TERMS AND CONDITIONS

These Terms and Conditions (hereinafter "Terms") govern and regulate the relationship between EBET PTY LTD as eBet 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, as well as restrictions and conditions which will apply to the relationship between the parties and the various betting transactions and products which eBet 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.

  1. ELIGIBILITY TO BET

1.1. No person may apply for an account or place a bet with eBet 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;

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

(v) 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 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 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 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 -

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 shall not be obliged to furnish or disclose to the Customer or any other person, and

  1. 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 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 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;

  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 from time to time,

and eBet shall accordingly not be liable to honour 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 against any claims, losses or damages arising from such bets.

2.4. The Customer undertakes to notify eBet 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 and any payments made by/to eBet 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 account for the purpose of entering into betting transactions with eBet, using his/her personalised 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 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 for assistance.

3. FICA COMPLIANCE

3.1. eBet 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 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 will operate in accordance with such procedures and/or restrictions. Where FICA does not specify such procedures and/or restrictions, then eBet 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 LSL5,000 or more on a single bet, or

(ii) claims winnings in the amount of LSL5,000 or more,

eBet 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 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) Lesotho 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.

3.6. The following procedures will be followed by eBet 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 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 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 licence 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 in the circumstances;

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

  3. The driver's licence 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 thereof.

  1. By completing our online betting account application form, the Customer confirms and irrevocably consents that eBet 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 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, 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 fulfilment 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, to furnish eBet 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 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 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, 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, 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 will transmit a message to Customer by email, confirming the establishment of the betting account in the name of the Customer.

  1. eBet is required to report single cash transactions above LSL24,999.99 to the Financial Intelligence Centre ("FIC").

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

3.14. eBet 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 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 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 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 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 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 shall be determined from time to time at the sole discretion of eBet 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 from time to time or through such other electronic media as may be made available by eBet.

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 and the Customer shall be valid only once such bet has been accepted by an employee of eBet situated at a licensed premises operated by eBet, 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 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 in such a manner as eBet deems fit and to retain such recording as long as eBet deems necessary. The Customer acknowledges that eBet is required to keep such recordings by law and that such recordings may be used by eBet 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. eBet 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 shall accept bets during normal South African business hours and at such other times as eBet 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 in respect thereof and of these Terms.

5.9. While eBet will endeavour 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 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 betting terminals or wagering software, or

  2. confirmed by voice recording devices,

will not be recognized by eBet.

5.11. The time of acceptance of a bet shall be the time at which such bet was recorded on eBet 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/cancelled by eBet if bet type is a single bet. With regards to multi-bets, the bet will stand excluding the odds for the event that have been voided.

5.13. Additional or new markets may be made available by eBet 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 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, which in all cases must be evidenced by proof of transfer with the customer's reference to eBet per e-mail or

  3. an amount of cash to be drawn by eBet 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.

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, or the net amount on deposit with eBet (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 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 honour the bet or to refund the Customer's stake in respect of the bet without regard to any winnings thereon. Alternatively, eBet 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 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 shall debit the Customer's betting account in respect of bets accepted by eBet 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 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 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.

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 of the aforesaid error without delay. Unless otherwise notified by eBet, any betting transactions concluded by the Customer subsequent to the error shall be void.

8. RECOVERY OF AMOUNTS DUE TO eBet

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 for payment of same, pay to eBet such amount either -

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

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

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

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

8.2. eBet shall not -

  1. under any circumstances whatsoever be liable to the Customer if the Customer's credit card company refuses to honour any claim lodged by eBet 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 in respect of payment and the Customer shall not be entitled to instruct eBet 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, 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 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 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 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 may at its own discretion from time to time determine the manner in which payments by the Customer to eBet shall be appropriated in respect of amounts owing by the Customer to eBet.

8.5. Should any bets be placed with monies mistakenly credited to a Customer's account, eBet 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 shall be entitled to set-off any amount(s) due to eBet by the Customer against any funds standing to the credit of the Customer's betting account or to realize any security held by eBet and to use the proceeds towards payment of any amount due and payable by the Customer to eBet.

9. WITHDRAWAL

9.1. On an ongoing basis, eBet 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 betting account; provided that the minimum amount which can be withdrawn at any time shall be LSL. (Lesotho Lilangeni amount in words) or such higher amount as eBet 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 and submitting same to eBet in such manner and format as eBet 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 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 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 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 betting account, inform the Customer in such manner as eBet may deem fit, that the request has been declined;

  3. in the event that the requested amount is available in the Customer's eBet betting account, effect, within 24 hours of confirming the availability of the amount, the electronic transfer of the requested amount from the eBet account of the Customer to the account nominated by the Customer; provided that, for the purposes of this Clause, eBet 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 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 pending payment by the Customer to eBet of all monies owing to it by the Customer.

9.7. Prior to releasing any funds out of the betting account, eBet may require the Customer to upload proof of his/her banking account details, issued by the relevant bank. Where required, eBet 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 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 licence 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 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 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 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 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 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 LSL 15,000.00 per day, excluding Jackpot payouts which shall be paid out manually.

10. ADJUSTMENTS AND CREDIT LIMITS

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

10.2. Notwithstanding anything to the contrary herein contained, eBet 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 or to realize any security held by eBet and to use the proceeds towards payment of any amount due by the Customer to eBet.

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 (whose appointment need not be proved) stating the amount of the Customer's indebtedness to eBet, shall be prima facie proof of such indebtedness.

12. MONITORING OF BETTING ACCOUNT ACTIVITY

12.1. eBet 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 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 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 and paid over on behalf of the player.

14. TERMINATION

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

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

14.2. The Customer shall upon written notice be entitled to terminate its contractual relationship with eBet 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. eBet shall within a reasonable time after such termination, refund to the Customer the balance of any monies held by eBet on deposit for the Customer, after adjusting for losses, winnings and taxes.

14.3. eBet shall accept no further bets from a Customer in respect 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.

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 requiring the Customer to do so, eBet 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 shall become payable immediately; and

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

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 endeavours 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 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 of any of its rights against the Customer.

16. RESTRICTIONS ON BETTING

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

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

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

16.4. "Syndicate Betting" is strictly prohibited by eBet. 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 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 LSL 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: LSL 5,000.00, Soccer Virtual 10: LSL 50,000.00, Soccer Virtual 13: LSL 100,000.00, Soccer Predictor LSL 50,000.00.

17. VOID BETS

17.1. eBet 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'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 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 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, cancelled or postponed, the amount staked shall be returned to the Customer if bet type is a single bet. With regards to multi-bets, the bet will stand excluding the odds for the event that have been voided.

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 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.             

17.7. eBet uses MTS risk management services by Betradar, bets that have been automatically voided from an expired market means that the market was closed moments before the bet was place and that market can not be accepted.

18. Abandoned Matches

18.1. If a match is abandoned after it has already kicked off, any bets where the outcome has already been decided e.g. half-time result or first team to score will stand. All other bets will be made void regardless of the score-line at the time of abandonment. Abandoned games will be deemed to be games which do not reach their natural conclusion by midnight local time. Games where a referee removes the players from the field of play for a temporary period, but resumes the remaining minutes of play by midnight local time will not be deemed as abandoned.

19. ERROR

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

19.2. 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.

19.3. 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 int 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.

20. LIMITATION OF LIABILITY

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

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

  2. in respect of the account of the Customer with eBet, 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.

20.2. To the fullest extent provided by law and notwithstanding any other provisions in these Terms, eBet 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, its agents or employees.

20.3. Insofar as any of the obligations of eBet 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.

20.4. eBet 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.

20.5. Any acts of God, war, strike, lock-out or other labour 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 leading to the cessation and/or restriction of the operations of eBet, shall entitle eBet to postpone its obligations to the Customer in whole or in part, and in such event eBet 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 as a result of any such occurrence.

20.6. You agree that you make use of eBet 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 website, and eBet services are provided on an "as-is" basis.

20.7. eBet 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;

(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.

20.8. The Customer specifically indemnifies eBet, its employees, officers, directors and any and all associated or affiliated persons or organisations 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 and/or its employees, officers, directors and any and all associated or affiliated persons or organisations. 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.

21. DISCLOSURE OF INFORMATION AND PRIVACY

21.1. 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 deems it necessary to procure independent verification. The parties with which eBet contracts for the verification of information may keep records of all data requests and data submitted to them by eBet.

21.2. The Customer acknowledges that eBet 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.

22. DISPUTES

22.1. In the event that a dispute arises between a Customer and eBet in relation to the liability of eBet 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.

22.2. eBet 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.

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

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

22.5. If either eBet 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.

22.6. If either eBet 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.

22.7. 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.

22.8. 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.

22.9. 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.

23. EXCLUSION FROM BETTING ACTIVITY

23.1. 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.

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

24. GENERAL TERMS & CONDITIONS

24.1. 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.

24.2. The physical address reflected in respect of eBet 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.

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

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

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

(ii) is posted by prepaid registered post to eBet 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 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.

24.5. eBet 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 shall constitute sufficient notice thereof to the Customer and shall bind the Customer as if it had expressly agreed to be bound thereby.

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

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

(i) a credit bureau;

(ii) any bank or regulatory agency, or

  1. any other person or entity,

should eBet 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 by reason thereof.

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

24.9. 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 and the Customer or their duly authorised representatives.

24.10. Any promissory note, bill of exchange, or other negotiable instrument received by eBet 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.

24.11. 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.

24.12. Should a Customer deposit funds by means of a credit card or debit card, the Customer shall be required to send eBet 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.

24.13. 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 website. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.

24.14. 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.

24.15. These Terms and the contractual relationship between the Customer and eBet shall be governed by the laws of Lesotho.

24.16. If the Customer places a bet from a location falling outside the Lesotho 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 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.

24.17. 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.

25. REFUND POLICIES

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

25.2 Any Customer requesting for refund due to unauthorized transactions or other fraudulent use of the eBet system, it will be considered on a case by case basis. In any case where refund claims of fraudulent transactions are received, eBet 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

by sending an email to [email protected]

25.3 Ebet has the right to change these terms from time to time.

25.4 The Company has the right to cancel any player's wager which is related to an invalid payout made in error from any 3rd party supplier due to any technical error or any odds miscalculation. The Company may, at its sole discretion, claim a full or partial refund from the player of any payment made to the player due to such errors.

26. BETTING RULES & PROCEDURES

While we will endeavour to ensure complete accuracy in relation to the announcement, publication and issue of prizes, results and other relevant information, we do not accept responsibility for any errors which may arise in the process but we reserve the right to correct any errors in any appropriate manner. The player indemnifies and defends Ebet against any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.

A bet is not valid until we issue a confirmation before the betting event. All bets that have not been confirmed by us before the start of the betting event will be considered void unless in our absolute discretion we accept the bet.

A bet shall be deemed to be void if the required stake is not transmitted in full before the event commences, unless (in our absolute discretion) we accept the bet subject to authorization.

Bets will only be accepted up to the advertised start time. Any bet that is inadvertently accepted, including in relation to an event after its start time, will be cancelled. If any portion of a multiple bet is inadvertently accepted then all parts of that multiple bet will be cancelled. Bets placed after the final event result is known will be voided. Bets on events that have started will be void unless it is a live-betting event.

Should there be a dispute over the start time of an event where an official starting time is not given by that sport's governing body, then the time that we determine the event to have started and the time at which the bet was placed, according to our records, will be conclusive evidence in the settlement or non-settlement of all bets in respect of that event.

Bets may not be cancelled or changed once the bet has been placed and acceptance of the bet has been confirmed by us.

It is your responsibility to understand the betting and gaming terminology used on our website and the mechanism of any bet types that you select. If you have any queries as to how certain bet types work, please contact our customer support before placing any such bet. We cannot accept any responsibility in the event that you place a bet which you do not fully understand.

A number of bets may be treated as being one when a customer places multiple copies of the same bet. When this occurs all bets may be voided apart from the first bet struck.

Where there is evidence that a series of bets each containing the same or identical selections have been placed by or for the same individual or syndicate or individuals, Ebet reserves the right to void such bets.

If you have played in a professional capacity, or in tandem with other players as part of a club, group, etc., or placed bets in a coordinated manner with other players involving the same or identical selections; in this instance we further reserve the right, in our sole discretion, to restrict the total maximum pay-out for the combined total of any such bets, to the equivalent of the maximum payout limits permitted for a single customer as we may provide from time to time. The Service is for sole use on an individual basis and for personal entertainment only.

Accumulative or multiple bets are not accepted where the outcome of one part of the bet contributes to the outcome of another.

It is a condition of your use of the Service that you represent that

You are not prohibited from entering into the bet by any term of your contract of employment or any rule of a sports governing body, which applies to you

You are not aware of any circumstance which would make the placing of the bet a breach of a rule on betting applied by a sports governing body

Where the bet is placed on the outcome of a race, competition or other event or on the likelihood of anything occurring, you do not know the outcome of the event or have not been involved in any circumstances which might affect its potential outcome

If we become aware or suspect that any such representation by you is or may 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 relevant placed bet.

The outcome of a bet is based on the result achieved on the field at the end of the betting event. Unless we state otherwise, the betting event is deemed to end after the Regular Time. Regular Time is defined for this purpose as the scheduled 90 minutes of play, or, in the case of events such as under-17 or under-16 which are ordinarily scheduled to end after 80 minutes, the scheduled 80 minutes of play; the Regular Time includes any added injury or stoppage time but does not include extra-time, time allocated for a penalty shootout or a golden or silver goal. Any decisions made after the betting event by disciplinary, sports or legal bodies and affecting or amending the result achieved on the game field will not be taken into consideration.

Unless otherwise stated for any specific betting typology, if the time or date of a betting event is brought forward, or if the time for the betting event is incorrectly listed on our website, all bets placed before the beginning of the event and confirmed by us will be considered valid, but all bets placed after will be considered void.

Unless otherwise stated in any rules that we may have for certain betting typologies, whenever an event is officially postponed, all the related bets will remain valid if the event takes place and is completed within midnight of the day following the date originally set for the match. If it does not take place or is not completed within the mentioned time frame, all the bet typologies related to that event will be deemed void within 24 hours.

Unless otherwise stated in any rules that we may have for certain betting typologies, whenever an event is officially interrupted according to the time written in the coupon, all the related bets will remain valid if the event is completed within midnight (EAT) of the day following the date originally set for the match. If it is not completed within the mentioned time frame, all the bet typologies related to that event will be considered void.

Unless otherwise stated in any rules that we may have for certain betting typologies, if an event does not take place in the expected venue, or if one of the teams does not coincide with those originally scheduled for the match Ebet reserves the right to void all the related bet typologies.

Unless otherwise stated in any rules that we may have for certain betting typologies, where a match is cancelled or postponed, we may in our sole and absolute discretion carry out a draw to determine the result of the missing game result or deem the missing game result to be the same as the outcome of the match listed above the cancelled or postponed match on the list of matches. When the first match on the list is the one that is cancelled or postponed, the last match in that list of matches shall be deemed to be the match listed above the cancelled or postponed match. It is your responsibility to ensure that you are aware of the details of such draw (including the time and venue) and/or to be aware of the outcome of the match listed above the cancelled or postponed match on the list.

You agree that we are not liable to you in any way for any loss incurred by you in connection with voided bets.

A team is considered to have scored the goal even if it was actually scored by an opposing player (an own goal) or if it was the result of a penalty kick during Regular Time.

Unless otherwise stated in any rules that we may have for certain betting typologies, in the event of a game being abandoned after it has started but before the final whistle or buzzer, only bets that can be settled at the time of abandonment will stand.

In case of serious irregularity impacting upon the outcome of a betting event (such as a team playing with a youth squad due to a strike, protest, illness, etc), Ebet has the right to cancel accepted bets or declare such betting event void.

If the result of an event or match is not immediately available from an official channel, then the result published by the official governing body immediately after the match or event is ended will be used for settling purposes. Any subsequent corrections or amendments to this result will not apply for settlement purposes.

In the event of any uncertainty about any official result, Ebet reserves the right to suspend settlement of any game until the uncertainty is resolved to its reasonable satisfaction.

Neither we (including our employees or agents) nor our partners or suppliers are liable for any loss resulting from any error made. Bets placed in order to cover flawed bets will stand valid if not impaired by errors.

Ebet reserves the right to void any winnings that were obtained as a result of hardware or software error or malfunction. Players found abusing such errors and malfunctions are subject to having their account closed and any deposits or winnings forfeited. In the event of a website system, software or hardware malfunction all bets may be voided.

We only accept bets made via mobile device, our website or our cash desk. Bets are not accepted in any other form (e.g. post, email, fax, etc.) and where received will be invalid and void.

27. THE MONEY LAUNDERING AND FINANCING OF TERRORISM (PREVENTION) ACT, 2011.
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