Definitions

• "Your Account” or “Account" means an Account opened by you to be used to manage the payment of funds to and from us in relation to your use of the Website and Services which we agree that you may open and operate
• "Bet" means a bet, wager or stake placed via the Website on the outcome of any event and/or market referred to on the Website;
• “Brand” means Betkumi as operated by the following companies; Incline Technologies Limited (Kenya) and Pakakumi Investment Limited (Zambia).
• "Privacy Policy" means the Betkumi privacy policy accessed via the Privacy Policy link
• "Rules" the Betting Rules and Gaming Rules specifically applicable to the relevant type of betting and/or gaming made available by us on the Website
• "Services" means as appropriate, the services offered by Us through the Website or Software made available by us from time to time;
• "Terms" means (a) these Terms of Service; (b) the Privacy Policy; (c) where appropriate the relevant Rules, Bonus Terms and any additional Terms applicable to the Services that are being used by you
• "Third-Party Terms" means any additional end user terms and conditions of use which you are required to confirm your agreement to as part of the use of any software which you may access on our Website.
• “Us”/”We”/”Ours” means Betkumi.
• "Website" the domain name betkumi.com through which we provide our online betting services, including all pages with these domain names and all computer programs used to run or that are accessible on these domain names and all material and data made available at these domain names, including, but not limited to, text, photographs, graphics, video and audio content.
• “You”, / “Your” means reference to customer.

1. Introduction to Terms and Conditions

   1. Betkumi (the " brand "), is a registered brand and operates this online betting and gaming website. The brand is registered in Kenya under Incline Technologies Limited (a limited liability company incorporated in Republic of Kenya and licensed by Betting Control and Licensing Board under license No. 000627). In Zambia, “Betkumi” is operated by Pakakumi Investment Limited (a limited liability company incorporated in Republic of Zambia and licensed by Betting Control and Licensing Board of Zambia under license No. 0001114).

2. Contracting Parties

   1. These Terms of Service shall be agreed between you (“the customer”, or “the client”) and the “Brand” (referenced in these Terms as “us ", " our " or " we ").
   2. The products and services that Betkumi offers (via its websites, web applications) are together referred to as the "Services". Your agreement under these Terms is with us for all the Services that You use.

3. Applicability of these Terms of Service

   1. By proceeding to access the Website, and/ or otherwise by opening an Account with us, and/or placing a bet with us, you are deemed to have read, understood and accepted these terms. By agreeing to these terms and/or because of your continued use of the Website, you are bound by these terms and by our rules and regulations and privacy policy that are incorporated by reference herein (and any amendments thereto). If there is any inconsistency between these terms and any document incorporated by reference, these terms will prevail at all times.
   2. These Terms will come into effect on (1st March 2024). We may need to change these Terms from time to time for a number of reasons without notice, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons and to facilitate provision of our services. The most up-to-date Terms can be accessed from the Terms of Service link in the footer section of the Website, and the date on which they will come into force is noted at the start of this paragraph C (2). /li>
   3. You are advised to review the Terms through the link on the Website on a regular basis. Your continued use of the Website after these changes have been made shall be deemed as your acceptance thereof.
   4. If any change on the Terms is unacceptable to you, you may either cease using the Services and/or close your Account.

4. Applicability of these Terms of Service

   1. All Customers must be 18 years of age or older and resident either in Kenya, or in Zambia in order to register and participate in any content, including the placing of stakes on a bet or participation in any other content found on this website.
   2. It is an offence for anyone under the age of 18 to open an account or to gamble on this website.
   3. In order to avoid unlawful betting (but not limited to underage), we reserve the right to carry out checks to verify the information provided.
   4. We will undertake a search with a third party for the purpose of verifying that you are 18 years or over and your identity, including your name, address and date of birth. Where these checks are unable to verify these details, we reserve the right to ask you for the following documents: a copy of your photo and identification document (national identity card, valid passport or a driving license). If we are unable to confirm that you are aged eighteen (18) or over and your identity, then we are required to suspend your account until satisfactory proof of your age and identity is provided. In the event your account is suspended for this reason, please send all relevant documents to /** link**/our Customer Service Team.
   5. You confirm that you are not currently subject to a self-exclusion with Betkumi and you have not requested for a self-imposed exclusion from gambling regulator in your country of resident to be excluded from all gambling activities.
   6. You represent to us (and acknowledge that we rely on these representations) that you are of sound mind and capable of taking responsibility for your own actions and that you can enter into a legally binding agreement with us.
   7. You have sole responsibility for determining whether your accessing and/or use of the Website is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the country where you reside.
   8. You have sole responsibility in ensuring your payment details and contact information are up to date at all times.
   9. You have sole responsibility to ensure that your security details remain confidential. In any event where you are concerned that your security details are no longer confidential, you have the obligation to notify us immediately. Any transactions that have been placed by a person who is securely logged into your account will be your responsibility.
   10. We only accept registrations and deposits from residents of Kenya and Zambia.
   11. You should only deposit funds into your account with us from a source where you are the registered and named account holder. In such cases where we identify that the registered / and or named account holder differs from that which we hold, we reserve the right to treat any winnings arising from such deposits as void.
   12. We do not offer credit. All Bets must be supported by sufficient funds in your Account. We reserve the right to void any Bet which may have inadvertently been placed when the Account does not have sufficient funds to support the Bet.
   13. Your Account shall not be used by you as a bank Account and, should we become aware of deposits into and withdrawals from your Account without commensurate betting or gaming activity, we reserve the right to deduct an administration charge (whether or not we close or suspend the Account). Funds deposited with us in your Account shall not attract interest.
   14. We only accept bets made online, which for clarity includes the use of iPhone and Android applications. Bets are not accepted in any other form (telephone, email, fax, in person, etc.) and any bets received in these forms will be null and void.
   15. We reserve the right to void any or all bets that have been made by any person or group of persons who are acting in an attempt to defraud us. If there is any evidence of a series of bets, each containing the same selection having been placed by or for the same individual or syndicate of individuals, we reserve the right to make such bets void and suspend relevant accounts. This rule applies to both settled and unsettled bets.
   16. Winnings will be credited to Customer's accounts following confirmation of the final result.
   17. To the extent required by your local law or tax or other authorities you are responsible for reporting your winnings and losses arising from our Services.
   18. Should funds be credited to your account in error, it is your responsibility to notify us of the error without delay. Any winnings subsequent to the error shall be deemed invalid and returned to us, and if we have paid out on any such bets, such amounts shall be deemed to be held by you on trust for us and we can immediately reclaim these funds from your Account if you have sufficient balance or you shall immediately repay to us any such amounts when a demand for repayment is made by us to you.
   19. We reserve the right to suspend or close your account and void all settled and unsettled bets in the event that you open more than one account.
   20. We do not accept responsibility for any typing, human or palpable errors that lead to obvious price errors. In all such cases bets will be deemed void.
   21. We do not accept responsibility for damages or losses deemed or alleged to have resulted from or been caused by the website or its content including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or line failure, any person's misuse of the site or its content, or any errors or omissions in content.
   22. The maximum winnings to any Casino games played through our platform, other than progressive jackpot slots, for any calendar day (00:00:00- 23:59:59) shall be no greater than KES.1000000 or the equivalent amount in your chosen currency. Please note these restrictions apply regardless of stake amount.
   23. In relation to any sports betting transactions placed through our platform, other than as may be set otherwise in relation to specific markets under the Betting rules, for any one calendar day (00:000:00- 23:59:59) the maximum aggregate winnings shall be no greater than KES. 1000000 or the equivalent amount in your chosen currency. Please note that these restrictions apply regardless of stake amount.
   24. Winnings will usually be paid without You needing to make a claim. If You believe that You have not received any winnings due to You then You should notify us as soon as possible and provide evidence for Your claim. No claim for winnings may be made more than thirty (30) days after the date on which the relevant event or game is completed.
   25. We reserve the right to change odds and information displayed on the website at any time and without notice. We will take reasonable care to ensure the accuracy of this information. Prices displayed on the website are indicative only and are not binding until a bet has been confirmed by us. In the event of any particular information (score, time of game, bust etc) being incorrect we assume no liability for this. Please refer to our betting rules for information on how we settle individual markets.
   26. The website will at all times show records of recent bets placed, results and account activity. We recommend that you keep independent records of all of the transaction information, games rules, cancellation rules, and payment methods in order to avoid any future misunderstandings.
   27. All bets will be processed once the bet has been placed and the acceptance confirmed.
   28. You will be able to play immediately after any deposit transaction has been confirmed.
   29. When an event is cancelled, all bets referring will be cancelled automatically and the related accounts will be refunded.
   30. Bets will be accepted up to the advertised deadline of until when bets are accepted ("deadline" ) for any given event. Such deadlines are deemed to be incorporated by reference into these terms and you have agreed to. If a bet is inadvertently accepted after its deadline, the bet shall be deemed void and we reserve the right to void any such bet.
   31. All promotions and offers are limited to one per person. We reserve the right to withdraw any promotion or offer upon completion of their full duration or at any time without prior notice.
   32. We consider these terms to be fair. Should you need any advice regarding these terms please contact our customer service on mobile phone number displayed on website or via emailing to customer@betkumi.com
   33. Data protection constitutes an integral part of these Terms of Use. Please see Privacy Policy for details of how personally identifiable information is collected and may be processed or shared with others.

5. Accounts

   1. t is your responsibility to actively maintain your Account with us. In this regard, you have to have at least logged in once to your Account and utilized our Services in any twelve (12) months period to maintain an active Account. If your Account is inactive for twelve consecutive (12) months or longer, we reserve the right to close your Account with us and you agree to forfeit any outstanding balance and all claims against us.
   2. We will review our Customer Database annually in order to identify any 'dormant' Accounts where funds may still be available for withdrawal. If Your Account is identified as being inactive, we will attempt to contact you using the registered details you have provided to us by methods such as telephone or email. If we have not established contact with you by such means within 12 months after we have identified your Account as “dormant” any outstanding funds held in your Account will be set aside, the Account will be closed and the funds will be made available for distribution to a nominated charity chosen by us.
   3. As required by applicable anti-money laundering laws, regulations and obligations and/or as part of our policy with regard to the source of funds placed on deposit, we reserve the right to raise queries regarding the source of any funds placed on deposit. Betkumi may, acting reasonably, suspend or terminate any Account where the response to such query/queries is not in its view satisfactory and/or may pass on such information as it deems necessary to any relevant authority.
   4. Funds can only be deposited and/ or withdrawn to your account subject to compliance with these terms.
   5. You accept that all transactions may be checked to prevent money laundering and that any transactions made by you which Betkumi deems suspicious, may be reported to the relevant authorities in your jurisdiction. Betkumi reserves the right to decline and/or reverse the withdrawal of unspent or otherwise unused deposits until the verification of these funds is deemed satisfactory.
   6. Betkumi is the Merchant of Record for this website, meaning it processes all Mobile Money payments from customers and is responsible for processing all payments, including both deposits and withdrawals.
   7. Free bets or promotional awards of any kind cannot be withdrawn.

6. Events outside our control, failures and errors

   1. Where problems occur in the software or hardware used by us to provide the Services, we will take all reasonable steps to remedy the problem as soon as reasonably practicable. Where such problems cause a game to be interrupted in circumstances where it cannot be restarted from exactly the same position without any detriment to you or other players, we will take all reasonable steps to treat you in a fair manner (which may include reinstating the balance on your Account to the position existing following completion of the last bet or game logged on our server immediately prior to the occurrence of the problem).
   2. Without prejudice to our obligations contained within the various laws and regulations of the jurisdictions where we are licensed and operate, we are not liable for any loss or damage that you may suffer caused by events outside our reasonable control, including (without limitation) power failure; trade or labour dispute; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or otherwise outside of our control. In such an event, we reserve the right to cancel or suspend our Services without incurring any liability.
   3. We are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under our direct control or not, that may prevent the operation of the Services or prevent you from being able to contact us.
   4. We will not be liable for any failure to perform by a third party to our Agreement.

7. Complaints and Disputes

   1. If you wish to raise a complaint about any aspect of our Services please contact our Customer Service team with details about your complaint, which will be escalated as necessary within our Customer Service team until resolution.
   2. If you do not agree with the decision of Customer Service team , you may then request that the matter is escalated further. In order to escalate a complaint, you will need to clearly state your reasons for not agreeing with the previous decision, and any other relevant information. The decision of our Senior Manager (having completed such escalation as we consider reasonable in the circumstances) will be considered as our final decision. However, you have a right to seek review by lodging an appeal / or seeking for arbitration with the betting regulator in your jurisdiction.
   3. When we wish to contact You, we may do so using any of Your Contact Details at our sole and absolute discretion. Notices will be deemed to have been properly served and received by You immediately after an email is sent or after we have communicated with You directly by telephone (including where we leave You a voicemail or a short message service(sms)). In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address (if any) in Your Contact Details at the time that any such email was sent; and in case of direct communication via telephone, that such a voicemail or a short message service (sms) was sent.

8. Indemnity

   1. You agree to fully indemnify, defend and hold us, and our officers, directors, employees, consultants, advisors, agents and suppliers harmless, immediately upon demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of your breach of any of the terms or the rules and regulations or any other liabilities arising out of your use of the Website or use by any other person accessing the Website or using your Account Information details.

9. Law and Jurisdiction

   1. The construction, validity and performance of this agreement will be governed by the laws of your jurisdiction of residence. The English language version of this Agreement will prevail over any other language version issued by us.
   2. Please see specific jurisdiction terms of service in our website.

10. Intellectual Property

    1. The contents of the Website are protected by international copyright laws and other intellectual property rights. The website is the property of Betkumi or/ and other third-party licensors.
    2. This information is intended for personal use only to the extent required to use a product for the purpose of placing bets or wagers, no part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent. Any commercial use or exploitation of the Website or its content is strictly prohibited.
    3. Whilst every effort is made to ensure that the information is accurate, Betkumi accepts no responsibility for any use made of the information provided on this website and excludes all liability in respect of any loss suffered by any person arising directly or indirectly from use of the information

11. Responsible Gambling

    1. Betkumi is committed to supporting Responsible Gambling initiatives and making gambling safe and secure. We take issues of responsible gambling very issues and our services are prohibited for use by underage. It is your responsibility to prevent underage from betting using your account. Please click on Responsible Gambling Policy for a detailed responsible gambling policy.

12. Contacting Us

    1. Our Customer Support team can be contacted via email address customer@betkumi.com and/or mobile telephone numbers displayed on website for each jurisdiction we operate. Please note that all calls to our Customer Service team may be recorded for efficiency and security purposes.