In order to place a bet or play a game using the Services, you will need to open an account with us (your “Account”). By opening an Account and by using the Service, you confirm to us that at all times you:
(a) are aged 18 years or above (it is an offence to gamble if not 18 years or older);
(b) are legally capable of entering into binding contracts;
(c) are located in a jurisdiction in which it is lawful to open an account with us and to use our Services;
(c) are the person you claim to be in your registration you are providing accurate, current and complete information and that you will promptly update the information you provide to us when it changes;
(d) are acting as principal and are not acting on behalf of someone else;
(e) have not previously held an account which was terminated either by us or by any other gambling/gaming operator by reason of breach or improper or unlawful behaviour;
(f) are not prohibited for any reason from betting with us or from using the Services; and
(g) have not excluded yourself, and nor have you been excluded by any third party, from gambling. When you open your Account you will be asked to provide us with personal information, including your name and date of birth and appropriate contact details and e-mail address.
You are responsible for ensuring that the correct financial/personal information is available on your Account with us. By submitting payment details to us you warrant that you are entitled to effect the relevant transaction or place the relevant bet using such payment details. If we do not receive payment authorisation or if payment is not valid, cannot otherwise be processed or if any authorisation is subsequently cancelled, we may reject your transaction or bet and/or immediately terminate or suspend your Account.
You may only open one Account with us, which then can be used by you for the purposes of the Services. We reserve the right to close down any duplicate Accounts and to cancel any bets or transactions on duplicate Accounts. We also reserve the right to suspend or close any Account and cancel any associated bets or transactions where the Account holder and the owner of the funding instrument are not the same.
If you choose, or if you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. Any user identification name and password chosen or provided to you for your access to the Services shall be for your personal use only and is non-transferable. We recommend that you disable any automatic password memory in your browser prior to using the Website. This will help to limit the risk to you of unauthorised use of your Account.
You agree to:
(a) immediately notify us of any unauthorised use of your username and/or password, or any other breach of security; and
(b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements in this clause.
If you forget or lose your password or Account information please contact us immediately. We will use reasonable commercial endeavours to suspend your Account once you inform us of your lost Account details, but you remain solely responsible for any Bets placed on an Account prior to our suspending your Account. If we have reason to believe that there is likely to be a breach of security or misuse of your Account, we may require you to change your password/registration details or we may suspend or close your Account without notice.
We have the right to disable, suspend or restrict your user identification name or password, whether chosen by you or allocated by us, at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of this Agreement.
You may not:
(a) enter, select or use a false name, address, Account details or an email address owned or controlled by another person with the intent to impersonate that person, or
(b) use a name or such details without appropriate authorisation. We accept no liability resulting from any unauthorised use of our Website and/or Services, whether fraudulent or otherwise. We reserve the right in our sole discretion to refuse registration of, suspend or cancel a user identification name without notice.
You agree and acknowledge that you are fully aware that there is a risk of losing money when gambling by means of the Website and/or the Services and you are fully responsible for any such loss.
TRANSACTIONS ON YOUR ACCOUNT
To participate in any of the betting or gaming Services, you must first deposit money into your Account. Once your Account has been opened, you can make a deposit using our various methods. We accept those mobile money methods indicated on the Website and our own vouchers. We reserve the right to change the methods that we accept from time to time.
We reserve the right to withhold funds where we have sufficient reason to believe that the user and Account holder is not one and the same person (and any winnings arising from such deposit are void).
We, in our absolute discretion and without giving reason, reserve the right to refuse to accept any type of payment presented to us irrespective of whether we have previously accepted such payment type from you or would usually accept that payment type from any customer.
We do not charge you for deposits or withdrawals although you should check with your bank and/or other payment service provider as to whether they will levy any such charges.
Account facilities are provided to you solely to enable you to place bets or participate in Services. If you, for whatever reason, appear to be depositing or withdrawing money without genuine play (100% of the amount deposited has to be played), we reserve the right to pass on to your Account, without prior notice, any charges we have incurred before closing the Account. This may result in a report to the necessary authorities and the Account being suspended or closed.
To the extent required by your local law or tax or other authorities, you are responsible for reporting your winnings and losses arising from the Services.
Interest is not payable on Account balances. Credit is not permitted. It is your responsibility to maintain sufficient funds in your Account, and to stake your bets accordingly. We reserve the right to void any bet or other transaction which may be inadvertently processed by us if your Account does not have sufficient funds to cover the whole of the transaction and/or to recover the amount of any shortfall.
Funds may be withdrawn from your Account provided that:
(a) all payments made into your Account have been confirmed as cleared and have not been charged-back, reversed or otherwise cancelled;
(b) any identity verification checks we are required to conduct pursuant to Anti-Money Laundering or other obligations are completed with a satisfactory outcome. To this end we reserve the right to seek such other information as we might require in order to confirm your identity and compliance with these Terms and Conditions and any other applicable rules, laws or regulations;
(c) you have complied with these Terms and Conditions;
(d) you have been verified by us as being over the age of 18;
Where it has not been possible to pay your withdrawal to the method of your choice, our Customer Service team will contact you to arrange an alternative method of payment. Please note that your method of withdrawal must be the same as the method of your most recent deposit.
We do not accept responsibility or liability for any mistakes in respect of the announcing, publishing or marking of prices, handicaps, place terms, betting information or results despite our every effort to ensure accuracy. We make every effort to ensure that no errors are made in prices offered or bets accepted. However, human and/or systems’ error may occasionally result in errors. We reserve the right to correct any obvious error and to void any bet placed where such have occurred. In the case of any blatant errors in prices transmitted (including for example where the price being displayed is materially different from those available in the general market and/or the price is clearly incorrect, depending on all of the circumstances), bets will be settled at the correct price at the time of acceptance. If a bet is accepted by us on an event where offering a price on the event itself (rather than the price) was in error, the bet will be void and your stake will be returned.
Should funds be credited to a customer’s Account in error, it is the customer’s responsibility to notify us of the error without delay. Any winnings subsequent to the error and prior to notification to us, whether linked to the error or not, shall be deemed invalid and returned to, or otherwise be reclaimable by, us.
Any queries over a bet claim should first be e-mailed to us. We will make every effort to resolve the matter in a mutually satisfactory manner.
PLACING YOUR BETS
You must exercise your own judgement in choosing to place a bet. You acknowledge that, in placing your bet, you are not relying on any statement of any of our employees relating to the subject matter of the bet. We reserve the right to refuse part or all of a bet.
You agree to pay us for the bets placed with us in accordance with the Terms and Conditions. You agree you are solely responsible for any bets placed on your Account with us. Bets on the Website may only be placed by you through your Account and we shall not accept wagers from you in any other form or by any other means in relation to the Services. Any winnings from using the Website or Services will be deposited into your Account, and subsequent Bets on the Website will be debited from your Account balance with us.
Customers can only bet up to the amount held within their Account or the limit as set out in the Betting Rules, whichever is the lesser. The minimum and maximum bet per selection is determined exclusively by us. In order to place a bet or access a Service you should follow the instructions provided in the Help section of the Website.
It is your responsibility to ensure that the details of any bet or transaction that you place using the Services are correct.
We reserve the right to refuse the whole or part of any transaction requested by you at any time in our sole discretion, or where you have breached the Terms and Conditions. No transaction is accepted by us until you have given the appropriate confirmation (or it has otherwise been accepted by us).
Once you have placed your bet and you have received confirmation that your bet has been accepted, it is too late to cancel the bet (unless we, in our absolute discretion, provide permission to cancel or change the bet). At that point you have granted us an irrevocable authority to hold your funds pending the outcome of the relevant event and to either retain, refund or pay winnings in respect of that bet in accordance with the betting rules governing the bet and these Terms and Conditions.
Where bets are taken after the start of an event, bets will stand if nothing has happened which would significantly alter the chances of the selection winning or losing. All bets placed after the result of an event is known will be void (win or lose). We reserve the right to void any bet inadvertently accepted after the betting has closed or where the event was resolved or at a stage where the customer could have an indication of the outcome. We further reserve the right to void any bet that has been placed after the actual start of an event. This will apply even if the time has been advertised incorrectly, either by us or in the press or otherwise. Separate betting rules apply to Live Betting.
In the event of there being a dispute over the time at which a bet was placed or whether a bet has been placed, then the time at which it was recorded (if recorded) on our transactional log will govern settlement. If an attempted bet was not recorded on the transactional log, no bet shall be deemed to have been placed. You should check your Account balance each time you visit the Website.
Please familiarise yourself with betting and gaming terminology and how the various bets and games are operated. If you have any queries relating to them, please contact us. We cannot accept any responsibility if you place a bet in circumstances where you do not fully understand any of the terms involved or how the bet or game is operated.
In the event of any representation made by you proving to be false, your stake will be forfeited and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the bet. Any queries that you have relating to a bet that you made on the Website must be raised by you no later than six months after the last event in the bet has been settled. We cannot guarantee that we will be able to respond to your query if it is not raised within this time.
Maximum Aggregate Winnings (maximum payout) per customer per ticket is also 50,000,000 Ar (MGA)
FRAUD & VOID BETS
We reserve the right to seek criminal or other sanctions against you if we suspect you have engaged in fraudulent, dishonest or criminal acts and we will disclose such information to the relevant authorities or other relevant third parties (for example, payment service providers) as may be necessary in this regard.
We reserve the right to suspend or terminate any Account we believe to be involved in fraud, money laundering and/or any other form of illegal or suspicious activities and to report such details as we reasonably consider are necessary to relevant authorities.
We reserve the right to withhold payment to you where you are suspected of engaging in fraudulent, dishonest or criminal activities.
You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
We reserve the right to refuse payment on any bet that we are unable to substantiate from our security records. We reserve the right to void any bet that we believe is not bona fide or which breaches these Terms and Conditions, any of our betting rules or any rules of a sporting governing body.
We reserve the right to refuse or limit any bet(s) at our sole discretion for any reason whatsoever. In circumstances where a bet is deemed to be or is declared void by us at our discretion, any sum deducted from your Account with respect to that bet shall be credited to your Account. Bets shall only be valid if accepted by our server. Until acceptance, no communications from you shall be binding on us and all information displayed on the Website constitutes an invitation to treat or avail of the Services only. Should we determine to waive a rule in the interest of fair play to you, it shall only be for that specific event and shall not set a precedent for the future.
SUSPENSION OF AN ACCOUNT
We do not undertake, warrant or represent that all Services will be available to all customers. We may, at our sole discretion and without any requirement to give reasons, exclude any customer from the Services generally or from receiving selected promotions and any other promotions and offers introduced by us from time to time. Without restricting our ability to rely on other remedies that may be available to us, we may suspend or terminate your Account, withhold part or all of your balance in your Account or cancel or void any bets or transactions placed by you at our absolute discretion if:(a) there is a technological failure affecting the integrity of a transaction(s) or your Account;
(b) we suspect or know that you are engaging in illegal or fraudulent activity while using the Services;
(c) we suspect or know that you are or you have breached any of these Terms and Conditions or the rules governing a particular bet or transaction;
(d) we suspect or know you are acting in a manner that is detrimental to the conduct of our business, for example, if you are taking unfair advantage over us or any other player or are otherwise acting in an unfair manner by exploiting a fault, loophole or error in our software or by cheating or by colluding with others;
(e) we suspect or know that you may be having difficulties obtaining credit, have become bankrupt or undergone similar procedures anywhere in the world;
(f) where in our judgement, there is a manifest error in the terms of a bet or transaction placed by you;
(g) we become aware that you have “charged back” or denied any of the purchases or deposits that you made to your Account; or
(h) we are required to do so by law.
CLOSURE OF ACCOUNTS
Please contact us if you wish to close your Account. We will action your request, within a reasonable time, but you will continue to assume responsibility for all activity on your Account until your Account has been formally closed (i.e. all outstanding bets and transactions have been settled and all sums on the Account have been paid or withdrawn in accordance with these Terms and Conditions).
We reserve the right to close your Account at our discretion and without having to disclose any reasons on written notice (or attempted notice) to you using the contact details you have provided to us. Any undisputed balance in your Account will be made available to you, subject to your having complied with the Terms and Conditions.
We may also close or suspend your Account without notice if your Account remains inactive for a significant period. If you do not use your Account for betting or gaming, making a deposit or withdrawal, or if it is otherwise inactive, for a period of at least 12 consecutive months then we reserve the right to close it and return any undisputed balance to you.
In the event of termination of your Account by us for any reason we shall have no further liability to you whatsoever, other than the return of any undisputed balance.
Where we close your Account due to any breach by you of the Terms and Conditions, the balance of your Account will be non-refundable and deemed to be forfeited by you to the extent of any claim that we may have against you as at the date of such closure (whether under your Account or otherwise). We reserve a right of set-off against your Account balance to the extent necessary to meet any loss, damage, cost, expense or liability arising from your breach.
Closure of your Account will not otherwise affect any outstanding bets, provided that such outstanding bets are valid and you are not in breach of the Terms and Conditions in any way. Where your Account has been closed or where you have provided notice of your intention to close your Account, any unclaimed promotions, bonuses or other benefits which may been notified to you shall be automatically forfeited.
Upon any termination of this Agreement, whether by us or by you, you agree and acknowledge that(a) your rights to use the Website and the Services shall immediately terminate;
(b) you will cease any and all use of the Website and the Service, and
(c) you will remove any software provided to you or downloaded by you in respect of the Website or the Services from your computer, tablet, hard drives, networks or other storage device.
From time to time we may offer bet incentives, promotions, bonuses, special offers and/or free bets for new accounts. You are not eligible to receive new account offers if you are one of our existing customers.
We reserve the right, at our sole discretion and without any requirement to give reasons, to select existing customers for inclusion in certain bet incentives, promotions, bonuses or special offers. These incentives are subject to additional terms and conditions and validity periods that will be made available where applicable. To access these incentives you must comply with the terms of the relevant offer. If you fail to register and deposit in the defined timeframe or fail to meet any other applicable terms or conditions, your Free Bet / Bonus winnings will be forfeited.
In the event of a conflict between these Terms and Conditions and the promotion or competition specific terms and conditions, the promotion or competition specific terms and conditions shall prevail.
ACCEPTABLE USE OF THE WEBSITE AND THE SERVICES
You must not misuse the Website and/or Services by knowingly or negligently introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or Services, the servers on which the Website or Services are stored or any server, computer or database connected to the Website or Services. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and other details relating to your Account with us to them. In the event of such a breach your right to use the Website and Services will cease immediately.
The following practices constitute ‘Prohibited Practices’ and are not permitted and will constitute a material breach of the Terms and Conditions. We will take all reasonable steps to prevent and detect such practices and to identify the relevant players concerned if they do occur. Subject to the below, however, we will not be liable for any loss or damage which you may incur as a result of any Prohibited Practices, and any action we take in respect of the same will be at our sole discretion. Prohibited Practices in relation to the Services:(a) abuse of bonuses or other promotions; and/or
(b) using unfair external factors or influences (commonly known as cheating); and/or taking unfair advantage;
(c) opening any duplicate Accounts; and/or
(d) undertaking fraudulent practice or criminal activity.
We have no obligation to monitor or moderate any user’s activity or use of the Website, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request, to ensure that the Services are properly used, that these Terms and Conditions are being complied with or to investigate any suspected breach.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software) and in the content published on it shall remain at all times vested in us or our licensors. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us or our licensors. You acknowledge and agree that the material and content contained within our Website is made available for your personal non-commercial use only. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
We do not grant any express or implied right to you in any of its intellectual property rights or secret information.
For the avoidance of any doubt you may use the data available from the Website (including for example odds, both live and historical) only as strictly required for your permitted personal, non-commercial purpose of availing of the Services. Any other use and/or reproduction of the data without prior written consent of us is prohibited and will constitute a breach of these Terms and Conditions. We reserve the right to take such action as it considers necessary, including issuing legal proceedings without further notice to you, in relation to any unauthorised use of its data or of the Website.
THIRD PARTY RIGHTS
Unless expressly stated, nothing in the Terms and Conditions shall create or confer any rights or any other benefits in favour of any person other than you and us.
If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful, void or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
YOUR PERSONAL DATA
We are entitled to share the information we hold on you which includes personal data and betting history with the regulator, sporting bodies and other bodies, including the police, in order to investigate fraud, money laundering or sports integrity issues and to comply with our regulatory duties.
LIABILITY AND INDEMNITY
You agree that your use of the Website is at your sole risk.
Our maximum liability to you arising out of the Terms and Conditions, whether for breach of contract, tort (including negligence), or otherwise will be limited to:(a) the amount of the bet relevant to the which the liability in question has arisen; and
(b) where monies paid by you into your Account have been misplaced by us, the return of the same amount into your Account.
We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for:(a) business interruption, loss of profits, revenue, business, data, opportunity, business information or goodwill; or
(b) indirect or consequential loss, arising out of, or in relation to, these Terms and Conditions, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.
While we endeavour to ensure the Website is available continuously, we will not be liable for any delay, breach, omission or failure on our part which arises due to a matter beyond our reasonable control, including force majeure events such as emergency maintenance, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.
We shall not be liable for any bet not being placed for any reason or you being disconnected from the Services, including but not limited to failure or disconnection of computer, telecommunications services, internet or otherwise, and the balance of your Account will at all times be as is recorded on our server. The balance on the server when logging on to the Website, after you have been disconnected, will reflect the balance after completion of the last bet prior to the disconnection.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Madagascar. You irrevocably agree that the courts of Madagascar shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to your use of the Services, and that the laws of Madagascar shall govern any such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our intellectual property rights or breach of these Terms and Conditions is taking place or originating. You are responsible for compliance with any applicable laws and regulations of the jurisdiction from which you access the Website or use the Services.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. We each acknowledge that neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in correspondence between us except as expressly stated in these Terms and Conditions.
Neither party shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in the Terms and Conditions.
TRANSFER AND ASSIGNMENT
In the course of providing you services and in respect of your use of the Website, we may need to communicate with you via email or the other details that you have submitted to us. You agree to receive emails which are specific to your Account and necessary for the normal functioning of the Website, including emails which help inform users about functionality of the Website. You agree that we may communicate with you regarding the Website by any electronic means whatsoever to your telephone or mobile device.
By playing any of our games on the Website, you agree that should you win a prize, you will allow your name and photograph to be used in associated promotions or press, without further agreement from, or compensation to you.
LINKS FROM OUR WEBSITE
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).
A link from our Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link.
CHANGES TO THESE TERMS & CONDITIONS OR THE SERVICES
We reserve the right to make changes to the Terms and Conditions at any time. We will make reasonable efforts to ensure that any significant changes to the Terms and Conditions will be notified to you by an appropriate method (for example, by email or via a notice on the Website). However, it remains your responsibility to check the Terms and Conditions from time to time to ensure that you agree with them, and your continued use of the Website will be deemed to be your acceptance of any changes we may make.
We may need to change the Terms and Conditions for a number of reasons, including addressing any new games or services we may introduce in the future, for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body or for customer service reasons. The most up-to-date Terms and Conditions can be accessed from the Terms and Conditions link in the footer section of the Website.
We may, in our absolute discretion, alter or amend or withdraw any betting or gaming products from the Services or any part thereof, at any time, and we may alter prices, features, specifications, capabilities, functions and/or other characteristics of the bets, games and/or Services.