These Terms and Conditions refers to Beyond Intoch Software
Limited,
a company incorporated in Kenya.
The term "CLIENT" references any individual person that expressly
or
impliedly agrees to all terms and conditions of BetNare by opening
an
account and placing bets on games on the company’s website.
All CLIENTS accessing the BetNare’ website agree to abide by the
following terms and conditions governing the use of its services
(the
"Agreement").
This agreement and any other agreement between the CLIENT and
BetNare
is subject to the laws of Kenya.
This Agreement describes the terms, conditions and risks applicable
to the CLIENT using of BetNare’ services available under the domains
of
www.betnare.com (the "SITE" If the CLIENT has any questions
regarding
this Agreement, please contact Customer Support.
The CLIENT must read, agree with, and accept all of the terms and
conditions contained in this Agreement without modifications, which
include those terms and conditions expressly set forth below and
those
incorporated by reference, before the CLIENT may become an active,
registered CLIENT of BetNare. By continuing to access or use the
SITE,
the CLIENT agrees to follow the terms and conditions of this
Agreement.
This Agreement is effective upon acceptance of the registration for
newly registering CLIENTS by checking the box “I am 18 years old or
over
and I have read and accept the Terms and Conditions and Privacy
Policy"
and clicking "Continue" button in the course of the registration on
the
SITES. The CLIENT commits to comply with the Terms and Conditions of
the
website. If the CLIENT does not agree to be bound by the terms and
conditions of this Agreement and does not use or access our WEBSITES
after registering, the CLIENT must inform us in writing immediately.
This Agreement is effective upon acceptance of the registration for
newly registering CLIENTS on mobile applications by selecting the
option
“YES” to confirm that the CLIENT is “18 years old or over and that
they
have read and accepted the Terms and Conditions and Privacy Policy."
If
the CLIENT does not agree to be bound by the terms and conditions of
this Agreement and does not use or access our mobile applications
after
registering, the CLIENT must inform us in writing immediately.
The CLIENT agrees that by playing any game or placing a bet or stake
or otherwise utilizing the betting platforms, the CLIENT accepts and
agrees to be bound by these terms and conditions and any amendment
or
variation thereto and the Rules which apply to the applicable
products
available from time to time. The CLIENT acknowledges that the
company
shall retain the right to use from time to time, all data collected
to
carry out market survey/ campaign /research, send customer
satisfaction
questionnaires, market and promote its services and those of its
affiliated companies.
This Agreement shall be governed by and interpreted in accordance
with the laws of the Republic of Kenya and Betting Control and
Licensing
License conditions. Any legal action or proceeding arising under
this
Agreement will be brought exclusively in courts located in the
aforementioned republic, and the parties hereby irrevocably consent
to
the personal jurisdiction and venue therein.
BetNare will not be liable in any way to any persons in the event
of
force majeure, including but not limited to strike, terrorist
activities, political crisis, war, natural catastrophe, 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 effect.
BetNare will not be responsible for any saturation of the
telecommunication networks, cyber-attacks, hacking etc., which could
lead to a total or partial access reduction to its services, loss of
data by itself or by other contracted independent service providers
on
whom the Company will wholly or partially be reliant on to deliver
the
services.
BetNare will not be held liable and will be held harmless by the
CLIENT for any damages, losses, costs, loss of profits or any other
disadvantage a CLIENT may incur in connection with any disconnection
from or the non-availability of any of the products offered by
BetNare
for whatever reason.
Failure of a party to enforce any right or provision of this
Agreement will not be deemed a waiver of such right or provision.
BetNare may assign this Agreement or any rights and/or obligations
hereunder without the CLIENT’s consent.
BetNare may amend the terms of this Agreement from time to time by
posting the amended terms on the WEBSITE. The CLIENT continuing
usage of
BetNare’ services after the date of amendment is acceptance of the
amended terms and conditions, whether or not the changes have been
acknowledged.
The CLIENT will ultimately be responsible for checking the
company’s
website for any changes and should they wish to discontinue use of
the
services offered after a change is enacted in the terms and
conditions,
the CLIENT will be entitled to withdraw their uncommitted funds by
sending an email to ccare@BetNare.com. The company will cease to
have
any continued obligation towards the CLIENT from the day of receipt
of
the email, through to the withdrawal of funds and thereafter.
BetNare undertakes to respect the CLIENT’s privacy in line with the
Company’s Privacy Policy.
In consideration of our accepting your application to open an
account, you represent to us (and acknowledge that we rely on these
representations) as follows:
You are 18 years of age or over. It is an offence for anyone
under the age of 18 to open an account or to gamble on BetNare;
You are of sound mind and capable of taking responsibility for
your own actions and that you can enter into a legally binding
agreement with us.
You accept BetNare’ Terms and Conditions, Privacy Policy and
all other rules and regulations.
You agree to provide accurate registration information,
including without limitation your correct date of birth, phone
number and your country of residence. You agree to inform us of
any
changes in such details.
You are the person whose details are provided in connection with
your registration, or, in the case of legal entities, you are a
duly
authorized representative of the relevant legal entity;
You are acting as a principal and not as an agent on behalf of a
third party.
You are not an undischarged bankrupt or in a voluntary
arrangement with your creditors.
You are not in using any credit or debit cards that you are
not authorized to use or fraudulently acquired funds.
You are not located in a country where the use of our services
is prohibited. You are entirely responsible for complying with
your
own local, national, federal, state or other laws concerning
betting
and gaming prior to opening an account, placing any bets or
using
our services.
You are not in any way, form or manner attempting to illegally
hack into the company’s system, commit fraud, attempt to
duplicate,
or do any other thing that would contravene the company’s
intellectual rights.
You are not currently subject to a self-exclusion from a
BetNare’ account and neither we nor any other operator has
excluded
you from gambling; and
You will, following a request from us (which may be made at any
time before or after you open an account with us), promptly
provide
any documentation or information which we request in order to
evidence your identity, age, address, country of birth or
authorization to use a particular credit or debit card (and you
agree that we may perform checks in order to verify any such
documentation or information).
It is your responsibility to keep your contact details up to date
on your account. Failure to do so may result in you failing to
receive important account related notifications and information from
BetNare, including changes we make to our terms and conditions.
You are solely responsible for the security and confidentiality
of your account. In particular, you agree to keep your username and
password strictly confidential and you are responsible for any
misuse of your password.
Provided that we have been correctly supplied with the account
information requested, we are entitled to assume that offers and
payments are made by you. You should change your password on a
regular basis and never disclose it to any third party. You
undertake to protect your username and password in the same way that
you would in respect of your bank cards and any failure to do so
shall be at your sole risk and expense. If another person accesses
your account, you are solely responsible for all their actions
whether or not their access was authorized by you, and you hereby
indemnify us and hold us harmless against all costs, claims,
expenses and damages howsoever arising in connection with the use of
or access to your account by any third party.
If you have any reason to suspect that a third party has access
to your account, kindly, but urgently, CONTACT US IMMEDIATELY. The
company will however not accept liability for any losses or damages
incurred as a result of the same.
You will open only one account per customer and not attempt to
fraudulently mislead the company on the same. The Company reserves
the right to terminate multiple accounts without prior notice should
it suspect ongoing or occurred criminal activities and confiscate
the initial deposit and all available funds.
You will not attempt to sell or otherwise transfer your account
to any third party and nor will you acquire or attempt to acquire an
account which has been opened in the name of a third party.
All accounts will be subject to the KYC process from the
application to register phase and all transactions shall be
performed in Kenyan Shillings.
If you would like information about tools to help you manage your
gambling activity, please visit our Responsible Gambling page by
going to www.betnare.com/responsible_gambling. You can also find
contact details for organizations where you can seek further support
if needed on this website.
Should you not comply or be in breach of any of the conditions
applicable under this Account regulations, your account will be
suspended pending investigation without any prior communication to
you. Thereafter, BetNare reserves the right to report any suspect or
illegal activity to the relevant authority and, with absolute
discretion to restrict and terminate your account. Following this,
the Company also reserves the right to seize all available funds.
You SHALL BE LIABLE for any and all claims, losses, liabilities,
damages, costs and expenses incurred or suffered by the Company
(together "Claims") arising therefrom and shall indemnify and hold
the Company harmless on demand for such Claims. The Company shall
also be entitled to withhold and/or retain any and all amounts which
would otherwise have been paid or payable to you (including any
winnings or bonus payments).
The Company SHALL NOT under any circumstances accept liability
from third parties resulting from incorrect, false or misleading
information or data.
The Company reserves the right to exclude users from its website
and services at its discretion. Should the company choose to do so,
the company will promptly refund the residual credit balance in the
account using the agreed upon payment methods. It should be noted
that if the company restricts or terminates the account as a result
of fraudulent, criminal activity or any collusion activity
whatsoever, the residual credit balance and winnings from open bets
will be forfeited.
BetNare reserves the right to cancel the Services, and/or refuse
to distribute profits to anyone for any legitimate reason including,
but not limited to:
any instance when BetNare has cause to believe that a person's
activities on the WEBSITE may be illegal.
any instance where BetNare may suffer any fiscal, regulatory, or
pecuniary disadvantage in virtue of anyone’s activities.
any occurrence that is deemed to be match fixing.
palpable errors, that is where a bet is confirmed, or a payment
is performed, by us in error in the following circumstances:
Whenever the prices/spreads/terms offered are significantly
dissimilar from those available in the general market,
Whenever the prices/spreads/terms offered at the time the
bet is
placed are clearly wrong given the probability of the
forecast
occurring,
Whenever a bet has been erroneously accepted on a market
which
should have been suspended or removed,
Where a bet containing incompatible events is accidentally
accepted, because of human or technical error,
Whenever a settlement error is made while computing or
crediting
the amount of winnings,
Any other situation that may be referred to as an error.
any instance where one or more transactions on the WEBSITE
are
judged by BetNare to have been performed in violation of
this
Agreement.
BetNare prohibits match fixing and player collusion and takes
measures to prohibit use of devices, such as robots, that
distort
normal game play. Further to this, BetNare will exercise its
right
to terminate an event as soon as it is aware of the
illegalities.
BetNare reserves the right to terminate events or games without
prior notice, whenever it deems necessary and / or due to errors
in
the software or games, which cause games to work incorrectly or
malfunction.
All accounts without activity for a period of six calendar
months will be deemed to be inactive and the deposit forfeited to
the company.
In order to fund a player account one can, do so by utilizing the
deposit methods availed on the company’s website. Further
information
about the deposit methods are included in the Deposit section on the
website (www.betnare.com).
BetNare reserves the right to impose certain conditions on the use
of
particular payment methods, only but not limited if enforced by
payment
providers’ requirements, or regulatory requirements in connection to
Social Responsibility Code of the license or if is connected to the
suspicious activity of the particular player. BetNare retains the
right
to change the payment methods available.
BetNare does not guarantee that all methods of payment are available
at all times but will do utmost to provide customers with continuous
service.
A deposit request via mobile money into a player account, funds the
account in real time, other methods might take longer to process.
BetNare reserves the right to request further information and
documentation regarding CLIENT'S age, identity and place of
residence
following any deposits or prior to any withdrawals, in particular
prior
to first withdrawal, in order to prove CLIENT'S identity before we
release funds. We also reserve the right to request such information
and
documentation about any person who affects a deposit on CLIENT'S
Account. Such information and documentation (as Driving License,
Government issued ID, and Passport, utility bill, Bank/Credit card
Statement) will enable us to check that the personal data given
during
registration corresponds to data on the document. In the event of
diverging data, we reserve the right to cancel the bets along with
the
payment of the account balance, unless the CLIENT can demonstrate
entitlement to the balance by some other means. BetNare reserves the
right to request an image of both sides of the debit/credit card
used to
deposit as supporting evidence in case a deposit comes from a non 3D
secure scheme (additional fraud prevention system processing) or if
a
customer is processing large or multiple transactions. In order to
reflect the best security practices, the CLIENT will always be asked
to
hide the CVV number and wipe out certain card numbers. In small
number
of cases, we might require additional proof of residence or
transaction
in PDF format.
Betting limits can be set by the player in the ‘Responsible Gaming’
page.
The player acknowledges that BetNare reserves the right to request
proof of payments to player’s accounts to confirm a depositing
source or
complete verification process.
All payments into the Account must be from a payment source in which
the Player is the named account holder.
A request for withdrawal cannot be made while the User is involved
in
a gaming session.
BetNare’ finance department will handle all withdrawal requests.
BetNare reserves the right to verify the account holder's
eligibility
for any requests and, in case of doubt, refuse to process the
withdrawal, leading to the return of the funds back to the player's
account. Valid documents issued by government (Passport, Identity
Card)
must be submitted in order to process a withdrawal. However, BetNare
reserves the right to verify the User’s identity, age, address and
location at any time before processing any amount of requested
withdrawal.
Withdrawal methods information is included in the Withdrawal section
on the website www.BetNare.com.
Any expense related to withdrawal requests, if applicable and
explicitly announced on the website, shall be charged to the
receiver.
The account holder's personal data in their Gaming Account and Bank
Account (or for any other payment method) must correspond. BetNare
reserves the right to withhold withdrawal until to request further
documentation, as proof of identity, as well as additional
verification
of the payment method in question.
The maximum self-service withdrawal amount per day will be Kenya
Shillings One Hundred Thousand Only (Kshs. 100,000.00).
Withdrawals from a User’s Account can only be addressed strictly to
the person registered on the Account and as per the conditions
specified
on the BetNare WEBSITE.
Withdrawals can only be paid-out to the same account and payment
method from which player's deposits have originated.
Once a withdrawal request is submitted it can take BetNare up to
forty eight (48) hours to process the request. However, BetNare will
be
doing its best to process withdrawal requests immediately.
In the instance a CLIENT attempts to withdraw funds that were
deposited but not used for staking, BetNare may levy a processing
fee of
20% upon such withdrawals. BetNare reserves the right to investigate
any
and all suspicious activities related to such withdrawals and report
the
same to the relevant authorities. Additionally, the CLIENT will lose
all
the deposited funds.
Payouts handled manually through an ordinary bank transfer are
processed within Seventy-Two (72) banking hours and are subject to
additional carrier fees. However, the CLIENT acknowledges that we
are at
the mercy of the banks and Payment service providers in this regard
and
cannot do anything to speed up this process.
The CLIENT agrees not to attempt any chargebacks, reversals or
otherwise cancel any deposit previously made in his/her Account.
Whenever any such event should occur the CLIENT commits to refund
BetNare for the unpaid deposits and for possible expenses resulting
from
the recollection of the misplaced money.
Kindly note that BetNare will hold the funds deposited in the
Account
as trustee for the CLIENT and not as his/her banker or debtor.
Accordingly, there will be no obligation on the part of BetNare
Kenya to
repay money to the Customer as his/her debtor. Additionally, no
interest
shall accrue from funds deposited into the CLIENTS’s account be it
in
the form of deposits, winnings or any other method.
BetNare at all times reserves the right to refuse and/ or limit
bets.
Live bets are accepted on main markets and additional markets.
Live bets shall be deemed accepted once they have been registered on the
server and online confirmation has been received. You may not alter the
bet
once it has been accepted.
Live feeds broadcasted from the TV, Radio and Internet are subject to
delays
and as such a CLIENT may experience events ahead or behind of others.
As a result of the delay experienced before placing live bets, Clients
will
be given the option of placing their bets at new odds or not placing the
bet
at all.
BetNare reiterates that any live scores displayed on its sites during
live
events remain placed for guidance purposes only and that BetNare will
not
take any responsibility for any errors and inaccuracies on the same.
BetNare reserves the right to void any bets placed after the outcome of
an
event is known. Should a bet be placed with incorrect odds due to
delayed
‘Live’ coverage of an event and where a team has gained a significant
advantage as stated above bets will be voided.
Odds on all selections change regularly to reflect fluctuations in the
market or changes in the events themselves. In some cases, the odds may
change between the time you put your bet on the bet slip and the time
you
place the bet.
If the current odds are different from the odds on the bet slip you will
be
required to confirm whether you wish to place the bet with the new odds.
Rules on BetNare Bonuses
General rules
1. One account one Nare Booster. Accounts with the same IP address and same Password will be regarded as the same customer and will not be able to claim the Booster Gift. First Deposit BOOST would be available only if a user makes a deposit within the first 3 months of account opening.
If BETNARE notices something suspicious about your activities
with
the
bonus, then we may take it away. This includes very similar
betting
patterns
between the referrer and the referred account.
2. Make a first deposit of ANY AMOUNT up to KES.200 and you get BOOSTER in total value of up to KES.3,000.
3. You will receive all the BOOST once you make the first deposit. The gifts will become valid only on cash bets.
4.. The BOOST can only be used for "Real Sports" and not on Virtuals , Jackpot and Casino.
5. These free BOOSTS can only be used to place bets selections with at least 4 selections having Odds > 1.5.
6. Only 1 Booster Gift can be used in 1 Betslip.
7. In this promotion, BetNare only allows one chance to award BOOSTER Gifts per person / mobile number/ IP address/device number.
8. Duplicate accounts will be closed and will not qualify for this offer. Any winnings obtained unlawfully from this bonus will be removed. Promotions and Gifts are created in order to reward our most valued customers.
9. Under suspect of fraud or abuse of this promotion by any customer, we reserve ourselves the right to remove Gifts and associated winnings from a given account or any associated accounts. BetNare reserves itself the rights to amend, cancel, reclaim or refuse any promotion at its own discretion.
Promotions are subject to change. All management decisions are final.
In the event of an error when attributing a gift to a customer account, the company reserves the right to correct such errors by removing any funds that were put into the customer’s account erroneously and by avoid
Bonuses being offered and their details of crediting Bonus Money will be
available on the Bonus/Promotions section of the website. The amount of
Bonus Money is determined by BetNare and set out on the website.
The CLIENT binds himself not to abuse the ability of opening accounts
in order to benefit from bonus credits and other promotional offers
that may be offered. The company reserves the right, in case of
abusive behavior on the CLIENT’S part as related to bonus credits
and/or to promotional offers by
BetNare, to rescind or block CLIENT accounts created to that end, as
well as
their transactions.
BetNare reserves the right to revoke and/or cancel any bonus and/or
promotional winnings which are deemed to have occurred due to abuse
and/or
misuse of any promotional system. In the event of any dispute, the
general
conditions set out in the complaints procedure on the company’s
website will apply.
The Bonus Money will be kept separately from the Real Money on the
account.
The Bonus Money will not be paid out directly until it has been
transformed
into real cash winnings.
If the cash account contains both Bonus and real money, the total
bet
used
for wagers will be subject to bonus bet conditions. Specific bonus
bet
conditions will be published on the website.
Any indication of fraud, manipulation, cash-back 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
generated.
All bonuses and promotional offers are subject to the terms and
conditions
made available when communicating the bonus offer.
Rules on BetNare Bonuses
General rules
Apart from Jackpot Bonus, any other bonus awarded cannot be
withdrawn.
However, bonus winnings derived from the bets placed
successfully with
the
bonus can be withdrawn.
If BETNARE notices something suspicious about your activities
with
the
bonus, then we may take it away. This includes very similar
betting
patterns
between the referrer and the referred account.
EACH bonus offer will have its own “TERMS & CONDITIONS” and Customers should ensure that the terms and conditions associated with each individual bonus offer are read and understood prior to accepting the bonus.
Bonus expiry is midnight (all bonuses)
The Maximum and Minimum stake of the bonuses is 100/=
Total number of games per slip on bonus related bets is 4
Minimum odds per game on bonus related bets is 10.5
Minimum total odds per bonus bet is 16.00
The maximum pays-out from bonus bets – KES300 per betslip.
All rules on bonus bets will apply.
Promotions are subject to change. All management decisions are final.
In the event of an error when attributing a bonus to a customer account, the company reserves the right to correct such errors by removing any funds that were put into the customer’s account erroneously and by avoid
BetNare is committed to provide the best quality of support for our
players.
One of the ways in which we can continue to improve our service is by
listening and responding to the views of our Clients and, in particular,
by
responding positively to complaints. However, we do admit that reaching
a
unanimous outcome in all cases is not always possible.
If a Client wishes to make a compliant or feels that their case might
need
further escalation, they should contact our customer support agents by
email
on ccare@betnare.com. A customer care representative shall acknowledge
the
receipt of the complaint to the Client in a maximum period of 3 working
days.
Our agents are also available on live chat, official social media
handles
and via phone, as we strive to ensure that making a complaint is as
accessible as possible. The 'Help' section on our website is there to
assist
the player in selecting the most appropriate communication channel to
reach
our customer support.
Please be advised that in order for us to take action on a complaint in
the
shortest time frame possible, it must contain clear and concise
information
about the Client’s identity (name, surname, username, bet id, game id,
mobile number), as well as all relevant details about the case (the name
of
the game, the time and date of the incident with a clear explanation).
No complaints with regard to the acceptance, settlement or resettlement
of a
bet will be heard by us if they are not raised through our Customer
Services
within 30 days from the event occurrence which the bet related to
occurred.
Offensive or rude language, as well as malicious or damaging comments,
will
not be tolerated while contacting our staff or while discussing our
products
and services in any media, social network or forum. Any infringement of
this
policy will result in a suspension of the Account or in every additional
action as may be required in order to ensure compliance.
Misconduct by CLIENTS is forbidden on the website. CLIENT’s behavior
is deemed as a violation of these Terms and Conditions, whenever,
but
not exclusively, if the CLIENT:
intentionally provides inaccurate or incomplete information;
attempts to manipulate the result of games through concerted
practices, alterations of the program or in any other undue way;
deliberately cause malfunctions or defects of the website in
order
to undermine the natural flow of the game;
sets up more than one account per person; or any other
regulations
set out in these Terms and Conditions is violated; and
uses abusive or offensive language in email messages and/or
during
live chat, makes matrimonial offers, pornographic references or
sexual
comments, sends spam, threatening messages, uses verbal abuse or
slurs
BETNARE’s and its employees. Any violation of this policy will
result in
the end of the conversation and suspension of player’s account
for an
indefinite period of time.
The CLIENT will not decompile or attempt to decompile the software
on
the company’s website or develop software that interferes with the
Client-Server-Communication software used on its website.
The use of any software program which facilitates artificial
intelligence is strictly prohibited. Prohibited software may include
software which BetNare believes allows player to cheat or gives one
player an unjust advantage while wagering on the website. The
Company
reserves the right to take action in order to detect and prevent the
use
of such software by Players. Should the company identify or suspect
for
good reason the use of prohibited programs, the company reserves the
right to freeze the relevant Player’s account for a period of at
least
six (6) months, to confiscate any funds in that account and/or to
suspend the Player from using the services of the company.
In the event of misconduct by a CLIENT, the company is entitled to
immediately terminate the Agreement with the CLIENT and exclude him
from
further use of the website. Furthermore, the company is entitled to
interrupt and terminate on-going games, block the CLIENT’s account
with
or without prior notice and to retain the User’s credit and winnings
achieved through misconduct until clarification of the situation is
reached.
A number of circumstances may arise where a bet or wager is accepted, or
a payment is made, by us in error. A non-exhaustive list of such
circumstances is as follows:
where we mis-state any odds or terms of a bet or gaming wager to You
as a result of obvious error or omission in inputting the
information or setting up a market, or as a result of a computer
malfunction;
where we have made a 'palpable error'. A palpable error occurs
where:
in relation to bets placed prior to an event taking place, the
prices/terms offered are materially different from those available
in
the general market; or
in relation to any event, the price/terms offered at the time the
bet is placed are clearly incorrect given the probability of the
event
occurring;
where we have continued to accept bets on a market which should have
been suspended, including where the relevant event is in progress
(except where 'in-running' bets are accepted) or had already
finished
(sometimes referred to as 'late bets');
where an error has been made as a result of a Prohibited Practice;
vii. where we should not have accepted, or have the right to cancel
or
re-settle, a bet pursuant to the Betting Rules (for example due to
'Related Contingencies');
where an error is made by us as to the amount of winnings/returns
that are paid to You, including as a result of a manual or computer
input error; or
where an error has been made by us as to the amount of free bets
and/or bonuses that are credited to Your Account,
such circumstances being referred to as an "Error"
BetNare reserves the right to:
correct any Error made on a bet placed and re-settle the same at the
correct price or terms which were available or should have been
available
through the Operator (absent the publishing error) at the time that
the bet
was placed and the bet will be deemed to have taken place on the
terms which
were usual for that bet; or
where it is not reasonably practicable to correct and re-settle
under
18.2.1 above, to declare the bet void and return Your stake into
Your
Account; or
in circumstances where the Error has resulted from a Prohibited
Practice, to take necessary steps to amend this.
Any monies which are credited to Your Account, or paid to You as a
result of an Error shall be deemed, pending resolution under clause
iii
above, to be held by You on trust for us and shall be immediately
repaid to
us when a demand for payment is made by us to You. Where such
circumstances
exist, if You have monies in Your Account we may reclaim these
monies from
Your Account. We agree that we shall use all reasonable endeavours
to detect
any Errors and inform You of them as soon as reasonably practicable.
Neither we (including our employees or agents) nor our partners or
suppliers shall be liable for any loss, including loss of winnings,
that
results from any Error by us or an error by You.
You shall inform us as soon as reasonably practicable should You
become
aware of any Error.
Where You have used monies which have been credited to Your Account
or
awarded to You as a result of an Error to place subsequent bets or
play
games, we may cancel such bets and/or withhold any winnings which
You may
have won with such monies, and if we have paid out on any such bets
or
gaming activities, such amounts shall be deemed to be held by You on
trust
for us and You shall immediately repay to us any such amounts when a
demand
for repayment is made by us to You.
All content, trademarks, services marks, trade names and logos are
the property of BetNare and are protected by copyright laws,
international treaties and provisions.
The CLIENT agrees not to delete any copyright notices or other
indications of protected intellectual property rights from materials
that the CLIENT receives from BetNare or BetNare’ WEBSITES. The
CLIENT
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.
The CLIENT agrees not to resell marketing materials provided to them
by BetNare 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 BetNare. The
same
rule applies to all users of the Website not limited to the Account
holders.
Images displayed on the Website are either the property of BetNare
or
to be used with permission. The CLIENT agrees not to upload, post,
reproduce or distribute 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
permission of the owner of such rights and the prior written consent
of
BetNare.
You may not assign these Terms and Conditions to any third party. The
Company may assign, transfer or novate any or all of its rights and
obligations under these Terms and Conditions to any third party at any
time without notice to you.
The CLIENT agrees to defend and indemnify BetNare and its officers,
directors, and employees, and to hold them harmless from and against any
and all claims, liabilities, damages, losses, and expenses, including
without limitation reasonable attorney's fees and costs, arising out of
or in any way connected with:
CLIENT's access to or use of the Website or Services;
CLIENT’s violation of any of the terms of this Agreement; or
CLIENT’s breach of any applicable laws or regulations.
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.
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.
Any provision of these Terms and Conditions that is invalid, illegal or
unenforceable in any jurisdiction will be ineffective in that particular
jurisdiction, without affecting the validity, legality or enforceability
of that provision in other jurisdictions.
In the event of a dispute arising between us and you, we each agree to
follow the procedure set out in our Dispute Resolution policy as amended
from time to time.
If BetNare is unable to settle the dispute, BetNare will refer the
dispute to an arbiter, whose decision will be final (save in respect of
any manifest error) subject to full representation given to all parties
involved. No dispute regarding any bet/wager will result in litigation,
court action or objection to a bookmaker’s licence or permit (including
any remote operator’s licence or personal licence) unless BetNare fails
to implement the decision given by arbitration.
We reserve the right to make immaterial changes to these Terms and
Conditions at any time and your continued use of the site will be deemed
to be your acceptance of any material changes.
Communications and notices to be given by you to us under these Terms
and Conditions should be provided to us as set out in the Contact us
section.
This agreement and use of the company’s website and services shall be
governed by the applicable provisions of the Betting, Lotteries and
Gaming Act, CAP. 131 and any Regulations and Rules made in terms
thereof, as amended from time to time. It shall be the responsibility of
the Customer to ensure that he/she is aware of these provisions.
Any and all legal relationship between the CLIENT and the Company, for
every circumstance not regulated by the Terms and Conditions of Use,
will be subject to laws of the Republic of Kenya.
If the CLIENT places of a bet from a location falling outside Kenya,
such bet shall be subject to all appropriate exchange control
regulations and the laws of the foreign jurisdiction from which such
communication originates and it shall be the responsibility of the
CLIENT to ensure full compliance with same. BetNare makes no warranties
and shall not be liable to the CLIENT if it is not able to remit any
monies held by it to any account held by the CLIENT in a foreign
jurisdiction.
All winnings on bets placed are subject to 20% tax payable to the
Republic of Kenya.
The term of the Agreement shall be for an indefinite period.
BetNare shall have the right prior to accepting any bet, temporarily to
suspend or permanently to terminate, the provision of betting services
to a
CLIENT without providing any reason.
Should the CLIENT wish to terminate this Agreement at any time, he/she
may
do so by sending an e-mail notification to the company.
As of termination, the CLIENT shall not be able to carry out new
transactions.
The CLIENT may only terminate the agreement by providing written notice
to
the customer support email at ccare@betnare.com.
Betnare is Trademark of Beyond Intorch Limited. Beyond Intorch Limited is authorized and regulated by Betting Control and Licencing Board of Kenya (BCLB) under the betting, lotteries and gaming Act, Cap 131 under Licence No. 0000540
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