CLIENT AGREEMENT IN REGARDS TO THE USE OF INBET KENYA SERVICES.
FOREWORD
The outlined Terms and Conditions (“T&C” or “Agreement”) comprise and enhance the contractual relationship between the involved parties, Mopa Investment Limited hereinafter referred to as “Inbet”, and the client/user, hereinafter referred to as “Customer”, “Wager” or “Player”.
The client should read the outlined Terms and Conditions carefully and understand as they clearly outline their rights and liabilities. At any instant the client does not consent to the Terms and Conditions, they should not register or sign up for the use of the service. If a client has any inquiry about the Terms and Conditions, they should contact [email protected] .
APPLICABILITY OF THE TERMS AND CONDITIONS
Our service is offered to all viable clients for their personal non-commercial use subject to the outlined Terms and Conditions. By signing up or registering on the Inbet website and/or continued use of the service, the client consent to be bound by these Terms and Conditions. If there is any inconsistency between these Terms and Conditions and any document incorporated by reference, these Terms and Conditions will prevail.
DEFINITIONS
The outlined words and terms should be interpreted as follows, unless, the context clearly implies otherwise.
“Registration Form/ Sign up Form” shall mean the document to be filled in by the client to open an account with Inbet.
“Event”, “Game” refers any gaming activity presented by Inbet on its internet sites for the benefit of the player and as approved by BCLB.
“Website” or “Internet Site” shall mean the internet Sites www.inbetkenya.co.ke and any other sites associated to it and accessible through links or other access paths.
“Username” and “Passwords” shall mean the personal login identification credentials chosen by the client upon signing up/registering with the bookmakers services.
“Regulatory Authority” refers to the Betting Control and Licensing board which is the overall regulator of gaming operations and gambling services provided to clients in the country.
“Services” include all Inbet services and events offered related to it and listed on www.inbetkenya.co.ke including but not limited to bookmaking services.
“Software” shall mean the licensed software by Inbet inclusive of all programs and database and any other derived content whether accessible or otherwise used by the client through the various sites and enabling the player to participate in the online bookmaking.
“Player Account”, “User Account” or “Account” shall mean a personal account opened under the full consent of an individual/client and maintained by Inbet to allow the client to participate in the bookmaking services.
“User”, “Customer”, “Player” or “Account Holder” shall refer to the user of the service and of the software accessible through the Inbet website and having a contractual relationship with Inbet.
“Viable Client”, “Player” or “Customer” shall mean any individual who is over 18 years of age according to the minimum age as set in law for participation in Kenya.
1. GENERAL
a) “Inbet” in these Terms and Conditions refers to Mopa Investment Limited, a company incorporated in Kenya, having the following registered address.
Mopa Investment Limited
Munga Kibanga Place,Kilimani
P.O BOX 76341- 00508
Nairobi -Kenya
b) The term “Customer” or “Client” refers any individual or entity that expressly or implicitly agrees to all terms and conditions of Inbet by opening an account and placing bets on events on Inbet website.
c) All clients accessing the Inbet website agree to abide by the outlined terms and conditions governing the use of its services.
d) This agreement describes the terms, conditions and risks applicable to the customer use of Inbet services available under the domains of www.inbetkenya.co.ke .If the client has any inquiry regarding to this agreement, please contact provided customer care support contacts.
e) The client must read, consent with all of the terms and conditions contained in this agreement without any modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before the client becomes an active registered client of Inbet. By continuing to access or use the website, the client agrees to follow the terms and conditions of this agreement.
f) This Agreement is effective upon consenting in registration for newly registering clients by checking in the registration form the dialogue box “I have read and accepted the terms and conditions” and “I am above 18 years” and clicking “Sign up/Create new account” button in the process of registration on the website. The client commits to comply with the Terms and Conditions of the website. If the clients do not consent to be bound by the terms and conditions of this Agreement, and does not use or access our website after registering, the client must inform us in writing immediately.
g) This agreement shall be governed by and interpreted in accordance with the laws of Kenya and Betting Control and Licensing Board conditions and codes of practice, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this agreement will be brought exclusively in Kenyan courts, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
h) Inbet will not be liable in any way to any individual in the event of force majeure, or for the act of any government or legal authority. In the event that any provision in this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effective.
i) Failure of the party to enforce any right or provision of this agreement will not be deemed a waiver of such right or provision.
j) Inbet may assign this agreement or any rights and/or obligations here under without the client consent.
k) Inbet may amend the terms of this agreement from time to time by posting the amended terms on the website. The client is responsible for confirming whether there are any amendments in the agreement. Any amendment shall come into force as of the day it was published on the website. By continuous use of the website, the service or software offered by Inbet, the client consent to be bound by the outlined Terms and Conditions of this agreement as well as by the latest modifications to it. If the client does not agree to be bound by the changes to the Terms and Conditions of this agreement, the client must not use or access our services, and inform Inbet in writing immediately.
l) Inbet is licensed to offer the sports betting services by the BCLB, which is the regulatory body. The license number of Inbet is issued under Betting, Lotteries and Gaming Act, chapter 131.Inbet Kenya is licensed to provide the bookmaking services to clients located in Kenya by the BCLB, which is a regulatory body established by an act of parliament chapter 131. Laws of Kenya 1966.
m) In case of modifications of these T&C, upon the client logging into his account with Inbet, a notification pop up will inform the Player that the T&C have been updated. The player shall be requested to agree with the updated terms.
n) Should there be any discrepancy between the T&C in the English language version and the version in any other language, the English version will supersede. The prevailing language in case of interpretation will be the English language. All Language versions in the Terms and Conditions will reflect the same principles.
2) Online Service Agreement
This agreement is made by and between Inbet and the client. These agreements apply to all Inbet sites, including its electronic contents and or software currently contained on the website that offers the client with the events and bookmaking services offered by Inbet.
Inbet reserves the right to impose certain conditions (beyond those detailed in clause 3, 4, 5, 6, 7) on the admission of clients to the events. (E.g. minimum number of games completed, verification of transacted payments) and to extend or change the services on the website at any instance.
3) Membership Eligibility
a) The services are available to and may only be used by persons who can form legally binding contracts under the law applicable to their country of domicile. It is the client’s responsibility to ensure that their betting is legal.
b) Services are not available to persons under the age of 18 or otherwise under legal age (“Minors”). If the client is a minor, the client may not use the service. As a client if you do not qualify, please do not use any of our services or website. Sports betting are exclusively reserved for individuals over 18 years of age, or the minimum age as set in law for participation in the country.
c) Inbet is permitted to request the client to provide proof of age and to deny the clients’ admission to the service if there are enough reasons to determine the minimum age requirement is not fulfilled.
d) Under all circumstances Inbet shall not be held liable for misuse of their services by any unauthorized persons.
e) Inbet services are not available where they are illegal to use, (Including but not limited to the East African Countries0 and Inbet reserves the right to deny and/ or cancel services at its own discretion.
4) Registration Information
a) To participate in the events as a client the user must fill the registration form on the website www.inbetkenya.co.ke and therewith open a “user account”. The User must complete the registration form provided by Inbet which shall at least include the following details.
i) Clients Identity: The user is bound to provide his/her accurate, current and complete information regarding identity in the process of registration. Any false information or impersonation of persons or entity, misrepresentation regarding any affiliation with another person, entity or association, use of false headers or other acts or omissions to conceal one's identity from Inbet for any purpose will be prosecuted under the fullest extent of law. A player accessing Inbet services may be asked to provide valid subsisting verification of identity and relevant information.
ii) Date Of Birth: With this information the client assures Inbet he/she is of age (18 years and above). Registration of any persons under 18 years of age shall not be permitted and any stake deposited or any money won by such person shall be forfeited to the regulatory authority. This affirms that the clients account at www.inbetkenya.co.ke will be closed and any stake in the account balance less any winnings will be refunded via the last mode of transaction used by the account.
iii) Client Residential Area/Place: The client may be requested to provide details of his/her residential place by providing proof of identity such as copy of identity card, passport or any other relevant documents.
iv)Email address and phone number: Users shall be required to provide their contact information during the registration process.
v) Personal and Confidential Username: The client username must be unique and clearly identifiable. Offensive or incident names shall not be allowed. Inbet shall also prohibit usernames that contain or allude to an internet link or account names, which allude to certain rights of the user (the term “administrator”, ex is reserved for inbet).We reserve the right to suspend accounts with an unacceptable Username. Accounts can be reactivated as soon as suitable and acceptable alternative has been chosen.
vi) Pin/Password: The client is advised to choose a non predictable password for security of his/her account and is responsible of ensuring the confidentiality of the password.
b) The registration process will ensure the client provides Inbet with valid identification including clients address, contact email and phone number.
c) The client that the registration details are updated and shall make any necessary changes on Inbet website without undue delay. It is the user responsibility to inform Inbet of any changes to the client’s personal information.
d) In the event that Inbet has reason to believe that the details given is inaccurate, we are entitled to suspend or terminate Users account and retain any winning.
e) When the clients submit his initial request for withdrawal, details of his mode of transaction (bank details or mobile transfer details) shall be provided to Inbet.
f) The client is bound to secure the Username and Password for their accounts with Inbet. Inbet shall hold no responsibility for any damage caused due to any act of omission of the client causing inappropriate or irregular use of their account.
g) A client must do the registration by himself/herself not through a proxy. A client must also register for her/his personal use and not on behalf of someone else.
h) A client shall not be allowed to sign up/register if he/she is an existing user of Inbet services with an active account; only one account per user will be allowed. The use of more than one account per physical player is affirmed as “multi-accounting” which is strictly forbidden. Inbet reserves the right to close a user account at any time and to cancel all the transactions pertaining to any user that has registered more than one account in his own name or under different names, in the event that Inbet has the reason to suspect that the registration of said multiple accounts has been undertaken with the intent of defrauding or cheating.
i) Inbet will handle information the clients entrusts to it with ultimate care, in accordance with the disclosures it provides during the registration process and in its Privacy Policy.
j) Inbet prohibits clients to sell, transfer and/or acquire accounts to/from other users. Funds will only be remitted to the same account from where they originated at the deposit stage.
k) A client shall not deposit funds using a credit card, bank account and any other payment accounts and solutions to which he/she is not authorized.
l) User deposits into an account for any reason other than participating in games, particular illegal purposes(e.g. money laundering) is not allowed; Depositing money originating from criminal and/or other unauthorized activities is also prohibited.
m) A user registration may be refused or closed at the operators’ sole discretion, but contractual obligations already made will be honored.
n) The user registration and set up of bookmaking and gaming account are free of charge.
o) There is no general right to registration and participation in the events and bookmaking services.
5) Password Security
a. The client is advised to choose a strong and non predictable password for security and is responsible from ensuring that the credentials are confidential.
b. The user is bound to ensure his/her login credentials are confidential and events made online on the website under the clients Username and security details will be regarded as valid, irrespective of who participates in the game and/or bookmaking services. In the event there is concern that the privacy of such details are disclosed, the user should notify Inbet immediately whereupon new details may be forwarded and any future transactions under the previous details would be considered void.
c) Inbet hold no responsibility for the eventual accesses to a user account by a third person and will not be held responsible for any eventual loss suffered due to illicit use of a clients password by a third person, of unauthorized access, and/or for any transaction in which the name and password of a player was registered correctly.
6) Legal Restriction
a) Clients warrant its understanding that laws regarding that laws regarding sports betting vary throughout the world, and it is the user obligation alone to ensure compliance with any law, regulation or directive, relevant to client country of domicile. Ability to access the Inbet website does not necessarily mean that Inbet services, and/or client activities through it, are legal under the laws, regulations or directives relevant to the user country of domicile.
b) The user understand and accept Inbet is unable to provide them with any legal advice or assurances and that it is the clients sole responsibility to ensure that at all instances they comply with the laws that govern them and that they have the complete legal right to play the games. Any participation in events is at their sole option, discretion and risk. By participating in the events, they acknowledge that they do not find the events or service to be offensive, objectionable, unfair, or indecent in any way.
c) Inbet does not affirm that its websites should be used for any other purposes by clients present in the countries in which such activities are illegal. Inbet websites does not constitute an offer, solicitation or invitation by Inbet for the use of the events and/or bookmaking services or other services in any jurisdiction in which such activities are prohibited by law.
d) Users shall not treat the bookmakers/licensee as a financial institution nor expect interest on their deposits.
7) Limited Use
a) Inbet grants the client a non exclusive, non – transferable and limited personal use to access the website (the “bookmaker/license”). The website use is conditioned on continued client compliance with the terms and conditions of this agreement.
b) The users consent not to resell marketing materials provided to them by Inbet or permit secured access of the website to others, and not to copy any materials appearing on the website for resale or for any other purpose to others without the prior written consent of Inbet.
c) The user shall be responsible and bound by any unauthorized use of the website, made in breach of this section.
d) The client agrees to use the information received from the information systems of Inbet for the sole purpose of executing transactions inside and within the website.
e) The User further consent not to use any electronic communication feature of a service on the website for any purpose that is unlawful, torturous, abusive, intrusive on anther's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
f) The license granted under this agreement will terminate if Inbet believes that any information provided by the client including the user email address, is no longer current or accurate, or if the client fails to otherwise comply with any term or condition of this agreement and all rules and guidelines for each service, or Inbet Kenya establishes that the user has abused in any way Inbet’s events and services. Upon notification of such violation, the client agrees to cease accessing services. The client agrees that Inbet Kenya as its sole discretion and with or without notice, may terminate the user access to any or all service, close client open transactions, remove and discard any information or content with its service.
8) Bookmaking Services
A) Bet Placement:
i) When a bet is placed and accepted, the corresponding amount is charged against the user account. The client must check the bet instructions which he/she has submitted are correct before confirming the bet. After the bet is announced, it is not possible to cancel or change the bet. We reserve the right not to accept, or accept only a part of any bet.
ii) Where a number of bets are submitted by a player, they will be dealt with in the received order.
iii) A number of bets may be treated as being one when a client sends multiple copies of the same bet. Inbet reserves the right to void all bets where there may be evidence of collusion between two or more clients or where there is suspicion that the account is being used by different individuals.
iv) The acceptance and payout of bets are subject to different limits. These in particular include limits on the amount of the bet which is placed, betting market’s limits, maximum payout limits and personal customer limits. These limits are generally subject to change without notice and will be stated on the betting note or listed on the account. Inbet reserves the right to limit the stakes of bets before accepting a bet and/or to change the odds before a bet is placed.
v) All prices and odds are subject to fluctuation. Any bet that is accepted after the official start time will be void unless otherwise stated (such as in the case of live in play bets).
b) Valid Bets:
i) A bet is only deemed to be valid once a transaction code has been issued. The bet can then be viewed at “my bets
ii) The client acknowledges that it is his/her responsibility to ensure that he fully understands the applicable rules and regulations and the methods, rules and procedures of online sports betting in general.
iii) We are not responsible for a bet not being placed for any reason, including but not limited to; computer malfunctions and failure of telecommunications services or internet connections. We will not honor bets that have been submitted to us, but not confirmed as described above in clause (ii).
iv) The user shall not employ or make use of any system or artificial intelligence software including but not limited to machines, computers, software or other automated systems designed specifically to defeat Inbet software. Inbet will not honor any bets pursuant to which you have employed or made use of such systems or artificial intelligence software.
c) Winnings:
i) Winnings will be credited to the user account following confirmation of the services result by Inbet.
ii) Inbet shall not be responsible for any lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage due mail, requests, prize claims or entries sent by you. Any request, prize claims or entry materials which we do receive shall become the property of Inbet upon receipt and will not be returned to the user and therefore Inbet advise the client to retain a copy of any such materials.
iii) The maximum payout for each bet/ ticket to users is Ksh 100,000 for any amount placed and for any type of bet, whether it be a single bet, multiple bet or a system of more columns. If it turns out that a user (registered in any country) has opened several accounts and has placed the same bet several times, contrary to these terms and conditions, the winning limit applies to the total of the winnings gained from these bets.
d) Betting and Sporting Rules:
i) The sporting rules are completed and executed in English language. Inbet reserves the right to translate the terms and conditions (including sporting rules) into other selected languages. If, for some reasons, the contents of the Terms and Conditions vary in other languages comparing to the English version, the English version applies. This also applies to the rules of the game, any texts on the website as well as any information concerning bonus programs, marketing campaigns and other related issues.
ii) Inbet is not subject to any obligation to review the correctness of the declarations set out in paragraph (I) above and Inbet is entitled at any time to cancel all or selected bets (including retroactively) and/or to avoid any winnings resulting there from after receiving knowledge or misrepresentation to bar the client from all future betting, to close the betting account and to pay out the remaining funds in the account.
iii) The betting agreement shall be enhanced through the acceptance of a betting offer. For a bet to be valid and correct, the bet which is electronically saved on the central computer of Inbet shall apply. This may be viewed on the account. Any unilateral right for the user to withdrawal from the agreement (cancellation of bets) following the conclusion of the agreements is excluded. The user may correct or delete the betting slip which has been virtually filled in until the final confirmation of the placement of the bet. Upon the confirmation of the placement of the bet, the user shall be obligated to fulfill the agreement and waives any right to revocation or withdrawal from the agreement. The user shall be responsible of the bet placed and cannot appeal that data made available by Inbet may have been incorrect or incomplete.
iv) There shall be no obligation on Inbet to list additional information such as the type of competition (e.g league and match or cup match), shorter/extra time matches (e.g in the case of friendly matches, mini tournaments, youth matches, indoor matches, etc), match sites9e.g. Neutral grounds), raci9ng distances, etc.If additional information is nevertheless provided, and this shall be without engagement and not have any influence on the settlement of the bets. The same shall apply to all types of statistics, tables and live scores.
v) The firm shall be entitled to void respective bets (including retroactively) if there is suspicion of manipulation or betting fraud. In legal terms this shall mean that the stake monies in the bets in question shall be credited to the betting account and you shall be barred from future betting, the betting account shall be closed and the remaining funds in the account can be paid out.
Suspicion of manipulation or betting fraud is in particular deemed to be present if, for example, one or more of the following criteria have been met:
• Stake monies on betting events with an unusual outcome
• Stake monies with an unusually high payout results
• Multiple betting with unusual matches / leagues
• Staged bets with the same or pronounced changes in combination
• Betting which suggests a group of betters which is connected in terms of time element and content.
vi) Inbet reserves the right to refuse the acceptance of the bets in some instances, or to limit the amount of bets without obligation of providing the reason. No person should be allowed to have more than one bookmaking account. Inbet reserves the right to terminate double accounts. In such instances all relevant data will be transferred to the most active account of the respective client. Inbet reserves the right to revoke client privilege if a client has placed identical bets with the two/or more accounts. This might lead to confiscation of winnings and cancellation of all placed bets including already determined bets.
vii) The settlement of bets shall be performed after the ranking is announced. In the event of the suspicion of fraud in relation to match fixing of a particular event, Inbet reserves the right to settle the funds after any investigations are completed. Disputed settlements or amounts credited for winnings regardless of the type must be received in writing (by mail, fax or email) no later than 14 days after the settlement of the event bet at Inbet.
viii) It will be the obligation of the player to immediately report each amount credited to his/her account by mistake. All winnings occurring as a result of such error or mistake are considered invalid despite the circumstances, and as such Inbet has the right to revoke all mistakenly credited funds.
ix) Inbet reserves the right to correct any obvious errors or mistakes and to take the necessary measures to provide a fair and transparent service for the clients. An obvious error could be made as a result of human error or system related technical problems which might lead to incorrect information published on the website. For example, incorrectly displayed (reversed) handicap line, wrong over/under line, clearly wrong odds or incorrect decimal place, wrong event name or participants, incorrect deadlines, or technical errors etc. In case of obvious errors Inbet reserves the right to deem all affected bets invalid and refund all stakes. Additionally if the bet is accepted at a price that is significantly different from those available in the general market at the time the bet was made or clearly incorrect considering the chance of the outcome occurring then Inbet has the right to void all these bets.
x) It is prohibited to place bets within the same coupon that has a clear correlation between the chosen selections. These kinds of bets might be deemed void even after the result of the event is determined.
xii) The maximum stake of the bet is dependent on the amount Inbet accepts at the time of the bet placement and may vary from each sport and individual user. If the bet is higher than the automatic acceptance level set out by Inbet (such amount might be changed without prior notice) then the stake will be examined manually. All bets sent for manual acceptance may be rejected, partially accepted or fully accepted regardless of how the request is made by the client. Inbet reserves the right to decline any bet that is up for manual approval. Any bet that, for whatever reason, has not been manually reviewed before the game starting time will get automatically voided. Inbet reserves the right to establish separately all betting limits for each individual client and bet.
xiii) In a circumstance, for some reason, a betting market or event is not covered by the rules and regulations including special rules placed on the betting market on the website, Inbet reserve the right to determine the outcome of each event on a case by case basis.
f) General Betting Rules:
In an instance of contrary notes between the rules and regulations for example between special rules for specific sport and specific rules on the event or market, the following order of priority will be applied(in order of their importance):
1) Specific rules for event/market (available next to the event or market on the website)
2) Special rules for sports
3) General Betting Rules
4) Terms and Conditions
9. Misconduct.
a) Misconduct by clients is forbidden on the website. Users’ behavior is deemed as a violation of these terms and conditions, whenever, but not exclusively, if the client:
I. Deliberate provision of inaccurate or incomplete information;
II. An attempt to manipulate the events result through concerted practices, alterations of the program or in any other undue way;
III. Intentionally cause malfunctions or defects of the website in order to undermine the natural flow of the event.
IV. Set up more than one account per user; or any other regulations set out in these terms and conditions is violated. This list of misconduct is not exhaustive.
V. The use of abusive or offensive language in email message and/or during live chat, makes matrimonial offers, pornographic references or sexual comments, sends spam, threatening messages, use of verbal abuse or slurs Inbet and its employees. Any violation of this policy will result in the end of the conversation and suspension of clients’ account for an indefinite period of time.
b) The user will not recompile or attempt to recompile the software on Inbet website or develop software that interferes with the client server communication software used in the website.
c) The use of any software program which facilitates artificial intelligence is strictly prohibited. Prohibited software may include software which Inbet believes allows player to cheat or gives one user an unjust advantage while wagering on the website. Inbet reserves the right to take action in order to detect and prevent the use of such software by users. In a situation where Inbet identify or suspect for good reason the use of prohibited programs, Inbet reserves the right to freeze the relevant user account for a period of at least six months, to confiscate any funds in that account and/or to suspend the player from using the services of Inbet.
d) In the event of misconduct by the user, Inbet is entitled to immediately terminate the agreement with the client and exclude him/her from further use of the website. Further, Inbet reserves the rights to interrupt and terminate ongoing events, to block the user or the user account with or without prior notice and to retain the clients’ credit and winnings achieved through misconduct until clarification of the situation.
10) Account Cancellation.
a) Inbet reserves the right in its sole description to deny, cancel the services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:
• Any instance when Inbet has cause to believe that a users’ activities on the website may be illegal.
• Any instance where Inbet may incur any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone’s activities;
• Any instance where one or more transactions on the website are judged by Inbet to have been performed in violation of this agreement.
b) Inbet prohibits user collusion and takes measures to prohibit use of devices, such as robots, that distort normal event play.
c) Inbet reserves the right to terminate events or games without prior notice, whenever it deems necessary and/ or due to errors in the software or events, which cause games to work incorrectly or malfunction.
11) Aborted or Interrupted Events.
a) In the circumstance that any information is incorrectly published on the website, Inbet will take remedial action in order to rectify and amend the data in the system so as to reflect the correct information. Any winnings that are affected by the publishing of incorrect information will also be accordingly amended.
b) In the event of a miscarried event for any reason whatsoever, all users’ transactions are always accurately logged on our systems; therefore we will always have access to what actually happened during the game play. The client will contact customer care department for any queries via email on [email protected] .
c) Inbet reserve the right to correct and declare results void with hindsight, if the result of the event was caused by a technical default, fraudulent behavior of a user or through a fake wager. Inbet reserves the right to recall any payment that is made in error.
12) Cash Gaming Mode
a) All eligible clients after registration and successful depositing of money to user’s account can participate in games for cash.
b) Participating in events for money with real stakes demand the user to deposit cash to his gaming account.
13) Withdrawals
a) A withdrawal request cannot be initiated while the client is involved in a gaming session.
b) Inbet finance department handles all withdrawal requests submitted. Inbet reserves the right to verify the entitlement of the client and, in case of doubt, to retain the withdrawal. Valid documents issued by government and identity documents must be submitted in order to process a withdrawal. No withdrawals for the cumulative amount of Ksh50, 000 and above will be processed, unless such documentation has been submitted by the player and verified by Inbet finance department. However, Inbet reserves the right to verify the user’s identity, age and location at any time before processing any amount of requested withdrawal.
c) Withdrawal methods and their relative information are included in the withdrawal section on the website (https://www.inbetkenya.co.ke/ Withdrawal).
d) Any expense related to withdrawal requests, if applicable and explicitly announced on the website, shall be charged to the receiver.
e) Winning withdrawals or parts thereof will be settled out upon request of the user. The maximum withdrawal amount per transaction is effected by any of payment methods available on the website.
f) The personal data of the client of the cash gaming account and the bank account holder (or any other mode of payment) must correspond. Inbet reserves the right to request further documentation for the proof of identity and verification of the bank account and retain winnings until such proof has been provided.
g) The maximum withdrawal amount per day is Ksh100, 000. For the client protection in any twenty four hour period the client may only withdrawal the maximum amount of Ksh100, 000 unless a larger amount has been agreed by prior arrangement.
h) Withdrawals from user’s account can only be addressed strictly to the person registered on the account and as per the conditions specified on the Inbet website.
i) Withdrawals can only be paid out to the same account and payment method from which the user’s deposits have originated. By following this payment loop policy Inbet will ensure that payouts are made back to the same method as the inbound funds originated. However, there some occasions where this closed loop system is impossible to enforce, Inbet is also obligated to ensure the client base needs are served. Furthermore, sometimes technical and / or policy reasons beyond our control mean that payouts cannot be made in this fashion. In these cases Inbet will go to all required extents and beyond to verify that the alternative account is owned by the individual user. Inbet risk department runs a full assessment of the case. The risk department will make the final decision as to whether a payment outside of a closed loop payment will be performed or not.
j) Once there is a submission of a withdrawal request, it can take Inbet up to 2 business days to process the request. However, Inbet will be doing its best to process withdrawal request immediately.
k) Funds cannot be withdrawn from a user’s account unless the same funds have been wagered at least once. Before such payout can be approved, it has to be assessed and confirmed by the risk department.
14) Deposits.
a) In order to fund a user account (through transfer of funds to Inbet account) the client can do so by using the various modes of deposits and their relative information, which are included in the deposit section on the website( https://inbetkenya.co.ke /Deposits).
b) Inbet reserves the right to impose certain conditions on the use of particular payment methods. Inbet Kenya has also the right to change the payment methods available without giving notice.
c) Inbet does not confirm that all means of payment are available at all times.
d) A deposit request via credit card, mobile money transfers into a player account, funds the account in real time.
e) Inbet reserves the right to request further information and documentation regarding age, identity and place of residence following any deposits or prior to any withdrawals, in particular prior to the user first withdrawal. In order to prove the user identity before we release funds to the client. Inbet also reserves the right to request such information and documentation about any user who affects a deposit on a user account. Such information and documentation (i.e National identity card, bank/credit card statement) will enable Inbet to check that the personal data given during user registration corresponds to what appears on the document. In the event that this data is different, Inbet reserves the right to cancel the bets along with the payment of the account balance, unless the user can demonstrate the entitlement to the balance by some other means. Inbet reserves the right to request an image of both sides of the credit card used to deposit at any time and at its own discretion. In order to reflect the best security practices, the user will always be asked to hide CVV number and wipe out certain card numbers.
f) Self deposit limits can be imposed by the user through the use of the website.
g) The minimum deposit amount per transaction is no less than Ksh 20 (or equivalent in other currency). The maximum deposit amount is effected by any of payment methods available on the website.
h) For all transactions (Deposits/Withdrawals) methods, deposits to the user account will take place instantaneously or few hours in some instances, while in case of withdrawals some might be processed in few hours and some will require between 2 to 3 days to process.
i) The user affirms that Inbet reserves the right to request proof of payments to the user’s account.
j) All payments into the account must be from a payment source on which the user is named as the account holder.
15) User Funds Protection.
Inbet is bound by the Betting Control and Licensing Board operating license terms to inform users on how Inbet Kenya hold funds on the user account, and the extent to which the funds are protected in the event of insolvency. In accordance with that, Inbet offers basic protection in relation to the funds Inbet holds in the user account. This means that client funds are kept in accounts separate from business accounts but they would form part of the assets of the business in the event of insolvency which meets the requirements for the segregation of client funds at the level: basic protection.
Inbet user funds are always held in bank accounts separate from business accounts. These accounts are named “Inbet client account” to distinguish them from other business accounts. In the event of insolvency these funds are protected and for the purpose of such segregation of funds means the aggregate value of funds held to the credit of clients including, without limitation: cleared funds deposited with Inbet by clients to provide stakes in future gaming, winnings which the client choose to leave on deposit with Inbet or which Inbet has yet to account to the clients.
16) Fees and Charges.
a) The amount displayed as the user “payout” is the net amount. Accordingly, the “payout” amount will be the exact amount deposited into the user account. However, sometimes an additional fee during withdrawal process may apply usually, but not only, related to withdrawal request, if applicable and explicitly announced on the website.
b) The base currency in Inbet software will be in Kenya Shillings.
c) Clients may choose to close their account at any time. In such circumstances a user is requested to send an email to Inbet customer care department where they will proceed in closing the account and confirming to the client that such termination has taken place. In order for a client to claim funds from a dormant account, closed, blocked or excluded account, one must contact Inbet via email on customer care contacts provided on the website.
d) Statements will be issued on a quarterly basis and fees will continue to accrue pursuant to the auto renewal terms and conditions should the client fail to provide required 30 days written notice of termination to Inbet customer care department.
e) The client expressly authorizes Inbet to collect any account fees due and owing pursuant to these terms and conditions by debiting the client credit card on file, or by debiting the user’s Inbet Kenya account.
17) Inbet Jackpot Policy.
a) Under certain instances, in addition to the amount of funds deposited, “Jackpot funds” are credited to the user account.
b) Jackpots on offer and their outlined details of crediting Jackpot stake will be available on the Jackpot section of the website. The amount of Jackpot stake is determined by Inbet and set out on the website. The client has no entitlement to receive Jackpot Money.
c) Inbet offers a number of attractive reward features to existing and new users. Inbet uses Jackpot rewarding as part of its promotion programs. The Jackpot has limited time offers and the terms and conditions associated with any Jackpot rewards are subject to change.
d) The user is bound not to abuse the ability of opening accounts in order to benefit from Jackpot credits and other promotional offers that Inbet may offer (like lucrative bonuses of initial deposits, 50% of reload deposit or use of certificates and promotional codes). Inbet reserves the right, in case of abusive behavior on the user’s part as related to Jackpot credits or other promotional offers by Inbet, in its sole discretion, to rescind or block client accounts created to that end, as well as their transactions.
e) Inbet reserves the right to revoke and/or cancel any jackpot and/ or promotional winnings which are deemed to be abuse and/ or misuse of any promotional system. In the event of any dispute, the user accepts that Inbet’s decision is final.
f) The Jackpot funds are held separately from the real funds on the account. It will not be paid out directly but instead only once it has been transformed into real cash winnings. If the cash account contains both jackpot and real cash, the jackpot funds will not be used for wagers until the real money is consumed. Specific bonus conditions will be published on the website.
g) The withdrawal of funds from an account before completing Jackpot conditions will immediately nullify the bonus and the client will no longer be eligible for any accumulated bonus reward.
h) Any indication of fraud, manipulation, cash-backing arbitrage, or other forms of deceitful or fraudulent activity based on the provision of the bonus will render the account inactive along with any and all profits or losses garnered.
i) The prevailing language in case of interpretation of any bonuses will be the English language.
18) Limited Liability.
a) The games and services offered on the website are available to clients only within the scope of the current state of technology used. Inbet provides no guarantee for the uninterrupted availability or the serviceability of the services offered. Inbet accepts no liability for the uninterrupted availability and serviceability of the events.
b) Inbet will ensure steady supply of services on the website. However, Inbet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the website or services.
c) Inbet is not responsible for any technical malfunction challenge of any telecommunication network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the internet or any of the website or service.
d) Inbet accepts no liability for any interruption of events or website downtime. It is not liable for any errors contained in any game, nor is it duty bound to correct them – Inbet is not liable for any errors damage caused as a result. In addition, Inbet assumes no liability for the existence of or damage caused by viruses or other damaging components on the website or the corresponding server, which could lead to damage to the computer hardware and software of the user. For the avoidance of any doubt, all winnings from bets, stakes or wages placed on any games which contain an error shall be voided and Inbet shall only be responsible to return the respective bet, stake or wager placed by the user.
e) Inbet is not held liable for damages caused by mistakes of data entry, storage and processing of the data and by incompleteness and inaccuracy of transmitted data. In particular, Inbet reserves the right to correct obvious mistakes during the storage and processing of results (i.e. the mistakes relating to the identity of players, wagers etc).In case of such mistakes due to errors of software problems, causing an event to miscarry or abort, the event will be deemed void and the wagered amount will be refunded to the client. Inbet also reserves the right to limit/refuse bets, whatever it deems this to be necessary due to any errors, software malfunctions or similar circumstances.
f) To the maximum extent permitted by applicable law, under no circumstance shall Inbet be responsible for any loss or damage resulting from use of the website or services, from any content posted on or through the website or service, or from the conduct of any users of the website or services, whether online or offline.
g) In no circumstance shall Inbet or any of the directors or employees be liable to the client for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with users’ use of the website or services, including but not limited to the quality, accuracy or utility of the information provided.
h) Inbet is not liable for damages of any kind that may be caused by the undue use of the account by the player or third parties.
i) Inbet is not liable for the loss of winnings caused by games that are interrupted.
j) Inbet shall in no event, nor under any circumstances, be liable for any damages or losses that are deemed or alleged to have resulted from or caused by its internet site or its content, including, without limitation, delays or interruptions in operations or transmission, communications lines failure, any person’s use or misuse of the internet website or its content, or any errors or omissions in content.
k) In case of infringement of the terms and conditions of the website by the user, the user shall indemnify Inbet Kenya from any claims by third parties and bear any losses, costs or damages resulting thereof.
l) Inbet shall not be held liable for any typing, technical or human error in the operation of the products offered by Inbet or in the operation of the services. In the event of any error, Inbet reserves the right to either void any affected bets or to correct the error. Where a correction by Inbet changes the terms of a bet, the user will be given an opportunity to accept the revised terms prior to the bet being deemed valid.
m) The forgoing limitation of liability shall apply to the fullest extent permitted by the law in the applicable jurisdiction, and in no event shall Inbet cumulative liability to the client exceed the amount of funds the client transferred or deposited in the user’s account on the website in relation to the transaction giving rise to such liability.
19) Anti-money Laundering Procedures.
a) Inbet Kenya will not allow person to abuse the website for the purpose of money laundering. Inbet will sort the services and employ best practice anti-money laundering procedures. Inbet reserves the right to deny to engage in business with, to discontinue doing business with, and to reverse the transactions of, users who do not accept or conform to the following anti money laundering requirements and policies.
• Winnings will only be paid to the individual who initially registered to open a live account and specifically only to the originating credit card or account on file;
• When a client funds an account by means of credit/debit card deposits, winnings will only be issued to the individual whose name appears on the card used to make the deposit and only be paid back to the same card.
• Inbet shall only allow one account per user. No winnings may be collected on accounts opened in false names or on multiple accounts opened by the same person;
• Inbet may, from time to time, at its sole discretion, require a client to provide additional proof of identity (KYC documentation) such as notarized copy of passport or other identification documents as it deems required under the circumstances and may at its sole discretion suspend an account until such proof has been provided to its satisfaction;
• Any Transaction is verified to prevent money laundering.
• In case a client does not honor these rules and regulations then Inbet may suspend the user’s account pending investigation.
b) Any suspicious or fraudulent transactions will be immediately reported to the relevant authorities.
20) Intellectual Property.
a) All contents, trademarks, service marks, trade names, logos and icons are the property of Inbet and are protected by copyright laws and international treaties and provisions.
b) The user consent not to delete any copyright notices or other indications of protected intellectual property rights from materials that the client receives from Inbet or Inbet’s websites. The user will not obtain any intellectual property rights in or any right or license to use such materials or the websites, other than as set out in this agreement.
c) The user consent not to resell marketing materials provided to them by Inbet or permit secured access of the website to others, and not to copy any materials appearing on the website for resale or for any other purpose to others without prior written consent of Inbet. Similar regulations apply to all users of the website not limited to the account holders.
d) Contents displayed on the website are either the property of Inbet or to be acquired with permission. The client consent not to upload, post, reproduce or redistribute any information, software or other material protected by copyright or any other intellectual property rights(as well as rights of publicity and privacy) without first obtaining the permit of the user of such rights and the prior written consent of Inbet.
1) Contact information such as name, surname, date of birth, residential address, email address, phone number;
11) Financial billing information such as credit card number, name and surname of credit card holder, expiry date of credit card, CVV code, billing address, name of bank and bank account number;
111) Inbet reserve the right to request a photograph of the user holding identification documents where doubt arises on the veracity of the account holder’s identity;
• Inbet users undertake to supply Inbet with true, updated and accurate information about the user identity. In addition, the user is required to state categorically that he/she is registering on his own behalf and not seeking at any time to act in any manner which could be considered fraudulent nor the user is seeking to impersonate any other individuals for any purpose whatsoever.
• The company’s data collection procedures include the collection of user’s freely disclosed information as shared with Inbet , further to the placement of cookies for the purpose of gathering data about the manner in which clients interact with Inbet website. These tools for gathering client’s information are employed for the purpose of ensuring the client’s own security and all data collected by Inbet is shared only with individuals within Inbet who are involved with the verification of user account information for the express purpose of ensuring the client’s confidentiality and security.
• Inbet will never disclose any private or otherwise confidential information in regards to our clients to third parties without the express, written consent of our clients, except in such specific cases in which disclosure is a requirement under the law, or is otherwise necessary in order to perform verification analysis on the users’ identity for the purpose of safeguarding the user account and securing their personal information.
• Through user registration with Inbet and through the voluntary interaction they undertake with Inbet products and services, the user consent and confirm to the use of all or part of the information they supply concerning their Inbet player account, the transactions they undertake through it and the interactions which they perform with Inbet and on behalf of Inbet. All interactions the client undertakes with Inbet will be stored by Inbet for the purposes of record and as such may be employed by Inbet in such cases where disputes arise between clients and Inbet.
• Inbet will do its utmost to ensure the confidentiality of its users’ personal information including the implementation of data protection procedures designed to ensure clients’ confidentiality. Inbet ensures that its data protection policy is regularly updated in order to ensure that the user’s information is continually safeguarded.
• Time to time Inbet may contact clients via phone or email for the purpose of offering them further information about Inbet. Further, Inbet may on occasion, seek to contact clients via various means of communication (Phone/email) for the purpose of informing them on unique promotional offerings provided by Inbet for its users. Clients agree to receipt of such contact when they consent to our terms and conditions of use when registering with Inbet. Any User wishing to opt out of further contact with Inbet must contact with Inbet customer care department as provided on the website.
• Inbet pledges, that it shall not store or process personal information longer than is necessary. Should a user wish to deactivate or otherwise cancel his account, Inbet declares that any data stored will be destroyed after five (5) years from cancellation of the account. Should Inbet decide to deactivate or otherwise cancel a user account, any personal data will be kept for the period that is required in accordance with applicable laws and gaming regulations.
• Any suspicious or fraudulent activities will be immediately reported to the relevant authorities, including but not limited to the Directorate of Criminal Investigations.
21) Responsible Gaming.
What is Responsible Gambling?
To initiate a clear understanding, when we referring to responsible gambling, we affirming to any participation of betting that is safe, sustainable and a form of entertainment. A situation where betting creates financial stress, anxiety, depression or negatively impacts your life or those around you, then it is not responsible. Responsible Gambling is a fundamental aspect to every element of Inbet strategy.
Across the country we are providing an entertaining betting experience to millions of clients and our priority is ensuring each time they interact with our site and shop products they stay in control and only stake what they can afford. However, we understand there exist a small minority of clients who are at risk of harm thus betting stops being fun.
In the Kenyan market we have our own regulation and societal context spear headed by the BCLB, thus we are directing our principles and objectives in that context with the ultimate objective of creating a sustainable and responsible business environment. Outlined below are some of the measures and social responsibilities we are undertaking to ensuring betting is safe and controlled.
a) Build our business on customers getting entertained, and harmful play has no place
To ensure responsible gaming for all our clients, robust and wide ranging policies will be implemented on responsible gaming and will routinely engage clients who we consider might be at risk. The measures in place range from deposit and loss limits to full self exclusion protocols. We endeavor to ensure these processes will be as seamless and easy to implement. We will regularly review and develop these processes to ensure we doing the very best to protect our customers.
All clients are different thus we understand not all who will proactively use our tools, so we intend to actively monitor client base using a Customer Activity and Awareness Programme (“CAAP”). This is a proposed system we getting to understand which a proprietary machine is learning model using an algorithm to mark up clients who may need intervention based on behavioral theory. On the first quarter of business operation we will analyze over 200 clients daily behavior thus assigning risk scores to active clients. Proactive interventions will take place so as to increase our capacity to identify risk clients in their early life cycle thus interventions will be ensured before betting becomes harmful.
b) Conduct responsible play literacy forums.
This isn't an ambiguous process as we have incorporated well skilled personnel to engage clients via mail or calls every day to intervene when they identify a risk of gambling related harm. Our team will also engage various target groups in the community to educate the community about responsible gaming. We have invested significantly to ensure consumer protection is our key priority by retraining and targeting our staff training around responsible gaming aspects.
We have outlined clearly the below tips for responsible gaming on all our platforms and marketing resources.
Tips for Betting Sensibly
• Treat your betting as entertainment expense.
• Only gamble with money you can afford to lose.
• Know your limits, and be clear about them before you start betting.
• Remember to take a break.
• Don’t gamble when you’re upset or depressed.
• Do something else to occupy your free time.
• Don’t chase losses.
c) Advanced research, interactions and working with other concerned entities to enhance innovation in responsible gambling
One of our important strategy is establishing the firm among the progressive voices in the betting industry and working towards raising the standards for our clients and affiliates. We strive in working with different key stake holders in the society so as to establish progressive, constructive self-regulation that enhances customer protection.
We endeavor to unite with other leading operators in the Kenyan industry to introduce industry safer gambling Commitments, a comprehensive set of measures devised to support the Betting Control and Licensing Board to reduce gambling Harm. Below are some outlined commitments we advocate while in the industry.
• To prevent underage gambling and shield young people
• Support firms for treatment of gambling harm
• Reimburse and expand codes of practice for advertising and marketing
• Protect and economically empower our customers
• Advocate a culture of safer gambling
To ensure delivery of the outlined commitments with utmost good faith and authenticity they are intended, we will regularly report publicly on progress of these commitments.
d) Community outreach programs.
We take pride in participating in community outreach programs directed towards the welfare of the society we operating in. Below are the various sectors we intend to take key interest while supporting the community.
• Research, health and education
• Sports and Cultural activities through sponsorship
• Natural Calamities Aid(Drought, Floods and Diseases)
• Responsible gaming charities
e) Self exclusion is also an effective tool that we will embrace which enables clients to request that we block them from using Inbet services. Self exclusion can vary in length from six months to indefinite. Inbet will be supportive by blacklisting addresses and devices where possible (though not always possible to effectively block devices).
f) Inbet site include links to external third party organizations and information that may be helpful to problem gamblers. If a user feels that they may be developing a gambling addiction or problem, we encourage them to consult these resources and to contact us for additional information.
g) Persons under the age of 18 years are not permitted to use Inbet services. Inbet will proactively work to prevent access by under age and if anyone has reason to believe that an underage is accessing Inbet services, please contact the customer care department immediately through provided channels so as necessary action may be taken.
22) Complaints
a) In case of a complaint or an issue, the client is to contact client support by email on outline customer care contacts on the website, detailing the nature of the complaint. Inbet customer care representative shall reply to the client accordingly to address the issue, and will try to reply to all requests within 2 days from when the complaint is sent.
b) If the user feels that the complaint has not been resolved satisfactorily then he or she can bring the dispute to an alternative dispute resolution entity.
c) If users’ feel that the complaint has not been resolved may bring the dispute to the Betting Control and Licensing Board.
Signed By:
Name : Purity Wahiu
Position: H.O.D Operations
Mopa Investment Limited
Nairobi Kenya
