TERMS AND CONDITIONS

TERMS AND CONDITIONS

These Terms and Conditions (hereinafter “Terms”) govern and regulate the relationship between EBET LIMITED trading as  eBet Zambia and its customers. These Terms include, amongst others, important provisions concerning the conditions under which a customer may establish and operate a betting account with  eBet Zambia, as well as restrictions and conditions which will apply to the relationship between the parties and the various betting transactions and products which  eBet Zambia offers. It is therefore essential that you read these Terms fully and ensure that you have understood and agree to be bound by them before establishing an account with  eBet Zambia. 

 

 

1. ELIGIBILITY TO BET

 

1.1.    No person may apply for an account or place a bet with  eBet Zambia or enforce any debt arising out of any such bet unless such person -

 

  1. is a natural person (companies, close corporations and other corporate entities are disqualified from betting);

  2. is at least 18 years of age;

  3. has completed the account application form accurately and in full and has been accepted as an account holder by  eBet Zambia;

  4. is not listed on the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004, and

  5. is not in breach of these Terms and Conditions.

1.2.     Any person who completes the account application form warrants thereby that he/she has read, understood and accepted these Terms and all Rules relating to betting on sporting events or sports or any other lawful contingency published on this Site from time to time; and will be deemed thereby to have made an application requesting  eBet Zambia to 

  1. conclude an agreement in accordance with these Terms for the provision of a betting service on sports, sporting events and any other lawful contingency to such person (hereinafter “the Customer”);

  2. for the purposes of paragraph (i), to open a betting account in the name of the Customer,

which application shall be deemed to have been granted, and the which account shall be deemed to have been opened, if  eBet Zambia informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed account application form.

2.    ACCOUNT OPENING PROCESS AND RELATED INFORMATION

 

2.1.    The Customer warrants that all information provided in the account application form completed by him/her is and shall remain true and correct. The Customer undertakes forthwith, and in writing, to advise  eBet Zambia of any and all matters or changes in details that might have bearing on an approved application or the Customer’s identifying and/or contact details, creditworthiness, legal capacity or continued eligibility as a customer.

 

2.2.     eBet Zambia –

 

(i) reserves the right to –

 

  1. accept an application for a new account;

  2. decline an application for a new account for any reason whatsoever

  3. cease accepting bets from a Customer in its sole discretion for any reason whatsoever, which reason  eBet Zambia shall not be obliged to furnish or disclose to the Customer or any other person, and

(ii) shall decline an application for a new account if –

  1. the account application form has not been completed in full, and/or

  2. the information contained in the account application form is found to be incorrect or subject to a material omission, and/or

  3. any information required to be submitted in conjunction with the application form, or requested by  eBet Zambia prior or subsequent to the submission of the application form is not provided by the applicant in the manner or format or within such timeframes as  eBet Zambia may specify.

 

2.3.    The Customer shall be solely responsible for the safekeeping and proper use of all his/her account details and other information that will enable him/her to place a bet. The Customer undertakes that he/she shall –

 

  1. not apply for or hold more than one account with  eBet Zambia;

  2. not apply for an account in the name of or on behalf of any other person;

  3. use only his/her own account for the purposes of engaging in betting, and

  4. not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, username or personal identification number as is or may be furnished to the Customer by  eBet Zambia from time to time,

 

and  eBet Zambia shall accordingly not be liable to honor any transaction pertaining to any account so held or applied for or to pay out any winnings in respect of any bet so placed. The Customer indemnifies  eBet Zambia against any claims, losses or damages arising from such bets.

 

2.4.    The Customer undertakes to notify  eBet Zambia immediately in the event that the Customer’s account information is lost, stolen, misappropriated, or utilized by someone other than the Customer or the Customer has reason to believe that any of these circumstances has occurred. The Customer shall be liable for all bets placed with  eBet Zambia and any payments made by/to  eBet Zambia in respect of any purchase and/or transaction concluded on the Customer’s account prior to notification in accordance with this clause.

 

2.5.    Once a business relationship has been established with a Customer, an account will be created in the name of the Customer and the Customer will be required to log in to this/her  eBet Zambia account for the purpose of entering into betting transactions with  eBet Zambia, using his/her personalized login details, including a dedicated username and password.

 

2.6.    If there is any difference between the information entered by a Customer at the time of logging in to his/her account, and the information supplied to  eBet Zambia by the Customer at the time of establishing the business relationship, the Customer will not gain access to his/her account and will be required to contact  eBet Zambia for assistance.

 

3.    FICA COMPLIANCE

3.1.     eBet Zambia is bound by the provisions of the Financial Intelligence Centre Act, Act 38 of 2001, as amended (“FICA”), which details the requirements in relation to identity establishment and verification procedures, customer due diligence, the recording and ongoing monitoring of transactions, the retention of records and related matters. All of these requirements have been put in place in order to ensure that the betting services provided by licensed bookmakers such a  eBet Zambia are not unlawfully used as vehicles for money laundering and/or the financing of terrorism or other criminal activities. 

3.2.    Where FICA or its associated regulations and instruments specify such procedures and/or restrictions then  eBet Zambia will operate in accordance with such procedures and/or restrictions. Where FICA does not specify such procedures and/or restrictions, then  eBet Zambia shall implement its own procedures and/or restrictions (subject always to any applicable legislation), so as to promote good corporate governance and socially responsible betting practices. For further information on FICA please log on to www.fic.gov.za. 

3.3.    Where a customer in the retail environment –    

(i)    places an amount of ZMW 5,000 or more on a single bet, or

    (ii)    claims winnings in the amount of ZMW 5,000 or more,

     eBet Zambia will be required under FICA to establish and verify the identity of that client before the transaction can be processed.

3.4.    In the online environment,  eBet Zambia is required by FICA first to establish and verify the identity of all Customers before it may lawfully create a betting account for any such Customer. In such cases, as part of the account registration process, prospective account holders will be required to disclose the following personal and related particulars:

    (i)    Full names;

    (ii)   Identity Number or Passport Number;

    (iii)    Residential Address;

    (iv)    E-mail Address;

    (v)    Mobile and/or landline telephone number(s), and

(vi)    the source of the funds to be used for the purposes of the betting account.

3.5.    No betting account will be created unless the identity of the Customer who applied for the same has been conclusively established and verified by  eBet Zambia.

3.6.    The following procedures will be followed by  eBet Zambia in relation to a Customer in respect of whom proof of identification and residential address is required:

(i)    Where a Customer presents his or her identification document (ID or passport) in person,  eBet Zambia shall make a photocopy of such document on the licensed premises, and verify that the same is a true copy of the original, which shall be filed and retained for record purposes.

(ii)    Where an identification document is transmitted to  eBet Zambia via facsimile transmission or by normal or electronic mail, such documents will be required to be current (unexpired in the case of passports) and certified as true copies of the original.

(iii)    A driver’s license may be accepted as proof of identification, provided that:

  1. The Customer is unable to produce an Identity Document for reasons which are acceptable to  eBet Zambia in the circumstances;

  2. The driver’s license is valid/current (has not expired), and

  3. The driver’s license reflects, on the face thereof –

  • A photograph of the bearer;

  • The full names or initials and surname of the bearer;

  • The date of birth of the bearer, and

  • The Identity Number of the bearer.

(iv)    Utility bills and similar documents submitted as proof of residential address shall be dated no earlier than three (3) months prior to the date of submission to  eBet Zambia thereof.

  1. By completing our online betting account application form, the Customer confirms and irrevocably consents that  eBet Zambia shall be entitled to conduct such identification, credit and other verification and/or screening or security checks (including, but not limited to, verifying the Customer’s source of funds) that  eBet Zambia may choose to perform and/or is required to perform by applicable legislation, any regulatory authority having jurisdiction and/or the Regulator. The Customer further consents that as part of the registration process, and at any time during the period for which the Customer may be the holder of a betting account with  eBet Zambia, it may supply the identifying details and any related particulars provided by the Customer to third-party service providers, including, without limitation, identity verification and/or screening agencies, cellular network providers, financial institutions, credit bureaux and national and/or provincial governmental agencies or statutory bodies.

 

  1. As part of the fulfillment of our obligations under FICA, the Customer may be required, at the time of the registration process, or at any stage during the period for which he/she holds a betting account with  eBet Zambia,  to furnish  eBet Zambia with a copy of his/her identity documents (i.e. a copy of an identity document and/or passport which must be legible and valid), proof of physical address in the nature of a statement/invoice of account (rendered by a City Council or Municipality or a bank in the case of mortgaged property) and proof of bank account details (which statements shall not be older than three (3) months).  eBet Zambia shall advise the Customer which documents it may require for this purpose. Failure on the part of the Customer to provide any such document within the timeframe specified by  eBet Zambia for this purpose –

(i)    if required as part of the registration process, will result in the suspension of the registration process, with no betting account being created for the Customer until such time as the information is provided to the satisfaction of  eBet Zambia, or

(ii)    if required at any stage during the period for which the Customer is the holder of a betting account, will result in the suspension (deactivation) of the betting account until such time as the information is provided to the satisfaction of  eBet Zambia, or the permanent termination of the betting account, in the event that the Customer neglects or refuses to provide the relevant information.

 

  1. As part of the registration process, the Customer will be prompted to select a dedicated user name and secure password in respect of the betting account.

 

  1. Once all required verification procedures have been successfully completed, the betting account will be created, and  eBet Zambia will transmit a message to Customer by email, confirming the establishment of the betting account in the name of the Customer.

 

  1.  eBet Zambia is required to report single cash transactions above ZMW24,999.99 to the Financial Intelligence Center (“FIC”).

3.12.     eBet Zambia is further obliged to make reports to the FIC in the event of –

(i)    Suspicious or unusual transactions, and

(ii)    Transactions entered into by persons suspected of intending to commit or of having committed any offence contemplated in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

3.13.     eBet Zambia reserves the right to suspend any account that has not met FICA requirements.

3.14.     eBet Zambia may at any time request a Customer to produce a hard or soft copy of his/her Identity document or smart card, passport and/or proof of residential address.

 

4.          EVENTS AND CONTINGENCIES ON WHICH BETTING IS OFFERED

 

4.1.      eBet Zambia shall, in its sole discretion, determine the markets, events or contingencies on which betting shall be offered by it; provided that –

 

(i)    Multiple bets are not accepted where the outcome of one part of the bet contributes towards the outcome of another. If the customer inadvertently or deliberately backs a related contingency in a multiple bet, the bet will be voided and the stake returned;

 

(ii)    Any multiple stake made up of more than one selection from the same event will be deemed to be a related contingency, e.g. Stormers to win the semi-final onto Stormers to win the Tournament, and

 

(iii)    Any multiples involving the same team or its players or the same selection will be deemed to be a related contingency.

 

4.2.     eBet Zambia may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.

 

4.3.     eBet Zambia may determine minimum or maximum amounts that a Customer may win or lose in respect of a bet (“stop wins” and “stop losses”), whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.

 

4.4.     eBet Zambia may, in its sole discretion, from time to time offer the opportunity to Customers to place bets during the course of a certain event (“bets in-running”), provided that –

 

  1.  eBet Zambia may not accept bets in-running in respect of an event that forms part of a series of events over a period of time, and

  2. if the relevant event is not televised, no bets in-running shall be offered.

 

4.5.    The nature and extent of any spreads offered by  eBet Zambia shall be determined from time to time at the sole discretion of  eBet Zambia and it shall be the responsibility of the Customer to enquire, before placing a bet, what the ruling spread is.

 

5.    PROCEDURE FOR PLACING BETS

 

5.1.    The Customer shall place his/her bets via the internet, or if using the mobile betting platform, per telephone via the  telephone number furnished by  eBet Zambia from time to time or through such other electronic media as may be made available by  eBet Zambia.

 

5.2.    Irrespective of the origin or physical location of any telephone call or electronic signal pursuant to which bets are struck, any betting transaction between  eBet Zambia and the Customer shall be valid only once such bet has been accepted by an employee of  eBet Zambia situated at a licensed premises operated by  eBet Zambia, or electronically by a software programme operated from any such premises. Any such bet will be deemed to have been placed at such licensed premises.

 

5.3.     eBet Zambia may in its sole discretion elect whether to accept or to reject a bet requested, or any component thereof.

 

5.4.    The Customer authorizes and consents to each telephone conversation or electronic communication relating to any bet placed being recorded by  eBet Zambia  in such a manner as  eBet Zambia deems fit and to retain such recording as long as  eBet Zambia deems necessary. The Customer acknowledges that  eBet Zambia is required to keep such recordings by law and that such recordings may be used by  eBet Zambia for the investigation and resolution of disputes which may arise between itself and the Customer or for any other lawful purpose.

 

5.5.    The Customer shall bear the responsibility of ensuring that the bet is accurately placed and recorded by  eBet Zambia.  eBet Zambia shall furnish such confirmation of a bet to the Customer as may be required by law or reasonably requested by the Customer.

 

5.6.     eBet Zambia shall accept bets during normal South African business hours and at such other times as  eBet Zambia may deem fit.

 

5.7.    The Customer shall be responsible for ensuring that he/she has full knowledge of the rules applicable to the market within which the Customer proposes to place a bet.

 

5.8.    The placement of a bet signifies the Customer’s acceptance of the Rules published by eBet Zambia in respect thereof and of these Terms.

 

5.9.    While  eBet Zambia will endeavor to ensure complete accuracy in relation to the announcement, publication and issue of prices, off-times (starting times of events) and results, it does not accept responsibility for any errors which may arise in this regard and reserves the right to correct any such errors in such manner as it may determine in its sole discretion. The Customer indemnifies and holds  eBet Zambia harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.

 

5.10.    Any bet alleged to have been placed in respect of which the details are not –

 

  1. recorded on or reflected by  eBet Zambia betting terminals or wagering software, or 

  2. confirmed by voice recording devices, 

 

will not be recognized by  eBet Zambia.

 

5.11.    The time of acceptance of a bet shall be the time at which such bet was recorded on  eBet Zambia betting terminals and/or wagering software.

 

5.12.    Any bet accepted after the “off” or starting time of the event on which such bet is struck (other than bets in-running) shall be null and void and of no force or effect.  Any bets taken on results already known at the time of the placement of such bets will be voided/canceled by  eBet Zambia.

 

5.13.    Additional or new markets may be made available by  eBet Zambia from time to time. It is the responsibility of the Customer to read and to accept the "Market Rules" applicable to such markets before placing any bets.

 

6.    PAYMENT BY THE CUSTOMER

 

6.1.    In the account application form, the Customer shall indicate that the Customer wishes to bet against –

 

  1. a cash deposit placed with  eBet Zambia by the Customer from time to time by way of an electronic funds transfer evidenced by a bank generated facsimile transmission or e-mail confirming the amount paid and reflecting the Customer’s account number; 

  2. a cash deposit physically affected by the Customer directly into the banking account of  eBet Zambia, which in all cases must be evidenced by proof of transfer with the customer’s reference to  eBet Zambia per e-mail or

  3. an amount of cash to be drawn by eBet Zambia as a deposit from the Customer’s credit card account. 

 

6.3.    The Customer acknowledges that the deposit referred to in Clause 6.1 will be held and applied as security for the discharge by the Customer of any amount which may become owing by the Customer to  eBet Zambia.

 

6.4.    The Customer shall under no circumstances place a bet or attempt to place any bet the amount of which, calculated together with any other bets then outstanding, exceeds the Customer’s credit balance with  eBet Zambia, or the net amount on deposit with  eBet Zambia (after all adjustments in respect of taxes, winnings and losses up to the time of placing of the bet). It shall be the Customer’s responsibility before placing a bet to determine whether his/her credit balance or cash deposit, as the case may be, will be exceeded by placing a bet.

 

6.5.    If, owing to a system malfunction or for any other reason,  eBet Zambia accepts a bet referred to in Clause 6.4, it shall be entitled at its election either prior to, during or after the outcome of the event or contingency upon which the bet was placed, to honor the bet or to refund the Customer’s stake in respect of the bet without regard to any winnings thereon. Alternatively,  eBet Zambia may restrict the size of any stake without notification to the Customer, to ensure that the credit limit or deposit, as the case may be, is not exceeded.

 

6.6.    Acceptance by  eBet Zambia of a bet over the credit or deposit limit, as the case may be, shall not constitute a waiver of its rights –

 

  1. to collect from the Customer all amounts (including losses) arising from such bet, or

  2. to enforce the appropriate deposit limits at any later time.

 

6.7.     eBet Zambia shall debit the Customer’s betting account in respect of bets accepted by  eBet Zambia on an ongoing basis.

 

6.8.    Credit card deposits may only be made by the cardholder whose name is displayed on the credit card, which must match the name in which the  eBet Zambia betting account is held.

 

6.9.    The Customer shall be entitled to replenish any cash deposit referred to in Clause 6.1(i) at any time.

 

7.    PAYMENT TO THE CUSTOMER

 

7.1.     eBet Zambia shall credit the Customer’s account in respect of winnings and refunds accruing to the Customer in consequence of bets placed on an ongoing basis.

 

7.2.    No interest shall accrue on any deposits held by  eBet Zambia.

 

7.3.    In the event that funds are incorrectly credited to a Customer’s account, it shall be incumbent on the customer to notify  eBet Zambia of the aforesaid error without delay. Unless otherwise notified by  eBet Zambia, any betting transactions concluded by the Customer subsequent to the error shall be void.

 

8.    RECOVERY OF AMOUNTS DUE TO  eBet Zambia

 

8.1.    In the event of a debit balance in the Customer’s account owing to the acceptance of a bet in excess of the credit or deposit limit, the Customer shall, within three (3) business days of a written demand by  eBet Zambia for payment of same, pay to  eBet Zambia such amount either –

 

  1. by depositing the relevant amount directly into the banking account of  eBet Zambia, in which event –

 

  1. the Customer’s account number with  eBet Zambia must be entered onto the base of the deposit slip; and

  2. a copy of the deposit slip must be forwarded to  eBet Zambia by the Customer, or

 

  1. by furnishing  eBet Zambia with written authorisation, in such format as  eBet Zambia shall require, for the recovery by  eBet Zambia of the relevant amount from the Customer’s credit card company.

 

8.2.     eBet Zambia shall not  –

 

  1. under any circumstances whatsoever be liable to the Customer if the Customer’s credit card company refuses to honor any claim lodged by  eBet Zambia against the Customer’s credit card.  No dispute of whatever nature between a Customer and the credit card company shall exempt the Customer from his liability to  eBet Zambia in respect of payment and the Customer shall not be entitled to instruct  eBet Zambia to reverse a payment instruction that has already been made to the Customer’s credit card company;

 

  1. be responsible for –

    1. any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of  eBet Zambia, or 

    2. any damages, loss or expense which the Customer may suffer as a result thereof, and

 

  1. be liable for any loss or damage suffered by the Customer as a result of the unauthorized access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.

 

8.3.     eBet Zambia shall be entitled to recover amounts from the Customers in any of the following circumstances, (but without limitation to same):

(i)    if there is a debit balance in the Customer’s Account owing to the erroneous acceptance of a bet in excess of limit reflected in the Customer’s Account;

(ii)    if  eBet Zambia has in error credited a Customer’s Account through incorrect bet settlement and the Customer has spent all or part of the incorrectly credited amount;

(iii)    if  eBet Zambia has incorrectly allocated funds to a Customer’s Account and the Customer has spent all or part of the incorrectly allocated amount; or

(iv)    if the Customer has placed a bet in contravention of these Terms, and such bet is subsequently adjusted so that the Customer has spent all or part of the adjusted balance, resulting in a negative Account balance.

8.4.     eBet Zambia may at its own discretion from time to time determine the manner in which payments by the Customer to  eBet Zambia shall be appropriated in respect of amounts owing by the Customer to  eBet Zambia.

8.5.    Should any bets be placed with monies mistakenly credited to a Customer’s account,  eBet Zambia reserves the right to void such bets and cannot be held liable for any losses sustained by the Customer in consequence thereof.

8.6.    Notwithstanding anything to the contrary herein contained,  eBet Zambia shall be entitled to set-off any amount(s) due to  eBet Zambia by the Customer against any funds standing to the credit of the Customer’s betting account or to realize any security held by  eBet Zambia and to use the proceeds towards payment of any amount due and payable by the Customer to  eBet Zambia.

 

9.    WITHDRAWAL

 

9.1.    On an ongoing basis,  eBet Zambia shall credit the Customer’s betting account with all winnings and refunds accruing to the Customer in respect of bets placed.

 

9.2.    The Customer shall be entitled to request the withdrawal of funds standing to the credit of his/her  eBet Zambia betting account; provided that the minimum amount which can be withdrawn at any time shall be ZMW or such higher amount as  eBet Zambia may determine from time to time, and the transfer thereof into a chequing, savings or credit card account nominated by him/her for this purpose, by completing a Request for Electronic Transfer of Funds Form, available on the website of  eBet Zambia and submitting same to  eBet Zambia in such manner and format as  eBet Zambia may determine and shall publish on its website from time to time.

 

9.3.    The Customer shall be solely responsible for ensuring the accuracy of the information supplied in any Request for Electronic Transfer of Funds Form and, by his/her signature of such Form, shall warrant the accuracy thereof.  eBet Zambia shall accept no liability for the payment of any amount requested into any banking account based in whole or in part on incorrect information provided by the Customer.

 

9.4.    On receipt of a fully completed Request for Electronic Transfer of Funds Form,  eBet Zambia shall –

 

  1. perform such investigation as may be required to confirm that the amount requested by the Customer, after effecting all deductions or adjustments which may be required, is available to be transferred from the Customer’s  eBet Zambia betting account to the banking account nominated by the Customer for this purpose;

  2. if the requested amount is not available in the Customer’s  eBet Zambia betting account, inform the Customer in such manner as  eBet Zambia may deem fit, that the request has been declined;

  3. in the event that the requested amount is available in the Customer’s  eBet Zambia betting account, effect, within 24 hours of confirming the availability of the amount, the electronic transfer of the requested amount from the  eBet Zambia account of the Customer to the account nominated by the Customer; provided that, for the purposes of this Clause,  eBet Zambia shall be deemed to have fully complied with its obligation to effect such transfer at the time of giving the instruction to its bankers to effect such transfer and the 24-hour period contemplated in this Clause shall not include such further period as may elapse before the requested amount is deposited into the banking account nominated by the Customer for this purpose, and

  4. immediately reduce the balance standing to the credit of the  eBet Zambia betting account of the Customer by the amount so transferred.

9.5.    Amounts withdrawn shall be paid only into a South African-based banking account in the name of the Customer.

 

9.6.    Any withdrawal requested by a Customer may be withheld by  eBet Zambia pending payment by the Customer to  eBet Zambia of all monies owing to it by the Customer.

 

9.7.    Prior to releasing any funds out of the betting account,  eBet Zambia may require the Customer to upload proof of his/her banking account details, issued by the relevant bank. Where required,  eBet Zambia may perform an online proof-of-banking verification, in order to confirm that the account to which withdrawals from the betting account will be transferred is an account in the name of the Customer.

 

9.8.    Before any withdrawals are processed,  eBet Zambia may request the Customer to upload a valid form of identification, e.g. a copy of a valid ID document and/or passport, driver’s license or any other valid documentary form of identification. As a result of these checks, there may be a short delay in the processing of the withdrawal.  eBet Zambia reserves the right, in its sole discretion, to determine which forms of identification shall be accepted. If a Customer has deposited funds via credit cards or Instant EFT or has requested a withdrawal to be paid into a credit card or cheque account,  eBet Zambia may request copies of both the front side and the back side of the relevant card.

 

9.9.    Subject to 9.7 and 9.8,  eBet Zambia will process withdrawal requests on the business day following the date of the withdrawal request, i.e. all requests made before midnight on a Monday will be processed on Tuesday of the same week, and any withdrawal requests made between Friday and midnight on the Sunday of the same week will be processed on the next succeeding Monday.

 

9.10.    Any amount transferred into the Customer’s banking account by  eBet Zambia pursuant to this Clause may be subject to a clearance period before becoming available to the Customer.

 

9.11.    Any free bets, bonuses or winnings credited to the betting account of a Customer in error may not be used by the Customer, and, in such cases,  eBet Zambia may void any transactions performed by the Customer using such funds and/or withdraw the relevant amount from the Customer’s betting account, whether at the time that the transactions take place, or subsequently when it becomes aware of such error.

 

9.12. Withdrawal limits are limited to ZMW 15,000.00 per day, excluding Jackpot payouts which shall be paid out manually.

 

10.    ADJUSTMENTS

 

10.1.     eBet Zambia may at any time adjust or cancel the Customer’s credit limit.

 

10.2.    Notwithstanding anything to the contrary herein contained,  eBet Zambia shall be entitled to set-off any amount(s) due by the Customer against any funds standing to the credit of any of the customer’s accounts with  eBet Zambia or to realize any security held by  eBet Zambia and to use the proceeds towards payment of any amount due by the Customer to  eBet Zambia.

 

11.    PROOF OF INDEBTEDNESS

 

11.1.    For all purposes of these Terms, a certificate signed by any director, manager, assistant manager, trader or accountant of  eBet Zambia (whose appointment need not be proved) stating the amount of the Customer’s indebtedness to  eBet Zambia, shall be prima facie proof of such indebtedness.

 

 

12.    MONITORING OF BETTING ACCOUNT ACTIVITY

 

12.1.     eBet Zambia is both entitled and legally obliged to monitor all customer betting account activity for irregular or unlawful activity and suspicious or unusual betting account management. Any such activity may result in the immediate termination of a Customer’s betting account.

 

12.2.     eBet Zambia may withhold the payment of winnings and/or declare bets on an event void and/or immediately terminate a Customer’s betting account if there is evidence –

(i)    of the misuse or abuse by the Customer of bugs, glitches or errors of the  eBet Zambia betting services accessed via its website (“the Services”);

(ii)    of the use by the Customer of bots or any other form of artificial intelligence;

(iii)    that the Customer has hacked, attacked or abused the Services or any servers, software or other components of the Services;

(iv)    that the Customer has used VPNs or other software to circumvent any geographic limitations applicable to the Services;

(v)    that the Customer has participated in, aided or facilitated criminal, fraudulent and/or illegal activity of any kind;

(vi)    that the integrity of the event on which betting has been struck is called into question;

(vii)    that the odds or prices in respect of an event of which betting has been struck have been improperly manipulated;

(viii)    that match rigging, collusion, match fixing, cheating or other unethical activity has taken place, and/or

(ix)    that the Customer is prohibited from engaging in betting by any term of his/her employment contract, any law or any rule of a sporting governing body applicable to the Customer.

13.    TAXES AND LEVIES

 

13.1.    All winning bets are subject to taxes and levies imposed by the provincial government .  Taxes and Levies shall be retained by  eBet Zambia and paid over on behalf of the player.

 

14.    TERMINATION

 

14.1.     eBet Zambia shall have the right prior to accepting any bet, temporarily to suspend or permanently to terminate, the furnishing of betting services to a Customer without providing any reason.  Upon such suspension or termination –

 

  1.  eBet Zambia shall upon the demand of the Customer, refund to the Customer the balance of any monies held by  eBet Zambia on deposit for the Customer, after adjusting for losses, winnings and taxes and once such funds have been cleared into  eBet Zambia’s banking account;

  2. any amounts owing by the Customer to  eBet Zambia shall become payable immediately.

14.2.    The Customer shall upon written notice be entitled to terminate its contractual relationship with  eBet Zambia at any time after final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to  eBet Zambia.  eBet Zambia shall within a reasonable time after such termination, refund to the Customer the balance of any monies held by  eBet Zambia on deposit for the Customer, after adjusting for losses, winnings and taxes.

14.3.     eBet Zambia shall accept no further bets from a Customer in respect of whom the provision of services pursuant to these Terms has been terminated, unless and until a fresh account application form has been submitted by the Customer and accepted by  eBet Zambia.

15.    BREACH

15.1.    Should the Customer breach any of these Terms and fail to remedy such breach within 48 hours after receipt of written notice by  eBet Zambia requiring the Customer to do so,  eBet Zambia shall be entitled, without prejudice to any other rights it may have at law, forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer.  In such event –

(i)    all amounts owing by the Customer to  eBet Zambia shall become payable immediately;  and

(ii)     eBet Zambia shall have a lien and right of retention over all monies of the Customer on deposit with  eBet Zambia, pending settlement of such damages as may have been suffered by  eBet Zambia.

15.2.    Notwithstanding the generality of the aforegoing, the Customer shall be deemed to be in default if –

(i)    the Customer commits any act of insolvency;

(ii)    the estate of the Customer is sequestrated;

  1. the Customer endeavors to compromise generally with his/her creditors;

  2. the Customer’s name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.

15.3.    The Customer shall be liable for any legal expenses (including legal expenses on a client-attorney scale, collection charges and tracing fees) as well as any amount     governmental tax including but not limited to value-added tax, which  eBet Zambia may incur in recovering any amounts owing in respect of the Customer’s account or a result of the Customer’s breach of any of the Terms or the enforcement by  eBet Zambia of any of its rights against the Customer.

16.    RESTRICTIONS ON BETTING

16.1.    No directors, employees, partners or affiliates of  eBet Zambia are permitted to place any bets or hold a betting account with  eBet Zambia.

16.2.    No person who in any manner participates in an event on which betting is offered by  eBet Zambia may place a bet on any such event with  eBet Zambia.

16.3.    Any bets placed and/or erroneously accepted in contravention of Clauses 15.1 or 15.2 shall be declared void and canceled.

16.4.    "Syndicate Betting" is strictly prohibited by  eBet Zambia. Syndicate Betting refers to a situation in which a group of persons acts together for the purposes of placing a bet or series of bets on the same event or market.  eBet Zambia reserves the right to void all bets in relation to such Syndicate Betting and to withhold payment of winnings, pending the outcome of temporarily or permanently, pending the conduct of (and contingent upon the outcome of) an investigation.

16.5.    The default payouts limit for winnings are limited to ZMW 15,000.00 per day per customer. Jackpot based games have their own respective jackpots payouts and are limited to one payout per customer per draw. These Jackpot limits are for: Soccer Virtual 5: ZMW 5,000.00, Soccer Virtual 10: ZMW 50,000.00, Soccer Virtual 13: ZMW 100,000.00, Soccer Predictor ZMW 50,000.00.

17.    VOID BETS

17.1.     eBet Zambia reserves the right to declare any bet wholly or partially void, if any such bet-

    (i)    has been offered, placed or accepted as the result of an error;

(ii)    has been accepted in circumstances in which such bet would not ordinarily have been accepted, e.g. owing to technical problems occurring in relation to the operation of  eBet Zambia’s website;

(iii)    has been placed in consequence or in the process of Syndicate Betting;

(iv)    has been struck in relation to an event of which the result was unlawfully determined or influenced by unlawful conduct;

  1. has been struck in relation to an event in respect of which a subsequent announcement has been made which significantly alters the prevailing odds in respect of such bet, or

(vii)    any other state of affairs beyond the control of  eBet Zambia has arisen subsequent to the placement and acceptance of such bet, which materially affects the conduct of the event on which it was struck or the prevailing odds available in respect thereof, including acts of God, a national, provincial or global state of emergency, an epidemic or pandemic, or any other similar phenomenon.

17.2.     eBet Zambia may void a bet at any stage, irrespective of whether the event in respect of which such bet was struck has been settled or not.

17.3.    If a bet is voided, the amount staked shall be returned to the Customer.

17.4.    In the case of a scratched selection in a single bet, the bet shall be void, except where the bet was an ante-post bet.

17.5.    In the case of an invalid selection and subsequent scratching in a multiple or combination bet, the selection shall be ignored, and the stake shall run onto the other selection in the bet at the price indicated on the ticket issued. These calculations are to be done at “Full Accumulative Multiple” odds.

17.6.     eBet Zambia reserves the right to withhold payment and/or to declare bets void on an event (or series of events), if there is sufficient evidence that –

    (i)    The integrity of the event has been called into question;

    (ii)    The price(s) or pool have been manipulated, or

(iii)    Match-rigging or fixing has taken place, or the event is under investigation as the result of an allegation to that effect.

 

 

18.    ERROR

18.1.     eBet Zambia reserves the right, in its sole discretion, to adjust, limit, cancel and/or reject any bet found to have been accepted in error.

18.2.    If an official correction is made in respect of any price on any event that had previously been incorrectly transmitted, all bets struck at that original price shall be settled at the corrected price.

18.3.    Should any odds in respect of a bet or event have been misstated – 

(i)    as a result of a system or computer malfunction, or 

(ii)    in consequence of any other error, in circumstances where it is clear that the odds so stated have been skewed, when compared with the odds prevailing in the greater market,

the bet or event will be deemed to have taken place on the correct price/s which were available in the general market at the time the bet was struck.

19.    LIMITATION OF LIABILITY

19.1.    The liability of eBet Zambia to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of the negligence of eBet Zambia or that of its servants, agents or subcontractors, shall in any event and under all circumstances be limited – 

in the event of damages relating to a bet, to the amount staked by the Customer in respect of such bet; or

in respect of the account of the Customer with eBet Zambia, to the credit balance of such account at the time during which the damages are alleged to have occurred, after full adjustment for winnings, losses and taxes.

19.2.    To the fullest extent provided by law and notwithstanding any other provisions in these Terms, eBet Zambia shall under no circumstances whatsoever be liable for any loss of profits, winnings or potential profits or winnings or any indirect or consequential damages sustained by the Customer, whether or not caused by the negligence of eBet Zambia, its agents or employees.

19.3.        Insofar as any of the obligations of eBet Zambia under these Terms are carried out by any its servants, agents, sub-contractors, associates or subsidiaries, the provisions of Clauses 19.1 and 19.2 shall apply mutatis mutandis and each of them shall be exempted accordingly.

19.4.     eBet Zambia shall not be liable if the Customer is unable to place a bet due to congestion or interference on the telephone lines, telephone system, telephone exchange, or any other electronic communication media used for the purposes of betting.

19.5.        Any acts of God, war, strike, lock-out or other labor dispute, fire, flood, explosion, the enactment, amendment or repeal of legislation, failure of electricity or any other supplies, failure of telecommunications, failure, theft or default of any computer hardware or software or any other equipment, epidemic or pandemic or any other similar or different cause beyond the reasonable control of eBet Zambia leading to the cessation and/or restriction of the operations of eBet Zambia, shall entitle eBet Zambia to postpone its obligations to the Customer in whole or in part, and in such event eBet Zambia shall not be responsible for any damages of any nature suffered by the Customer, whether directly or indirectly, as a result thereof and the Customer shall not be entitled to terminate its contractual relationship with eBet Zambia as a result of any such occurrence.

19.6.     You agree that you make use of eBet Zambia services at your own risk and assume all responsibility for your use of the services. Except where expressly provided otherwise, the website, all content provided on or through the eBet Zambia website, and eBet Zambia services are provided on an “as-is” basis.

19.7.      eBet Zambia shall not be responsible for –

(i)    any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of eBet Zambia;

(ii)    any damages, loss or expense which the Customer may suffer as a result thereof, and

(iii)    any loss or damage suffered by the Customer as a result of the unauthorized access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.

19.8.     The Customer specifically indemnifies eBet Zambia, its employees, officers, directors and any and all associated or affiliated persons or organizations against any and all costs, expenses, liabilities and damages arising from any legal or other action either taken arising from any and all interactions with eBet Zambia and/or its employees, officers, directors and any and all associated or affiliated persons or organizations. Such legal or other action shall include (but not be limited to) any legal or similar action that arises or may be taken in relation to the alleged unlawfulness of interactive and/or online gambling or gaming within any jurisdiction in which the Customer is located.

 

20.    DISCLOSURE OF INFORMATION AND PRIVACY

 

20.1.    The Customer consents to checks being made against appropriate third-party databases to verify identity, personal details and/or credit card information, and/or any other information supplied by the Customer in respect of which eBet Zambia deems it necessary to procure independent verification. The parties with which eBet Zambia contracts for the verification of information may keep records of all data requests and data submitted to them by eBet Zambia.

20.2.    The Customer acknowledges that eBet Zambia may be legally required to, and in such cases shall, disclose to any governmental bodies or regulatory agencies, information pertaining to the identity and personal particulars of the Customer, betting account of the Customer and the activity on such account.

 

 

 

21.    DISPUTES

21.1.    In the event that a dispute arises between a Customer and eBet Zambia in relation to the liability of eBet Zambia to pay alleged winnings to the Customer, and that dispute cannot be resolved between the parties, the dispute may be referred to the Western Cape Gambling and Racing Board (“the Board”) for resolution.

21.2.     eBet Zambia will inform the Customer that the dispute will be referred to the Board, and shall refer such dispute to the Board within forty-eight (48) hours of having so informed the Customer.

21.3.    The Customer may however, of his or her own volition, refer a patron dispute to the Board for resolution.

21.4.    The Board shall conduct an investigation into the matter and shall thereafter resolve the dispute and communicate the outcome to the parties.

21.5.    If either eBet Zambia or the Customer is not satisfied with the resolution of the Board, such party may file a petition with the Board to hold a hearing to reconsider the resolution.

21.6.    If either eBet Zambia or the Customer is not satisfied with the resolution of the Board, such party may file a petition with the Board to hold a hearing to reconsider the resolution.

21.7.    The Board shall hold such a hearing and shall determine whether the original resolution of the dispute should be confirmed, set aside or amended in any way.

21.8.    The option to refer a dispute to the Board for resolution shall in no way supersede or supplant any party’s right to have a dispute adjudicated upon by a court of competent jurisdiction.

21.9.    The parties hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act of 1994 (or any similar act replacing the act) for the purposes of any proceedings in terms of or incidental to this Agreement, provided that any parties, at its option, shall have the right to institute proceedings in any division of the High court having jurisdiction and any costs incurred by the successful party to such proceedings shall be faxed accordingly to the tariff scale applicable to the High Court.

 

22.    EXCLUSION FROM BETTING ACTIVITY

 

22.1.    The Customer may, at any time, request that he/she be temporarily or permanently excluded from further participation in betting, and therefore use of the Services.

22.2.    If the Customer self-excludes, he/she is obliged to advise eBet Zambia in writing of such self-exclusion, whereupon eBet Zambia will immediately close the relevant betting account.

 

23.    GENERAL TERMS & CONDITIONS

 

23.1.    The residential address furnished by the Customer on the account application form shall serve as his/her domicilium citandi et executandi for all purposes in respect of these Terms.

23.2.    The physical address reflected in respect of eBet Zambia on its website, as amended from time to time, shall serve as its domicilium citandi et executandi for all purposes in respect of these Terms.

23.3.    The Customer shall have the right to change its domicile by giving one week’s prior written notice to eBet Zambia of its change of address.

23.4.    Any notice given in terms of Clause 24.3 which:

(i)    is delivered by hand to an officer or manager of the eBet Zambia during the normal business hours of the addressee at its domicilium citandi et executandi, shall be deemed to have been received by eBet Zambia at the time of delivery; or

(ii)    is posted by prepaid registered post to eBet Zambia at its domicilium citandi et executandi, shall be deemed to have been received by on the seventh day after the date of posting; or

(iii)    is transmitted by telefax or e-mail to eBet Zambia at its domicilium citandi et executandi, shall be deemed to have been received on the date reflected on the facsimile or e-mail transmission confirmation generated by the addressor’s facsimile machine or e-mail server.

23.5.     eBet Zambia may at any time amend, replace or delete any of the Terms contained herein and shall at all times ensure that current Terms are available on its website. It shall be the responsibility of the Customer to ensure that he/she is familiar with the prevailing Terms in force from time to time and the availability thereof on the website of  eBet Zambia shall constitute sufficient notice thereof to the Customer and shall bind the Customer as if it had expressly agreed to be bound thereby.

23.6.    Any relaxation or concession or extension granted by  eBet Zambia to the Customer shall not be and shall not be deemed to be a novation or waiver of any of  eBet Zambia’s rights as set forth in these Terms.

23.7.     eBet Zambia is entitled to supply, request or acquire any relevant credit, account-related or other information pertaining to the Customer and his account with  eBet Zambia to or from –

        (i)    a credit bureau; 

        (ii)    any bank or regulatory agency, or any other person or entity,

Should  eBet Zambia deem it necessary to supply, request or acquire said information for verification or other purposes, and the Customer shall have no right of recourse against  eBet Zambia by reason thereof.

23.8.        The Terms set forth herein constitute the whole agreement between  eBet Zambia and the Customer and no agreements, representations or warranties, other than those set out herein, shall be of any force or effect.

23.9.      No addition to, variation, consensual cancellation or novation of any of the terms set forth herein and no express or implied waiver of any of the rights arising therefrom shall be of any force and effect unless reduced to writing and signed by  eBet Zambia and the Customer or their duly authorized representatives.

23.10.      Any promissory note, bill of exchange, or other negotiable instrument received by  eBet Zambia from the Customer shall not be a novation of the debt in respect which it is given, and the Customer waives any remedies provided for by law in respect thereof.

23.11.  The results of any match will be decided with reference to the official match results of the league or tournament in question. Should such results be changed for any reason, the updated result will be recognised for the purposes of payment.

23.12.    Should a Customer deposit funds by means of a credit card or debit card, the Customer shall be required to send  eBet Zambia a copy of the front of the card against which such deposit has been made. Failure by the Customer to do this will result in failed withdrawal requests.

23.13.    Any bet placed by the Customer shall be governed by the applicable provisions and any Regulations and Rules made in terms thereof, as amended from time to time, to which links are posted on the  eBet Zambia website. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.

23.14.    The Customer undertakes to ensure strict adherence to any policy, guideline or directive issued by the Gambling Board relating to the Customer or to betting generally.

23.15.      These Terms and the contractual relationship between the Customer and  eBet Zambia shall be governed by the laws of Swaziland.

23.16.     If the Customer places a bet from a location falling outside the Mozambique Monetary Area, 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 Customer to ensure full compliance with the same  eBet Zambia makes no warranties and shall not be liable to the Customer if it is not able to remit any monies held by it to any account held by the Customer in a foreign jurisdiction.

23.17.    Although every effort is made to ensure that the information displayed on our website regarding any event is accurate and complete, such information should be used as a guide only. In the event that any information regarding an event (e.g. score, starting time of event etc.) is incorrect, we assume no liability for this. The official site for the sport in question should be referred to in the event of any dispute in this regard.

 

24.    REFUND POLICIES

 

24.1.    Wager cancellations and refunds will automatically be paid by  eBet Zambia to the Customers wallet when a multi-bet or single bet has an event that has been canceled or delayed for an indeterminate period of time. All other cancellations will be voided on the sole discretion of the company.

24.2    Any Customer requesting for refund due to unauthorized transactions or other fraudulent use of the  eBet Zambia system, it will be considered on a case by case basis. In any case where refund claims of fraudulent transactions are received, eBet Zambia reserves the right to freeze or cancel any doubtful account(s).

 

If you have any further questions about this Refund Policy, Customers can always contact eBet Zambia by sending an email to [email protected]