may have for certain betting typologies, where a match is cancelled or postponed, we may in our sole and absolute discretion carry out a draw to determine the result of the missing game result or deem the missing game result to be the same as the outcome of the match listed above the cancelled or postponed match on the list of matches. When the first match on the list is the one that is cancelled or postponed, the last match in that list of matches shall be deemed to be the match listed above the cancelled or postponed match. It is your responsibility to ensure that you are aware of the details of such a draw (including the time and venue) and/or to be aware of the outcome of the match listed above the cancelled or postponed match on the list.
- Shabiki shall not be liable to you in connection with voided bets where it is reasonably established that such bets were placed in violation of these Terms & Conditions and relevant national laws PROVIDED that Shabiki may return amounts staked by the player in the bet within a reasonable period.
- A team is considered to have scored the goal even if it was actually scored by an opposing player (an own goal) or if it was the result of a penalty kick during Regular Time.
- Unless otherwise stated in any rules that we may have for certain betting typologies, in the event of a game being abandoned after it has started but before the final whistle or buzzer, only bets that can be settled at the time of abandonment will stand.
- In case of serious irregularity impacting upon the outcome of a betting event (such as a team playing with a youth squad due to a strike, protest, illness, etc), Shabiki has the right to cancel accepted bets or declare such betting event void.
- If the result of an event or match is not immediately available from an official channel, then the result published by the official governing body immediately after the match or event is ended will be used for settling purposes. Any subsequent corrections or amendments to this result will not apply for settlement purposes.
- In the event of any uncertainty about any official result, Shabiki reserves the right to suspend settlement of any game until the uncertainty is resolved to its reasonable satisfaction.
- Shabiki shall not be liable for any loss resulting from any error made by the player or errors occasioned by the malfunctioning of the softwares except that Shabiki may refund any stakes placed by a player.
- Shabiki reserves the right to void any winnings that were obtained as a result of hardware or software error or malfunction. In the event of a website system, software or hardware malfunction, Shabiki may take any remedial actions to remedy the default which may include the voiding of any bets placed to mischievously benefit from the system errors and malfunctioning. Upon such void, the Player is deemed not to have placed the bet(s) and the stake(s) used may be returned to his/her wallet. Shabiki shall endeavour to communicate to you before voiding any such bets. Players found abusing such errors and malfunctions are subject to having their account closed and any deposits or winnings forfeited.
- We only accept bets made via mobile device, our website or our cash desk. Bets are not accepted in any other form (e.g. post, email, fax, etc.) and where received will be invalid and void.
- Whenever any bets are placed against odds, you are aware that any such odds are subject to fluctuation. All winning bets will be settled at the prices shown at the time the bet was accepted. In the event of equal position/result of two or more competitors, the winnings will be computed by dividing the original odds accepted by the number of competitors that share the same result.
- If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.
- We may, at any time, set off any positive balance on your account against any amounts owed by you to Shabiki.
- You are responsible for reporting your winnings and losses to the tax and other authorities in your jurisdiction.
- You have an obligation to inform Shabiki as soon as possible of any amount wrongly credited to your account. We may at any time offset any positive balance resulting from any erroneous action or activity, and we may also cancel possible bets or transactions made with any erroneously credited funds.
- The maximum pay-out limit per customer for each sport may be set by us. It is the responsibility of the customer to ensure they are aware of each limit before the bet placement.
- We reserve the right to make payment to any winning player by M-pesa.
- If your winning exceeds the M-pesa daily limits, then you may be required to give to us details of how payment will be made to you. You will be contacted through your mobile number as furnished by you to us and as contained in your account with us.
- We reserve the right to make any appropriate verifications of your payment details. We may also require you to include your payment details in your account at the time of registration or of updating your registration details.
- It is your sole responsibility to ensure your mobile number remains with you, and also to ensure that the payment details you give us are correct and accurate. We will not be liable for any loss incurred by you arising from inaccurate payment details supplied by you to us. You will also indemnify us fully against any claim by any person as a result of your giving us inaccurate payment details. You acknowledge however that we are not liable for any delays, errors and failures by any third party to make payment and you will have no claim against us whatsoever.
- We will be entitled to deduct, withhold and remit to any lawful authority any part of the winnings which is required to be deducted under any law for the time being in force.
- We are entitled to deduct from you any charges that we incur in connection with making any payment to you. If any customer owes any money to Shabiki for any reason, we have the right to take that into account before making any payments to that customer.
- You agree that any payments due to you will be rounded down to the nearest shilling. You shall have no claim whatsoever in respect of any payment so rounded down.
- We will endeavour to release winnings, subject to any deductions, to you as quickly as possible. In the event of any delay whatsoever, we will not be liable to pay any interest to you.
- Once a player is declared as a winner and entitled to payment, we will be deemed to be holding the funds on behalf of the player.
- Any winnings below KShs. 140,000 will be sent to your wallet account. You can withdraw such winnings by accessing your e-wallet and transferring the winnings to your M-pesa account. Once we send such winnings to your wallet we will be deemed to have paid the winnings to you, and we will not have any further obligation in regard to the winnings whatsoever.
- Any winnings above KShs. 140,000/= will be paid to your bank account in Kenya. You will be required to provide your bank account details and verification details confirming your identity, including your national identity documents, passport documents, KRA tax PIN, and proof of your address. These details must match your account details and your M-pesa details. We will endeavour to pay out winnings within forty-five (45) working days, provided that you furnished us with the details required in this Clause. In the event that you are entitled to a payment for winnings while outside of Kenya and you do not have a bank account in Kenya, your entire winnings shall be sent to your e-wallet. It is your sole responsibility to promptly inform us of the fact that you are outside of Kenya and that you do not have a bank account in Kenya.
- If a winner makes more than one correct prediction, only one prediction will be considered for any payment in relation to that winner. Accordingly, the winner will not be entitled to claim any prize for any other prediction.
- Shabiki reserves the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question; (ii) the price(s) or pool has been manipulated; or (iii) match rigging has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with Shabiki across any or all of our betting channels. A decision given by the relevant governing body of the sport in question (if any) will be conclusive.
- Where there is evidence of a series of bets each containing the same selections having been placed by or for the same individual or syndicate of individuals, Shabiki reserves the right to make bets void or withhold payment of returns pending the outcome of any subsequent investigation.
- If you deposit funds into your e-wallet while outside of Kenya, you will be entitled to a refund of the deposit. However, the refund will only be collectible in Kenya. The deposit will not attract any interest whatsoever. If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred. We are also entitled to deduct from you any charges that we incur in connection with making the refund to you. It is your sole responsibility to promptly inform us if and when you are in Kenya in order to enable us to process your refund. We will endeavour to pay the refund within forty five (45) working days of your confirmation to us that you are in Kenya. In the event of any delay whatsoever, we will not be liable to pay any interest to you.
- We may offer free jackpots and paid jackpots. Participating in a free jackpot will not entitle you to be considered to have participated, or to have intended to participate, in a paid jackpot.
- We reserve the right to vary the criteria for selecting the winner or winners of any jackpot. In the event there is more than one winner for any jackpot, the winnings for that jackpot will be shared among all those winners.
- Where there are no sporting events taking place and/or the sporting events comprising the jackpot are cancelled, we may offer our jackpots in the form of virtual sporting events. Where this is the case, the rule on Regular Time under Clause 6(n) above shall not apply. We shall determine the duration of each virtual football match solely at our discretion.
9. NON-ELIGIBILITY OF AFFILIATES OF SHABIKI
The following persons (“Ineligible Users”) are not eligible to use the Service:
- Our employees, partners, subsidiaries, contractors, advertising agencies, media partners, and any other agencies or affiliates of Shabiki as may be specified;
- For the avoidance of doubt, employees of each of the persons noted in (i) above;
- Members of the immediate families of each of the persons noted in (i) and (ii) above;
- persons who are participants in the events on which bets are made (athletes, coaches, referees, etc.), as well as acting on behalf of the participants in the events;
- All accounts operated or managed in violation of this clause will be immediately terminated.
- No winnings whatsoever will be payable to Ineligible Users.
- Shabiki takes no responsibility for knowing if the user is a member of one of the mentioned groups.
10. CASH REWARDS & PROMOTIONS
- Shabiki reserves the right to deny admission or to terminate admission to any of the cash rewards, promotions or special offerings, and to modify, suspend or discontinue their validity at its sole discretion and without informing the Customer.
- All cash rewards and promotional offers are subject to the terms and conditions made available when communicating the cash reward offer. If groups of customers acting in collusion or as a syndicate or individual customers who register several times, set up fictitious accounts or use any means to rig or manipulate cash reward offers, Shabiki reserves the right to deduct from the associated accounts or call in any cash reward payments granted, deduct from the associated accounts or cancel any winnings made with these cash reward offers, refuse to pay out any amounts requested and close accounts. Shabiki reserves the right to terminate or change a cash reward offer at any time. Furthermore, Shabiki takes no responsibility for the accuracy, completeness, or timeliness of the contents of the information services employed in relation to the cash rewards, promotions or special offers.
- In the event of an error when attributing a cash reward to a Customer account, Shabiki reserves the right to correct such errors by removing any funds that were put into a Customer's account erroneously and by voiding any bets that were placed by these funds.
11. THIRD PARTY MATERIALS
- Shabiki may receive feeds, commentaries and content from a number of suppliers and other third parties. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
- Shabiki does not accept any liability in respect of any third party feeds, commentaries and content. If you rely on this data to place bets, you do so entirely at your own risk and we accept no responsibility for any loss, direct or indirect, suffered by you as a result of your reliance on such data.
- Shabiki may not allow any employee of a third party service provider, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in Shabiki’s absolute discretion) to bet on an event where the third party service provider is providing a service to Shabiki. Shabiki will void any bet where it determines in its absolute discretion that such betting has taken place.
- Where our website contains links to third party websites and resources, these links are provided for your information only. Shabiki has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable).
12. INTELLECTUAL PROPERTY
We are the owners of:
- all copyright and related rights in and to our site, including, without limitation, rights in databases except for certain third party rights;
- all trade mark rights, whether registered or unregistered, in and to our logo; and
- the domain name www.shabiki.com which is our uniform resource locator ("URL")
- Commercial use by any person of any data or content from our site or from any other source is strictly prohibited without our specific prior written consent. Any automated or manual collection of such data for commercial use by any person is prohibited.
- You hereby assign to us absolutely, any and all copyright and other intellectual property rights throughout the world in all media whether now known or hereafter developed, for the full period of copyright, including by way of present assignment of future copyright and all other rights whatsoever, in any offers for bets or bets placed by you.
- Any data licensed to us from third parties is provided for use on our site only and may not be used for any commercial purposes without the consent of such third parties.
Any expression by Shabiki is an expression of opinion only and the client agrees, understands and acknowledges that they have not been induced to, and/or persuaded thereby to, enter into this “Agreement” and that the player has entered into the Agreement of their own free will and choice, without any force or duress, and only after thorough, complete, full, and thoughtful investigation and after obtaining independent advice and counsel from their accountant, their attorney, and their financial advisors.
You agree to defend, indemnify, and hold us and our affiliates, directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorney’s fees, resulting from, arising out of, or in any way connected with:
- any breach by you of any warranty, representation, or agreement contained in this Agreement;
- the performance of your duties and obligations under this Agreement;
- your negligence or
- any injury caused directly or indirectly by your negligent or intentional acts or omissions.
- You agree that we and our affiliates may hold information with respect to your identity, including but not limited to your mobile number, name, address and payment details. You agree that we rely on this information in entering into this Agreement and you agree to indemnify us against any falsehood or inaccuracy contained in the information you provide us.
- Shabiki makes no express or implied warranties or representations with respect to their services.
- In addition, we make no representation that the operation of our site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
- The entire risk of as to the use, quality and performance of the Service is yours. We make no warranty that the Service will meet your requirements, be uninterrupted, timely, secure or error-free, that defects will be corrected or that the software or server that makes it available are free from viruses or bugs or represents that the full functionality, accuracy and reliability of the Service as to results or accuracy of any information obtained by you.
- We reserve the right to suspend, modify or remove or add to our website any games or software at our sole discretion with immediate effect and without notice. We will not be liable to you for any loss suffered by you as a result of any changes made or for any modification or suspension of or discontinuance of the Service and you shall have no claims whatsoever against us in such regard.
- We will not be liable for computer malfunctions, failure of any telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us.
- Any information accessed by you on the Service, our website and all other media and electronic platforms (including results, statistics, sporting data and fixture lists, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited.
- No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.
- Shabiki receives feeds, commentaries and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
- Shabiki does not accept any liability in respect of any third party feeds, commentaries and content.
- Where Shabiki contains links to third party resources, these links are provided for your information only. Shabiki has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party does not constitute an endorsement of that third party’s product or services (if applicable).
17. LIMITATION & EXCLUSION OF LIABILITY
- While Shabiki endeavours to ensure that the information on our website is correct, Shabiki does not warrant the accuracy or completeness of the information and material on our website. Our website may contain typographical errors or other inaccuracies, or information that is out of date. Shabiki is under no obligation to update such material. The information and material on our website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Shabiki provides you with our website on the basis that Shabiki excludes all representations, express or implied warranties, conditions and other terms which but for these terms and conditions might have effect in relation to our website.
Shabiki shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
(a) loss of profits;
(b) loss of business;
(c) loss of revenue;
(d) loss of opportunity;
(e) loss of data;
(f) loss of goodwill or reputation; or
(g) any special, indirect or consequential losses,
whether or not such losses were within the contemplation of the parties at the date of these terms and conditions.
- Shabiki shall be under no liability whatsoever for any injury or damage, wheresoever occurring, caused to a player or to a player’s property during the player’s participation in Shabiki, and the player shall be deemed to renounce for himself, and for his representatives all claims for compensation for injury fatal or otherwise or damage to property howsoever caused or sustained during the player’s participation in Shabiki.
Without limiting the generality of the foregoing, the liability of Shabiki to the player for any loss or damage sustained by the player from any cause whatsoever including any loss arising out of the negligence of Shabiki or that of its servants, agents or sub-contractors, shall in any event and under any and all circumstances be limited:
- in the event of damages relating to a bet, to the amount staked by the player in respect of such bet; or
- in respect of any winnings by the player, to the credit balance of such winnings at the time during which the damages are alleged to have occurred, after full adjustment for errors, winnings, losses and taxes.
- Notwithstanding any other provisions in these terms and conditions, we will 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 player, whether or not caused by the negligence of Shabiki, its agents or employees.
- Insofar as any of the obligations of Shabiki under these terms and conditions are carried out by any of its servants, agents, sub-contractors, associates or subsidiaries, the provisions of this clause on limitation of liabilities shall apply in each case and each of them shall be exempted accordingly.
- We will not be liable if the player is unable to place a bet due to congestion on the telephone lines, telephone system, telephone exchange, or any other electronic device or communication media used for the purposes of betting.
- We will not be liable to You for any failure to perform, or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (“Force Majeure Events”). Such events include, without limitation, the following: pandemics, epidemics, 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 of banking systems including mobile banking, 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 Shabiki.
- In any event beyond our reasonable control noted above, we reserve the right to cancel or suspend the Service without incurring any liability. If such an event leads to the cessation or restriction of our operations, we will also be entitled to postpone our obligations to you, and if we do so we will not be responsible for any damages of any nature suffered by you, whether directly or indirectly, as a result and you will not be entitled to terminate your contractual relationship with us.
- We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Service, impede the placing of offers for bets or the matching of bets, or prevent you from being able to contact us.
- Shabiki does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with our website or its content (including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of our website or its content or any errors or omissions in content).
- We will not be liable for any failure to perform by a third party to our Agreement.
- Shabiki cannot be held responsible for any delay or non-delivery of SMS communications through the Mobile Operator Networks.
- Shabiki reserves the right to change odds and information displayed on our website at any time and without notice. Shabiki will take reasonable care to ensure accuracy of this information but information is presented as a guide only. Prices displayed on our website are indicative only and are not binding until a bet has been confirmed by us. In the event of any particular information (score, time of game etc) being incorrect we assume no liability for this.
- We will not be liable to pay to you any amounts of tax, levy, impost, duty or other charge or withholding of a similar nature (including any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same) on your winnings, which are duly withheld and/or remitted by us to the tax authorities or other authorities but are subsequently declared unconstitutional by any court of law and/or cease to be applicable for any reason whatsoever, and/or fail to be enforced by the relevant authorities.
18. NOTICES AND COMPLAINTS
- We will contact you on the mobile phone number through which you participate.
You may contact us at:
P.O. Box 1506-00606
Tel: +254 (20) 703163163
Email: [email protected]
- Any communication relating to legal issues shall be in writing and shall be delivered to us via postal address, hand delivery at our principal offices or through email. The postal, physical and email addresses for this purpose are set out in Clause 18(b) above.
- If you have a complaint, you can email customer support on the email address stated above. We will at all times apply best efforts to resolve a reported matter promptly.
- If you have a query with regard to any transaction, you may also contact us at the same email address with details of the query. We will review any queried or disputed transactions.
- If for some reason you are not satisfied with the resolution of the complaint by Shabiki, you can complain to the Betting Control and Licensing Board (“BCLB”). Note that by contacting the BCLB you are confirming that you have not breached any of these terms and conditions.
- In all other instances where a dispute arises between you or Shabiki, either you or We will refer the matter for arbitration by a single arbitrator agreed between you and Shabiki and the chosen venue for the arbitration shall be Nairobi. Where there is no agreement you and Shabiki will each nominate an arbitrator and the nominated arbitrators shall appoint a single arbitrator to conduct the arbitration and where they are unable to agree the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators shall appoint one. The arbitration shall be conducted in accordance with the Arbitration Act of Kenya of 1995 or any of its revisions or re-enactments.
19. ANTI-MONEY LAUNDERING
- You are strictly prohibited from using the Service or our systems to facilitate or instigate any type of illegal or unauthorised money transfer.
- Should you be found to engage in fraudulent, unlawful or improper activity, your access to the Service may be terminated immediately. In the event that your account is terminated or blocked under such circumstances, we are under no obligation to refund to you any money that may be in your account. In addition, we will be entitled to inform the relevant authorities and you will cooperate fully with any investigation into such activity.
- You agree that you comply with all applicable laws and regulations on combating money laundering and terrorism financing, including this anti-money laundering policy.
- You confirm that you have no information or any suspicions about the fact that funds used for depositing in the past, present or future, are received from any illegal source, or have any relation to legalization of income obtained illegally, or other unlawful activity prohibited by applicable law or the instructions of any international organizations;
- You agree to immediately provide any information we think fit to require according to applicable laws and regulatory requirements in respect of combating the legalization of funds obtained illegally.
- Shabiki may at any time amend, replace or delete any of the terms and conditions contained herein and shall ensure that current terms and conditions are available on its website. It shall be the responsibility of the player to ensure that he/she is familiar with the prevailing terms and conditions in force from time to time and the availability of the same on our website will constitute sufficient notice thereof to the player and shall bind the player as if he/she expressly agreed to be bound thereby.
- In no event will 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, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently. Any relaxation or concession or extension or failure to enforce a right granted by Shabiki to the player shall not be and shall not be deemed to be a novation or waiver of any of Shabiki’s rights as set forth in these terms and conditions.
- These terms and conditions constitute the whole agreement between Shabiki and the player and no agreements, representations or warranties, other than those set out in these terms and conditions, shall be of any force or effect.
- Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
- Although every effort is made to ensure that information displayed on our site with regards to an event is correct, it is to be used as a guide only. In the event of any particular information (score, time of game etc) being incorrect we assume no liability for this. The official site for that particular sport should be referred to in the event of any dispute.
- By accepting any winnings, you consent to your name being used for advertising and promotional purposes without additional compensation.
- Any winnings uncollected for a period of 2 years when the winnings were first due will, subject to compliance with relevant laws in force from time to time, shall be declared unclaimed assets and dealt with in accordance with the Unclaimed Financial Assets Act, No. 40 of 2011 and/or any other law then in force in relation to unclaimed financial assets.
- You agree that the records in our servers are the final authority in the event of any difference of results or discrepancy in records.
- In the event that any provision of these terms and conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
- Shabiki may assign, transfer, charge, sub-license or deal in any other manner with these terms and conditions, or sub-contract any of its rights and obligations under these terms and conditions, to any party. However these terms and conditions are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent.
- Should there be a change of control, merger or acquisition of ourselves or sale of our assets, your account and related data may be part of the assets transferred to the buyer or acquiring party. In such a case, we will provide you with notice on our site explaining your options with regard to the transfer of your account.
- The right to access our site or use the Service may be illegal in certain jurisdictions. You are responsible for determining whether your access of the site or use of the Service is compliant with the relevant applicable laws in your jurisdiction, and by using the service you attest that use of the Service is not illegal in the territory where you reside.
- Any action aimed to interfere with the normal functioning of this site or normal use of the Service, including without limitation any propagation of computer viruses or worms any like sabotaging material, is strictly prohibited and will be prosecuted to the fullest extent permitted by law.
- You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that Shabiki may from time to time reasonably require in order to vest in and secure to Shabiki the full benefit of rights and benefits to be transferred or granted to Shabiki under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.
- Any appendices, policies, rules and any document expressly referred to in these terms and conditions and any guidelines or rules posted on our website form an integral part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions. In the event of any inconsistency between the main body of these Terms and Conditions and the appendices, policies, rules and any document expressly referred to in them and any guidelines or rules posted on our website, the main body shall prevail, unless stated otherwise.