1.1 Game Mania(herein after referred to as the "the Company") , a company registered under the laws of Kenya whose registered address is: Ebony house, tom mboya street, NAIROBI
1.2 This agreement establishes the Terms and Conditions for the contractual relationship between the Company and you. The Terms shall apply to gaming via Mobile services and all other media/electronic platforms which were references to your use of mobile devices betting facilities including. You are required to accept these Terms and Conditions when registering for an account with the Company and you are bound by these Terms and Conditions throughout the existence of the relationship. The company reserves the right to decline your registration/ participation without being bound to provide any reasons whatsoever.
1.3 These Terms and Conditions and Rules are categorized for ease of reference and understanding.Reference to "you", "your" or the "player", "customers", or "subscriber" is reference to any person using the Company gaming/waging Platform or the services to and/ or any registered customer of the Company thereof. Reference to Game Mania
1.4 The Company reserves the right to change these Terms and Conditions at any time and without prior notice. The Company will endeavor to inform you about major modifications to the Terms and Conditions. Nevertheless, it is your responsibility to regularly check for any changes. Should you, due to any possible changes, not wish to continue using the services of the Company, you can withdraw uncommitted funds without penalty and close the account by sending email to: firstname.lastname@example.org, to that effect. A response will be sent to you confirming receipt of your decision to discontinue your participation in the Company. Failure by you to receive a message for any reason whatsoever shall not be taken to mean that the Company has any obligation towards you
1.6 The Company will not disclose your personal information to third parties unless such disclosure:
(a) is required for the processing of your requests;
(b) is a duty and /or legal obligation of the company;
(c) is required to enforce / apply the Terms and Conditions and other agreements;
(d) is required to adequately protect our rights or property, including via the exchange of information with other companies and organizations for the purposes of information verification, fraud protection and credit risk reduction. Personal information that you provide may be disclosed to a credit reference agency, which may keep a record of the information.
1.7 By agreeing to these Terms and Conditions, and where you play any game, or place a bet or wager, using the provided betting platforms, you accept and agree to be bound by, these terms and conditions and any amendment or variation thereto and the Rules which apply to the applicable products available on the Company from time to time and you are acknowledging 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 questioners, market and promote its services and those of its affiliated companies.
1.8 The Company is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and 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.
2 OPENING ACCOUNT & REGISTRATION
2.1 To apply for an account you must register personally and you must be of legal age. You must provide your age in the provided fields and confirm the same in the registration field. By so doing, the subscribers affirm that they are of a mature/legal age at the very minimum of 18 years. The Company reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. The name of the player MUST be the same as the name used when registering with the company and must correspond with the registered mobile no. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should Contact Us. All bets/wagers that are placed prior to an account being suspended will stand-win or lose. Should any underage account owner be discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely, and all funds deposited to the account will be forfeited. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.
2.2 You agree to abide by these "Terms and Conditions" at all times, and:
(a) not to be acting in the interests of any third party;
(b) not to utilize monies obtained from ill-gotten means;
(c) not to credit accounts with bank/credit card/s you are not authorized to use;
(d) not to try to hack the Company Mobile service, Website and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override or manipulate the system or in any way commit fraud / crime;
(e) not to adopt any criminal behavior against the Company, its affiliates, its players or any third party
(f) not to mislead the Company by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one's identity, untruthful behavior or hiding one's true location and /or age.
2.3 In the event that you breach one or more of the Account rules as mentioned in 2.1 and 2.2, the Company reserves the right to close your account and seize any available funds. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. Contractual obligations will be honored unless there is any breach of any of the terms and conditions on your part or breach of any international law and laws of Kenya. The specific games /products shall be strictly guided by these rules & guidelines herein and all other Rules & guidelines that shall be issued from time to time by the Company. The waging products, guidelines and Rules shall remain at all times the product of the Company.
2.4 It is your responsibility to ensure that you are not infringing on any laws in your jurisdiction when opening an account and conducting business with the Company at all times during the subsistence of your subscription/ participation.
2.5 You must submit the correct information during your registration. You also agree to update this information should there be any changes to your registration data.
2.6 The Company will accept no liability from third parties whatsoever, resulting from you providing incorrect or false data.
2.7 One customer may open only one account. Should we identify any customer with more than one account, we reserve the right to close these accounts.
2.8 If the Company detects multiple accounts which have been setup deliberately with misleading information, have displayed criminal behavior, or if the Company concludes that the account-owner has fraudulent intentions, the Company shall be entitled to close the accounts and confiscate all funds, including initial deposit. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto. If you nominate another person as an authorized user of your account, you shall be responsible for all transactions such a person makes using the relevant account details. Should you lose your account details or feel that someone else may have your account details, please Contact Us. The Company will however not be responsible for any loss or damage that you may suffer as a result of transaction made by that other person. Please note that personal registration details and any other sensitive data should never be sent to us by any unencrypted form.
2.9 The Company manages players' accounts and calculates available funds, pending funds, betting funds, as well as the amount of the winnings. Unless proven otherwise, these amounts are considered as final and are not subject to dispute.
2.10 All account transactions are performed in Kenya Shillings. No interest is paid on any funds, irrespective of the amount held in your account or any delay in remitting founds in your account for any reason.
2.11 You agree to not in any way treat the Company as a financial institution. This includes using the Company as an intermediary to transfer funds, unused or used, from one source to another one with or without ill intentions as well as using the Company as a currency exchange bureau. Should you conduct account activities for these purposes, the Company reserves the right to close your account and/or seize any available funds available in the account. Contractual obligations will be honored unless there is a breach of any of the terms and conditions. No credit will be offered by the Company or from any employee of the Company, and all bets must be supported by sufficient funds in the customer's account. The Company reserves the right to void any bet/wager which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet/wager. Should funds be credited to a customer's account in error, it is the customer's responsibility to inform the Company without delay. The Company will recover such funds by account adjustment.
2.12 The Company does not tolerate abusive, aggressive or obscene language/ behavior towards representatives of the Company across any of our support platforms (chat, email, telephone, outlets). Should you decide to communicate with us in this manner, you will be denied access to any and all of our support platforms and any such acts will be reported to the relevant authority for action.
2.13 You must keep your login ID and password secret at all times. It is your sole responsibility to ensure that your login information is kept secure. Should you suspect that your login information is no longer secure you are required to immediately contact the company as well as change your security details immediately. If at any time should your account be accessed and used by a third-party without your prior consent, the Company is not liable for any consequences that may occur.
2.14 Your Username must be your registered telephone (mobile) number.
2.15 Selling and/or transferring and/or, acquiring of accounts to/from other players, is prohibited. Any such action will lead to close of account and forfeiture of the funds in such account. The company may in its sole discretion reopen an account if there is sufficient proof to the satisfaction of the company that a transfer was done in error
2.16 A dormant account is an account that has not been accessed for 30 months, that has a legal registration with or without money balance. Once your account becomes dormant the Company, in accordance with the applicable law, shall close your account and transfer your remaining account balance to a dedicated Company corporate account.2.16.1 The Company reserves the right to terminate the relationship between the Company and any of its players at any time which decision is purely at its discretion. The Company also reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, the company shall be entitled to close or suspend your account if:
(a) you become bankrupt;
(b) the Company considers that you have used the services/products/platforms in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) the Company considers that you have used the services/products/platforms in an unfair manner or have deliberately cheated or taken unfair advantage of the Company or any of its customers;
(d) the Company is requested to do so by the police, any regulatory authority or court;
(e) the Company considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur.
2.17 If the Company closes or suspends your account for any of the reasons above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Company (together "Claims") arising there from 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).
2.18 In addition, the Company shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your "unauthorized" use of the services/products/ platforms including activities which are not for an authorized purpose.
2.19 Where it is proved that these Terms and Conditions have not been breached, any funds available on the account will be returned to the player should the relationship be terminated by the Company. At all times, any funds deposited by a subscriber /player, do not accrue any interest and as such any refunds made shall not incorporate any interest calculations.
2.20 The Company prohibits and takes measures to prohibit use of devices, such as robots, computers that distort normal and fair game play. Should the use of such electronic added devices be discovered, the Company will disqualify such player(s), close all such accounts and confiscate all funds and earnings due to such accounts. In any such suspected circumstance, the Company will report the activity to the appropriate authority and the player may suffer the consequences thereto.
3 DEPOSITS, TRANSFER AND WITHDRAWALS.
3.1 For all deposits, the Number of the depositor must be identical to the mobile phone number registered on the Company account receiving the funds i.e. the registered account. If this is not the case, the deposit will be rejected and the funds returned to the depositor mobile number, from which they came from. Any charges levied by the Mobile Operators payment gateways (MPesa) will be deducted from the player's account. You should only deposit money in your account for the purposes of you using such money to place bets/wagers on the games/player platforms. We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing money without any intention to place bets/wagers. You may only bet/wager with the amount of cleared funds held in your account.
3.2You can at any time log in to your account and view a statement which would show all transactions made, namely deposits, bonus credits, winnings, bets and withdrawals. Should you notice any mistakes you should immediately notify the Company via written or electronic notice. Such anomaly once confirmed, will be rectified by the company in the shortest time possible at no cost to you.
3.3 You can at any time log in to your account and view a statement which would show all transactions made, namely deposits, bonus credits, winnings, bets and withdrawals. Should you notice any mistakes you should immediately notify the Company via written or electronic notice. Such anomaly once confirmed, will be rectified by the company in the shortest time possible at no cost to you.
3.4 You can withdraw your money any time. We have a number of controls and checks that take place before any withdrawal request is processed and sending back to you SMS with your verification code. These checks are part of our ongoing commitment to maintaining the security of our customers' funds. All withdrawals requests cannot be processed after the expiry of a set period of time (15 minutes) from the withdrawal request being made. Any charges levied by the Mobile Money gateways (MPesa, Airtel Money, YuCash and Orange Money) will be deducted from the players account.
3.5.1 Where possible, all valid withdrawals will be processed to the payment account from which the deposits were validly made. Withdrawal payments can only be made in the name of and to the registered account holder. For most payment types, withdrawals can be processed by following the withdrawal protocol steps provided, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day but withdrawal requests may not exceed:
(a) your particular mobile operator limits;
(b) amounts greater than Kshs 100,000/=, as such may require additional arrangements For full details on each specific payment type, please call customer care.
3.5.2 If the value of a deposit is not played through in full before a withdrawal is requested, the Company reserves the right to make a charge to the customer's account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
3.5.3 The Company may, at any time, set off any positive balance on your account against any amounts owed by you to the Company.
3.5.4 Should you be able to access and use the services of this company from your location which may be outside Kenya, you shall be responsible for reporting your winnings and losses to the tax and/or other authorities as per the existing regulations within in your jurisdiction.