I. INTRODUCTION AND CONTRACTING PARTIES
These Terms and Conditions shall apply to all aspects of the use of the website www.shabiki.com and any of its subdomains (the “Website”), the online betting account via the Website (the “Account”), and the gaming and gambling products and betting services operated via the Website (the “Services”). The Website is operated by GameCo LLP (“GameCo LLP” or “we” or “us” or “Shabiki” and variations of the same), a company duly registered under the laws of Kenya, licensed and regulated in Kenya by the Republic of Kenya Betting Control and Licensing Board under license number 0000416. Our license was initially issued by the Betting Control and Licensing Board on 17/12/20.
You will see the following terms used throughout the Rules:
"Bonus" shall cover all promotional offers that give a tangible reward, including but not limited to: welcome offers, reload bonuses, deposit bonuses, free/bonus spins, free bets, and risk-free bets.
"Games" are Casino, Sportsbook and any other game on our Site (including mobile or any other platform) and "Game" can mean any one of them. We can remove or add Games to the Site at any time.
"Rules" are these terms and conditions which you agree to when using the Site.
"Site" www.shabiki.com, and including, if applicable, any mobile and mobile application version thereof or any other subdomains of shabiki.com.
"We" The Site is run by GameCo LLP, a private limited company registered in Kenya, with company registration number LLP/2016/165 of P.O. Box, 7468-00300, Nairobi, Kenya.
"we", "us", "our" means GameCo LLP Limited.
"You" is you using the Site. “Your" has its usual meaning in relation to you.
"Your Account" is your player account on the Site.
II. ACCESS AND USE OF THE WEBSITE AND THE SERVICES
- Shabiki does not warrant the constant availability and functionality of the Website or any Services. We reserve the right to withdraw, suspend or amend any aspect or feature of the Website and/or any Service or part of the Service without notice. In addition, Shabiki may, in its absolute discretion, change the content of the Website or the Services (including, without limitation, any of the betting products or elements of these products) at any time.
- You shall use the Website and any of the Services for your own personal and non-commercial use only. You shall not reproduce the Website or any part of in any form or create links that suggest any form of association, approval, sponsorship or endorsement on our part without Shabiki’s express written consent.
- Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of the same, any of their content, or the use of any information they may acquire about you (including personal data). Any such link does not constitute an endorsement by Shabiki of the use of that link, the company or organisation behind that link or the contents of the website reached using that link.
- The Account and any Services accessed through the Website may be used for the lawful purposes only and in a lawful manner, in your capacity as the private individual. You agree to comply with all applicable laws, statutes, and regulations regarding the Website and any transaction performed by you via the Website. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website or the Services. Any information or data accessed by you via the Website or any part of it (including, but not limited to, results, statistics, sporting data and fixture lists and odds, hereunder “Information or Data”) is for your personal use only and the distribution or commercial exploitation of such Information or Data is strictly prohibited. You shall not use any automated systems or software to copy and/or extract the whole or any part of the Information or Data for any purposes.
- The Customer is solely responsible for making all arrangements necessary to have access to the Website, the Account and/or the Services. Shabiki cannot guarantee that the Website or any of the Services will be compatible with any hardware or software used by you. For some of the Services you may need to download software in order to use them and if provided by us, we will license the software to you for the purposes of utilising the Services by you only (or sub-license to you, to the extent the software is owned by a third party). Downloads may involve placing files and installing software on the hard drive of your device. Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk. Shabiki shall not accept any liability for any failures or issues that arise due to disconnection or unavailability of any of the Services in general and/or under your Account for whichever reason, including, without limitations, due to any equipment or software under our control or not, or operated by us or not, our equipment, internet connection or internet or telecommunication services provider, including, without limitation, your inability to view the Website content, place bets or access any of the Services.
You are only permitted to use any software made available via the Website for the purpose of using products on the Website and no other purposes. The software is owned and is the exclusive property of Shabiki or its licensors and is protected by the applicable law. Your use of the software does not give you any ownership of any intellectual property rights in the software.
- All indicated dates and times are based on EAT (East Africa Time).
- The right to access and/or use the Website and/or the Services (including any or all of the products offered via the Website) may be illegal in certain countries (including, for example, the USA). You are responsible for determining whether accessing and/or use of the Website and/or the Services is compliant with the applicable laws in your jurisdiction. The Website and/or any of the Services does not constitute an offer, solicitation or invitation by Shabiki for the use of betting or other services in any countries where such activities are deemed to be illegal. Each person should ensure that he/she would be acting legally in the country where he/she is located while using the Website and/or the Services. Under no circumstances will we be liable for any breach of any state or country law that may occur as a result of your usage of the Website.
- If the Customer uses the Services from a location falling outside Kenya, such activity shall be subject to all appropriate exchange control regulations and the laws of the foreign jurisdiction from which such activity originates and it shall be the responsibility of the Customer to ensure full compliance with the same. Shabiki 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.
- Any operations confirmed with the login / gaming account number and the gaming account holder’s password are valid and official.
- Despite the fact that we make every effort to ensure that the site content is correct, all data on the current course of events are for informational purposes only. We accept no responsibility for any inaccuracies in the current score or time of the match. We recommend that you always use alternative sources of information.
- The Services are available in Kenyan Shillings (KES) only.
IV. ACCOUNT REGISTRATION AND MANAGEMENT
- A Customer must register an Account to utilise any of the Services. Shabiki reserves the right to refuse to register your Account with or without cause.
- In order to register an Account, you represent, warrant and agree that you are:
- 18 years old or older;
- Use a phone registered to you and any further details requested by Shabiki
- you are opening the Account for your personal use and are acting as the principal and not on behalf of third party;
- Shabiki reserves the right to verify the Customer’s age at any time. In the event that you are found to have breached clause 2 (i) or any of the representations and warranties therein are deemed false, we may
- cancel any bet you have placed;
- not pay any winnings that may otherwise be payable in respect of such bet;
- terminate the Account and/or
- refer the matter to the police, family and/or appropriate regulatory authority.
It is your responsibility to ensure that all details you provide us in satisfaction with our verification checks are kept up to date.
- You cannot buy, sell or transfer the Account to other User(s). You shall not transfer or sell your Account and/or acquire or accept a transfer of another registered Account with Shabiki from another person.
- Shabiki does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third-party service provider (to be determined at Shabiki’s absolute discretion) to bet on any market or event where the respective service provider is providing the service to Shabiki. All such bets shall be void.
- When opening an Account, you will be required to submit your phone number, which will be your Account username and will be required to create a password. You must keep all Account information secure at all times, including the Account username and password. You are responsible for the security of your Account and all transactions performed under your Account. If you lose or forget your username and/or password, you should change your password without delay via your Account, the Website, or by contacting us. If you believe or have reasons to suspect that a third party is aware of or may have access to any Account information, including your email or mobile number, contact us immediately. Shabiki has no reason to believe that at the time of acceptance of the bet, the bet was not placed by you. All the bets will stand if the correct username and password are entered to access the Account. Shabiki shall not be liable for any loss that you may incur as a result of misuse of username(s) and/or passwords(s) or from any unauthorised use of your Account, whether fraudulent or otherwise.
- suspend your Account for up to 90 days; and/or
- restrict you from withdrawing funds from your Account and/or making deposits and/or placing the bets; and/or
- prevent you from accessing your Account; and/or
- terminate your Account.
- Account Suspension and Termination. Without limiting or restricting Shabiki’s right to rely on any remedies available to it, we may exclude the User from the Services, suspend and/or terminate the Account and/or cancel any bets placed under the Account, including the winning bets, at our absolute discretion and without having to disclose the reason.
If you have any query regarding your Account, it is your sole responsibility to notify Shabiki as soon as possible and provide all relevant information as we may require.
V. DEPOSITS AND WITHDRAWALS
- You can deposit the funds into your Account with one of the payment methods made available by Shabiki. The payment methods made available to you, the average processing times and applicable service fees may change. Some payment methods may not be available in all countries.
When choosing a payment method you agree to the terms of that payment method and agree to any charges or service fees that apply on the deposits and withdrawals you make through such payment methods, and that the payment method is valid and that the payment account or card belongs to you and you have the right to use the payment method.
It is unlawful to deposit money which has been obtained illegally.
We accept payments made in KES (Kenyan shilling) only. Any payments received in a currency other than KES will be converted at the exchange rate we choose. Also, any exchange premiums are payable by you.
We do not accept cash directly or cash delivered to any payment solution provider. Shabiki does not charge the fees for deposits; however, your payment provider’s charges may apply. The minimum and maximum deposit amount may apply depending on the type of payment method you choose and you can only bet up to the amount available on your Account. Please refer to our FAQs pages. Any deposits that are subject to the bonus promotion offer will be regulated by the bonus promotion rules and may not be available for withdrawal.
- Shabiki reserves the right to change the payment methods we accept from time to time. Furthermore, in our absolute discretion and without giving a reason, we reserve the right to refuse to accept any type of payment method presented to us irrespective of whether we have previously accepted such payment method type from you or would usually accept that payment type from any Customer.
- The Customer may withdraw the available cash balance of the Account, with the exception of the initial deposit, (this will include any winnings received from any stakes made from the cash balance of the Account) by making a withdraw request from the Account to the same number provided by the Customer under the Account, each registered in the User’s name and which may be subject to verification.
- All withdrawals must be done through the same payment method chosen by you when placing a deposit, unless we decide otherwise or are unable to do so. If you deposit using a number of payment methods, we reserve the right to split your withdrawal across such payment methods and process each part through the respective payment method at our discretion and in accordance with anti-money laundering policies and regulation.
We may request that you redirect your withdrawal or cancel it or request that it is redirected to a different method of withdrawal in accordance with anti-money laundering policies and/or regulation.
Cancellation of a withdrawal (whether this was made by you or us) does not entitle you to any compensation should you choose to play with the funds in Your Account before any withdrawal is completed.
- Withdrawal requests greater than the mobile operator, mobile money limits shall be paid via EFT (bank transfer). The Company shall process such payments after further verification of identity that may include in person presentation of identification documents.
- Shabiki reserves the right to reject any withdrawal of funds if it appears to be linked with transactions predominantly performed with the purpose of allowing the transfer of money from one payment method to another payment method, including, without limitation un-played deposit withdrawals.
- Shabiki may undertake any verification checks at withdrawal as may be required by Shabiki or by third parties (including, but not limited to, regulatory bodies). Shabiki may suspend the availability of any withdrawal method and/or the withdrawal function available in the Account until the completion of the verification checks and/or suspend the Account and/or any of the Services availability.
Without limiting the provisions of Clause III (3), upon withdrawal request initiated by you, you may be requested to send us a copy of;
- National Id card
- Picture pages of certified passport
- Any other such documentation as we feel is required in the circumstances.
- Your cooperation and compliance with our requests will speed up the verification process.
- The withdrawals are generally processed within 24 hours, subject to the verification process which may apply. Shabiki does not accept any liability for any delays which may be due to the payment provider.
- The Customer shall not attempt any charge-backs, reversals or otherwise cancel any deposit previously made into the Account. If we incur any charge-backs, reversals or other charges in respect of your Account, we reserve the right to charge you for and/or set off from your Account balance the relevant amounts incurred.
VI. PLACING BETS
- You acknowledge that we have no obligation to accept any bet or wager that you may wish to place with us. We reserve the right to decline, or limit, any bet that a user wishes to place prior to its acceptance.
- All bets are subject to the maximum pay-out limit, which is 4 million KES, which may be subject to change. Your bet will be deemed valid when accepted by the Shabiki server and
- for all the sports bets, your betslip appears on your Account with the confirmation message that you bet has been placed and the betting slip number on the bet slip and
- for all the bets placed on the games, when bet ID appears on your Account (the “Accepted Bet”).
- Shabiki is not liable for the settlement of any bets that are not Accepted Bets or invalid bets. The winnings due on undisputed valid bets made from the cash balance of your Account will be added to the cash balance of your Account once settled. This balance will remain on your Account unless you submit a request that part, or all, of the qualifying balance for withdrawal.
- Without prejudice to any specific terms applicable to any of the Services and any of the terms hereunder, Shabiki reserves the right to withhold payment of the winnings and to declare bet void if we have evidence that the following has occurred:
- the integrity of the event has been called into question;
- the price(s) or pool has been manipulated;
- match-rigging has taken place;
- you were under 18 years of age when you placed the bet;
- you were in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products or services to you or your use of them illegal when you placed the bet; or
The results update in the progress of live events is for information purposes only. The result listed incorrectly cannot be the ground for cancelling the bet. The Betting company is not responsible for the correctness of results during live events.
- The date and the time for the event start specified in the line are informative only. A wrong date is not a reason to refund the bet if the bet has been placed before the start of the event. For bet settlement, the actual time of the event start is used. This time is determined according to the official documents (websites referenced by the Betting company when collecting information) of the organization that holds the competition, match, etc.
- Shabiki accepts no responsibility for incorrect spelling of players surnames, team names and cities names of the events on which the bets are placed.
- In case of mistakes by Shabiki in the preparation and publication of the betting line, or there was an obvious failure in the computer software which determines the betting line (obvious mistakes in the odds, odds discrepancy in various positions, etc.), fraudulent actions of the employee of Shabiki in violation of the conditions, provided by these Rules, Shabiki has the right to unilaterally invalidate the concluded wager agreement (including the bets placed before or after the beginning of the event, which concerns mistake), refuse to fulfill obligations under such an agreement and return the bet to the Customer.
- A connection failure and other technical mistakes in communication are not reasons to change or cancel a bet if the wager has been registered on the server.
- Loss of password is no reason to change or cancel a bet or to cancel a payout request.
- Each Customer is granted one gaming account. The Customer is obliged to apply preliminarily to the administrator of Shabiki for granting him/her such a right, posterior applications are considered as a breach.
- The Customer cannot give permission to anybody else to use his/her gaming account.
- Shabiki reserves the right :
- to apply limitations or refuse from accepting bets from any Customer without explanation of reasons and prior written notice;
- in case of suspicion of fraudulent actions on the part of the Customer, cancel all bets made by such Customer return the deposit and terminate the game account;
- to terminate the Customer’s game account at the request of the Customer without the possibility of its recovery.
The decision to refuse to accept bets and/or close the game account is made on the basis of these Terms and Conditions, taking into account the history of Customer’s bets and the circumstances of a particular situation.
VII. BONUSES / PROMOTIONS & REWARDS
- Shabiki may make available the bonus offers, promotions or reward programs on the website, your email/number registered under your Account or social media. You can find more information under your Account and our FAQ pages.
- Your eligibility for the offer or promotion and/or participation in the rewards program will be subject to the terms and conditions for the respective bonus offer, promotion or rewards program available on the website and/or your Account.
- Shabiki reserves the right to deny or to terminate any bonuses, promotions and/or special offerings, as well as to modify, suspend or discontinue their validity at its sole discretion and without informing the Customer.
- Any "welcome" Bonuses are only available to new customers whom open an account on the Site and whom have never held an account on the Site before, have never received a welcome offer of any kind and who are invited to take part in a welcome offer by virtue of it being specifically offered to them when they register on the Site.
- Where any Bonus is capable of (for example due to enhanced odds) giving you guaranteed or increased chances of profits irrespective of the outcome; and we have any evidence or reasonable suspicion that you have placed a bet or multiple bets (alone or in a group of players) across any of the websites belonging to GameCo LLP on such a Bonus, then we may withdraw the Bonus and all winnings attained by you during the wagering of the Bonus and we may also close Your account and withhold all funds remaining on Your Account at our absolute discretion.
- If you cancel the Bonus, You will lose the Bonus and all winnings generated from the Bonus. Details on the applicable restrictions can be found in the specific terms of the promotion.
- We have the right to refuse any player a Bonus or we may alter the Bonus (including cancellation), if we believe that:
- the Bonus is being abused (our definition of abuse includes but is not limited to a player making use of promotional offers without ever risking their own funds);
- technical issues have occurred in relation to the Bonus;
- the Bonus is, for any reason, not able to be conducted as planned.
- We offer promotions in good faith to players who use our services for entertainment purposes. We reserve the right to cancel or remove a player’s access to these games in the case of suspected abuse of this offer and also, should we deem so necessary, terminate the offender’s account with immediate effect. In the case of an offender’s account being closed, we will not be liable to refund any losses made by a player on any games or to refund any balances on the player’s account. Abuse includes but is not limited to using software and/or opening multiple accounts in order to gain an unfair advantage on a Bonus. In all cases of abuse, we retain the right to withhold all winnings and any balances remaining on Your Account.
Therefore: If we notice that a bonus is being abused and/or the bonus terms are being breached, we may take the following actions against such abusers:
- Revoke and / or cancel any bonuses and bonus winnings that we regard may have been redeemed by misuse of the system; and / or
- Players found to be abusing bonus offers may be barred from receiving further bonuses; and/or
- Abusing player accounts may be terminated
A list of what may be deemed abuse may include but is not limited to:
- Using more than one account,
- Equal, zero or low margin bets,
- Placing bets in excess of the maximum stake allowed when having an active bonus,
- Wagering bonuses on excluded games,
- Manipulation of software, exploitation of loopholes or other technical forms of abuse or other behaviour which amounts to deliberate cheating,
- Masking IP address or using a VPN.
- All Bonuses are intended for recreational players and/or as tokens of appreciation to our customers and we therefore reserve the right to restrict eligibility to participate in all or part of any Bonus.
VIII. RESPONSIBLE GAMING
- Shabiki believes in Responsible Gaming and takes our responsibility in this matter seriously. Gambling should be an exciting pastime, and we urge our customers to have fun, but not bet beyond their means. Shabiki is committed to endorsing responsible wagering among its customers as well as promoting the awareness of problem gambling and improving prevention, intervention and treatment.
- The full responsible gaming terms can be viewed here; Responsible Gaming
IX. CLOSING YOUR ACCOUNT
You can close Your Account at any time, by contacting support directly on [email protected]When you close your Account:
- You must first cancel any outstanding offers for stakes that you have made;
- You must contact support and specifically request for the closing of Your Account;
We will promptly transfer all funds from Your player account (subject to the deduction of relevant withdrawal charges) to the payment options available(excluding cash), which belong solely to you and are in your name. Such transfers will be executed in accordance with various laws and regulations.
- If you want to recover funds from closed, blocked or excluded accounts, you need to contact support.
- If you are closing Your Account because you have a problem with gambling addiction, please refer to our responsible gaming rules.
X. MISCARRIED AND ABORTED GAMES
We do everything we can not to have any technical foul ups but this isn’t always possible. We therefore need to tell you the following:
- We, our suppliers and / or licensors are not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to game play. Refunds may be given solely at the discretion of the management;
- We, our suppliers and / or licensors accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with the Site or its content, including and without limitation to:
- Delays or interruptions in operation or transmission;
- Loss or corruption of data;
- Communication or lines failure;
- Any site or content misuse;
- Any errors or omissions in content;
- In the event of a casino system malfunction all wagers are void;
- If your Game miscarries because of a failure of the system, we shall refund the amount wagered in your Game by crediting it to Your Account or, if Your Account no longer exists, by paying it to you directly, in an approved manner. If you have accrued credit at the time the Game got miscarried, the monetary value of the credit will be paid out to Your Account or, if Your Account no longer exists, it will be paid to you directly, in an approved manner;
- We shall take all reasonable steps to ensure that our computer system enables your participation in a Game. If after you have made a wager game play is interrupted by a failure of the telecommunications system or a failure of your computer system, the Game will resume as at the exact time immediately before the interruption occurred. If however, such resumption is not possible we shall:
- Ensure that the game is terminated;
- Refund the amount of the wager to you by placing it in the Your Account.
XI. ANTI MONEY LAUNDERING
- As a gaming operator we need to comply with the Prevention of Money Laundering Act and any associated Regulations. We shall check all transactions and report any suspicious transaction to the relevant competent authorities in Kenya.
- If you become aware of any suspicious activity relating to any of the Games on the Site, you must report this to us immediately by sending an email to the following address: [email protected]
- We may suspend, block or close Your Account and withhold funds, in accordance with the Prevention of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities.
XII. ERRORS AND OMISSIONS
- Shabiki makes an effort to ensure there are no errors made in its systems utilised to make the Website and/or the Services available for use. However, human and/or system errors may occasionally result in errors. Shabiki reserves the right to correct any error, whenever identified, and to void any bets placed where such error occurred.
- A number of circumstances may arise where a bet is accepted, or a payment is made by us in error. A non-exhaustive list of such circumstances is as follows:
- where Shabiki misstate any odds or terms of a bet as a result of obvious error or omission in inputting the information or setting up a market, or as a result of a computer malfunction;
- where Shabiki has made a ‘palpable error’. A palpable error occurs where:
- in relation to bets placed prior to an event taking place, the prices/terms offered are materially different from those available in the general market; or
- in relation to any event, the price/terms offered at the time the bet is placed are clearly incorrect given the probability of the event occurring;
- where Shabiki have continued to accept bets on a market that should have been suspended or had already finished (referred to as ‘late bets’);
- where Shabiki should not have accepted, or have the right to cancel or re-settle, a bet pursuant to any of the relevant terms and conditions applicable to any of the Services;
- where an error is made by Shabiki as to the amount of winnings/returns that are paid to a Customer, including as a result of a manual or computer input error; or
- where an error has been made by Shabiki as to the number of free bets and/or bonuses that are credited to a Customer’s Account;
- where a bet containing incompatible events is accidentally accepted, because of human or technical error;
- where systems or communication error occurs related to the generation of random numbers;
- failure of any of Shabiki’s systems;
such circumstances being referred to as an “Error“.
- Shabiki reserves the right to:
- correct any Error made on a bet placed and re-settle the same at the correct price or terms which were available or should have been available on the Website at the time that the bet was placed and the bet will be deemed to have taken place on the terms which were usual for that bet; or
- where it is not reasonably practicable to correct and re-settle under paragraph 2 (a) above, to declare the bet void and return the stake to the Account; or
- If Shabiki wrongly pays an amount to a Customer or Shabiki pays a Customer more than the amount to which the Customer is properly entitled, you agree to repay to us immediately upon request from us the amount that has been wrongly paid or overpaid to you. The Customer must inform Shabiki as soon as possible of any amount wrongly credited to their Account. Shabiki has the authority to adjust your Account to reflect the true outcome and rectify the Error. This includes, without limitation, cancelling the bets or winnings from the events or games where you have used the funds, which have been credited to the Account or awarded to a Customer as a result of an Error. Shabiki may withhold any winnings which a Customer may have won with such funds and you will immediately repay to us any such amounts when a demand for repayment is made. Without prejudice to the foregoing, Shabiki may set off such amounts from any positive balance on a Customer’s Account pursuant to the provisions of Clause IV (9).
- Neither Shabiki (including our employees), nor agents, our partners or suppliers, shall be liable for any loss, including loss of winnings, that results from any Error by Shabiki or any mistake made by the Customer in utilising the Services.
- The Customer shall inform Shabiki as soon as reasonably practicable should you become aware of any Error and stop immediately any further activity in relation to the Service(s) the Error applies to.
- If you want to report an Error or have any questions, please contact the [email protected]. Please note that any calls to our Customer Support Team may be monitored or recorded for training and quality management purposes and to assist us in the quick and effective resolution of queries.
- In the event that the printed version of a document or of a coupon differs from the web version, the latter shall prevail. In the event of any dispute, the Customer agrees that the records of our server shall act as the final authority in determining the outcome of any claim.
XIII. NO WARRANTY
- Shabiki will endeavour to provide the Website and/or any Services using our reasonable skill and care. Shabiki makes no further warranty or representation, whether expressed or implied, in relation to the Website and/or the Services. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.
- No warranty is given as to the uninterrupted provision of any Information or Data via the Website or any part of it, its accuracy or as to the results obtained through its use. The Information or Data is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets, which are made at your own risk and discretion.
- Further, Shabiki makes no warranties that the Website and/or any of the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or the Services are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.
XIV. LIMITATIONS OF LIABILITY
- The Customer agrees that your use of the Website and any of the Services is at his/her sole risk.
- Shabiki does not accept any liability for any damages, liabilities or losses of any kind, which are deemed or alleged to have arisen out of or in connection with the Website, any of its content, the Account and/or any of the Services (including delays or interruptions in operation or transmission, communication or lines failure, any person’s misuse of the Website, the Account and/or the Services or any error). Shabiki shall not be liable to the customer in contract, tort (including negligence), breach of statutory duty or in any other way (arising directly or indirectly) for:
- Shabiki are not liable for any loss of content or material uploaded or transmitted through the Website and/or the Account or otherwise transmitted to us and you confirm that we will not be liable to you or any third party for any modification to, or suspension or discontinuance of the Services or any part or component thereof. Shabiki reserves the right to cancel or suspend the Services without any liability whatsoever.
- Furthermore, Shabiki shall not be liable for any loss or damage that a Customer may suffer because of any act of God, power failure, trade or labour dispute, act, failure or omission of any governmental authority or the government, obstruction of any telecommunication services or networks, or any other act, omission, delay or failure caused by a third party or otherwise outside of our control.
- the amount of the bet relevant to which the liability in question has arisen; and
- where funds paid by you into your Account have been misplaced by Shabiki, the return of the same amount into your Account.
XV. INTELLECTUAL PROPERTY RIGHTS
- The Customer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
XVI. COMPLAINTS AND CLAIMS
- All complaints regarding a bet placed through the Services or a game played, must be communicated to Shabiki within 15 calendar days from the date of the settlement of the bet, or if still pending, from the date of acceptance of the bet. All complaints must be addressed to Customer Support, and need to include your mobile and the details of the transaction.
- All claims with regards to unresolved complaints or any disputes regarding the outcome of the complaint resolution must be sent via email to Customer Support, [email protected], within 10 calendar days from the date of the resolution of the complaint. Ensure to include your Phone Number, the details of the transaction your claim relates to and all the relevant correspondence with Customer Support. Failure to provide the correct and full details, or requests sent after 10 calendar days from the date of the resolution of the complaint, will result in disregarding the claim.
- Offensive or rude language, as well as malicious or damaging comments, will not be tolerated while contacting our staff or while discussing our products and services in any media, network or forum. Any infringement of this policy will result in a suspension of the Account or in every additional action as may be permitted by law.
If Shabiki fails to insist upon strict performance of any of your obligations or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of a subsequent default. No waiver by Shabiki shall be effective unless provided in writing, excluding email.
XIX. RELATIONSHIP AND THIRD-PARTY RIGHTS
We can assign or transfer this agreement. You cannot assign or transfer this agreement.
We hold all customer funds in a separate bank account. You must be aware that these funds are not protected in the case of insolvency and therefore in the event that we should go insolvent, your funds may not be returned to you.
XXII. APPLICABLE LAW AND PLACE OF JURISDICTION
- These Rules are governed by the Laws of Kenya and the parties agree to be subject to the jurisdiction of the Kenyan courts.
XXIII. BREACHES, PENALTIES AND TERMINATION
- If we suspect that you have breached these Rules, we may refuse to open, suspend or close Your Account. We may also withhold any money in Your Account (including the deposit) and set off any money or damages due to us against the money in Your Account.
- We also have the right to freeze or terminate Your Account or cancel any stakes if:
- We suspect that you are engaged in illegal or fraudulent activities.
- You are having problems with creditors or otherwise which are detrimental to our business.
- Our decision is final.
XXIV. ENTIRE AGREEMENT