USER AGREEMENT/ TERMS AND
CONDITIONS
1.
General
1.1.
These User Agreement apply to the usage of games accessible through gamepawa.com
1.2.
These User Agreement comes into force as soon as you complete the registration
process, which includes checking the box accepting these User Agreement and
successfully creating an account. By using any part of the Website following
account creation, you agree to these User Agreement.
1.3.
You must read these User Agreement carefully in their entirety before creating
an account. If you do not agree with any provision of these User Agreement, you
must not create an account or continue to use the Website.
1.4.
We are entitled to make amendments to these User Agreement at any time and
without advanced notice. If we make such amendments, we may take appropriate
steps to bring such changes to your attention (such as by sms
or placing a notice on a prominent position on the Website, together with the
amended User Agreement) but it shall be your sole responsibility to check for
any amendments, updates
Your continued use of our site services
and Website after any such amendment to the User Agreement will be deemed as
your acceptance and agreement to be bound by such amendments, updates and/or
modifications.
1.5.
These User Agreement may be published in several languages for informational
purposes and ease of access by players. The English version is the only legal
basis of the relationship between you and us and in the case of any discrepancy
with respect to a translation of any kind, the English version of these User
Agreement shall prevail.
2. Binding Declarations
2.1.
By agreeing to be bound by these User Agreement, you also agree to be bound by
our site Rules and Privacy Policy that are hereby incorporated by reference
into these User Agreement. In the event of any inconsistency, these User
Agreement will prevail. You hereby represent and warrant that:
2.2.
You are over (a) 18 or (b) such other legal age or age of majority as
determined by any laws which are applicable to you, whichever age is greater;
2.3.
You have full capacity to enter into a legally binding agreement with us and
you are not restricted by any form of limited legal capacity;
2.4.
All information that you provide to us during the term of validity of this
agreement is true, complete, Correct, and that you shall immediately notify us
of any change of such information;
2.5.
You are solely responsible for reporting and accounting for any taxes
applicable to you under relevant laws for any winnings that you receive from
us;
2.6.
You understand that by using our services you take the risk of losing money
deposited into your Wallet and accept that you are fully and solely responsible
for any such loss;
2.7.
You are permitted in the jurisdiction in which you are located to use online
gaming services;
2.8.
In relation to Deposits and Withdraws of funds into and from your Wallet, you
shall only use a legal tender that is valid and lawfully belong to you and
accepted in Kenya;
2.9.
The computer software, the computer graphics, the Websites and the user
interface that we make available to you is owned by our
cite Or its associates and is protected by copyright laws. You may only use the
software for your own personal, recreational uses in accordance with all rules,
User Agreement we have established and in accordance with all applicable laws,
rules and regulations;
2.10.
You affirm that you are not an officer, director, employee, consultant or agent
of our site or working for any company related to our site, or a relative or
spouse of any of the foregoing
2.11.
You are not diagnosed or classified as a compulsive or problem gambler. We are
not accountable if such problem gambling arises whilst using our services, but
will endeavor to inform of relevant assistance available. We reserve the right
to implement cool off periods if we believe such actions will be of benefit.
2.12.
You accept and acknowledge that we reserve the right to detect and prevent the
use of prohibited techniques, including but not limited to fraudulent
transaction detection, modification of bet amount limits, automated
registration and signup, gameplay and screen capture techniques. These steps
may include, but are not limited to, examination of Players device properties,
detection of geo locations and Id masking and transactions analysis. Any
fraudulent activities may lead to suspension of your account and legal action
as stipulated in Cyber Crime Acts in governing laws.
2.13.
You accept our right to terminate and/or change any games or events being
offered on the Website, and to refuse and/or limit bets.
2.14.
You accept that we have the right to ban/block multiple accounts and freely
control the assets in such accounts.
3. RESTRICTED TERRITORIES
3.1.
The game is open to players within Kenya and who are registered with Mobile
Network Operators (MNOs) within Kenya.
4. General Betting Rules
4.1.
A bet can only be placed by a registered account holder.
4.2.
A bet can only be placed over the internet.
4.3.
You can only place a bet if you have sufficient amount in your account with our
site.
4.4.
The bet, once concluded, will be governed by the version of the User Agreement
valid and available on the Website at the time of the bet being accepted.
4.5.
Any payout of a winning bet is credited to your account, consisting of the
stake multiplied by the odds at which the bet was placed.
4.6.
Our site reserves the right to adjust a bet payout credited to your site
account if it is determined by our site in its sole discretion that such a
payout has been credited due to an error.
4.7.
A bet, which has been placed and accepted, cannot be amended, withdrawn or
cancelled by you, but will be subject to bet limits checks
4.8.
The list of all the bets, their status and details are available to you on the
Website.
4.9.
When you place a bet you acknowledge that you have read and understood in full
all of these User Agreement regarding the bet as stated on the Website.
4.10.
Our site manages your account, calculates the available funds, the pending
funds, the betting funds as well as the amount of winnings. Unless proven
otherwise, these amounts are considered as final and are deemed to be accurate.
4.11.
You are fully responsible for the bets placed.
4.12.
Winnings will be paid into your account after the final result is confirmed.
5. Bonuses and Promotions
5.1.
Our site reserves the right to cancel any promotion, bonus or bonus program
(including, but not limited to top-up rewards, invite friends to reward bonuses
and loyalty programs) with immediate effect if we believe the bonus has been
set up incorrectly or is being abused, and if the said bonus has been paid out,
we reserve the right to decline any Withdraw request and to deduct such amount
from your account. Whether or not a bonus is deemed to be set up incorrectly or
abused shall be determined solely by our site.
5.2.
If you use a Deposit Bonus, no Withdraw of your original deposit will be
accepted before you have reached the requirements stipulated under the User
Agreement of the Deposit Bonus.
5.3.
Where any term of the offer or promotion is breached or there is any evidence
of a series of bets placed by a customer or group of customers, which due to a
deposit bonus, enhanced payments, free bets, risk free bets or any other
promotional offer results in guaranteed customer profits irrespective of the
outcome, whether individually or as part of a group, our site reserves the
right to reclaim the bonus element of bets at the correct odds, void the free
bet bonus and risk free bets or void any bet funded by the deposit bonus. In
addition, our site reserves the right to levy an administration charge on the
customer up to the value of the deposit bonus, free bet bonus, risk free bet or
additional payment to cover administrative costs. We further reserve the right
to ask any customer to provide sufficient documentation for us to be satisfied
in our absolute discretion as to the customer's identity prior to us crediting
any bonus, free bet, risk free bet or offer to their account.
5.4.
All our site offers are intended for recreational players and our site may in
its sole discretion limit the eligibility of customers to participate in all or
part of any promotion.
5.5.
Our site reserves the right to amend, cancel, reclaim or refuse any promotion
at its own discretion. 5.6. Bonuses can only be received once per
person/account, family, household, address, phone number, 1P addresses and
environments where computers are shared (university, fraternity, school, public
library, workplace, etc). The Operator reserves the
right to close your account and confiscate any existing funds if evidence of
abuse/fraud is found.
5.7.
You acknowledge and understand that separate User Agreement exist with respect
to promotions, bonuses and special offers, and are in addition to these User
Agreement. These User Agreement are set forth in the respective content page on
this website, or have been made available to you personally, as the case may
be. In the event of a conflict between the provisions of such promotions,
bonuses and special offers, and the provisions of these User Agreement, the
provisions of such promotions, bonuses and special offers will prevail.
5.8. We may insist that you bet a certain
amount of your own deposit before you can bet with any free/bonus funds we
credit to your account.
5.9.
You accept that certain promotions may be subject to Withdraw restrictions
and/or requirements which need to be met before funds credited under the
promotion can be withdrawn. Such terms shall be duly published and made
available as part of the promotion. If you opt to make a Withdraw before the
applicable wagering requirements are fulfilled, we will deduct the whole bonus
amount as well as any winnings connected with the use of the bonus amounts
before approving any Withdrawal.
6. Live Chat
6.1.
As part of your use of the Website we may provide you with a live chat
facility, which is moderated by us and subject to controls. We reserve the
right to review the chat and to keep a record of all statements made on the
facility. Your use of the chat facility should be for recreational and socialising purposes.
6.2.
We have the right to remove the chat room functionality or immediately
terminate your Wallet and refund your account balance if you: (a) make any
statements that are sexually explicit or grossly offensive, including
expressions of bigotry, racism, hatred or profanity: (b) make statements that
are abusive, defamatory or harassing or insulting: c)use the chat facility to
advertise, promote or otherwise relate to any other online entities; (d) make
statements about our site, or any other Internet sitels)
connected to the Website that are untrue and/or malicious and/or damaging to
our site; e) use the chat facility to collude, engage in unlawful conduct or
encourage conduct we deem seriously inappropriate. Any suspicious chats will be
reported to the competent authority.
6.3.
Live Chat is used as a form of communication between us and you and should not
be copied or shared with any forums or third parties.
7. Limitation of Liability
7.1.
You enter the Website and participate in the Games at your own risk. The
Websites and the Games are provided without any warranty whatsoever, whether
expressed or implied.
7.2.
Without prejudice to the generality of the preceding provision, we, our
directors, employees, partners, service providers
7.3.
Do not warrant that the software, Games and the Websites are fit for their
purpose;
7.4.
Do not warrant that the software, Games and the Websites are free from errors;
7.5.
Do not warrant that the software, Games and the Websites will be accessible
without interruptions 7.6. Shall not be liable for any loss, costs, expenses or
whether direct, indirect, special, damages, consequential, incidental or
otherwise, arising in relation to your use of the Websites or your
participation in the Games.
7.7.
You understand and acknowledge that, if there is a malfunction in a Game or its
interoperability, any bets made during such a malfunction shall be void. Funds
obtained from a malfunctioning Game shall be considered void, as well as any
subsequent game rounds with said funds, regardless of what Games are played
using such funds.
7.8.
You hereby agree to fully indemnify and hold harmless us, our directors,
employees, partners, and service providers for any cost, expense, loss,
damages, claims and liabilities howsoever caused that may arise in relation to
your use of the Website or participation in the Games.
7.9.
To the extent permitted by law, our maximum liability arising out of or in
connection with your use of the Websites, regardless of the cause of actions
(whether in contract, tort, breach of warranty or otherwise), will not exceed
KES 10,000.
8.Account Security
8.1.
You are responsible for all bets placed on your account, so it's crucial to
keep your account access information (such as your username, password, and
account number) confidential. Gamepawa will not be
liable if this information is compromised.
8.2.
If there are enough funds in your account, all bets will be valid if your
username and password are entered correctly, regardless of who enters them.
8.3.
If you suspect that someone else knows your access information, change it
immediately through the website. Contact us if you need assistance with this.
8.4.
Our website may contain links to third-party websites, plug-ins, and
applications. Clicking on these links or enabling these connections might allow
third parties to collect or share your data. We do not control these
third-party websites and are not responsible for their terms and conditions or
privacy policies. When you leave our website, we recommend reading the privacy
policy of every website you visit.
8.5.
You can set your browser to refuse all or some cookies or to alert you when
websites set or access cookies. If you disable or refuse cookies, some parts of
our website may become inaccessible or not function properly.
8.6.
If you lose your account details or believe someone else has your access
information, contact us using the official communication channels provided on
the website
9.Dormant Accounts
9.1.An account will be deemed dormant if there has been no
activity for 365 consecutive days. For clarification purposes, account activity
includes:
(i) making a deposit
(ii)
withdrawing funds, or
(iii)
placing a bet.
9.2.Gamepawa may close your account remains if it remains
inactive for 365 consecutive days. After closure, we may notify the user and
refund process can be initiated according to legal requirements minus any
applicable costs.
10.
Breaches, Penalties and Termination
10.1.
If you breach any provision of these User Agreement or we have a reasonable
ground to suspect that you have breached them, we reserve the right to not
open, to suspend, or to close your account, or withhold payment of your
winnings and apply such funds to any damages due by you.
11.
Reversals
11.1
In the event that you make an erroneous deposit or you need a reversal of your
deposited funds, you can ;
i.
Contact Safaricom customer care or
ii.
Make a call to our customer care via 0703637127 or
iii.
Share the Mpesa transaction message via
WhatsApp to 0703637127 or
iv. Share the Mpesa transaction message via SMS to 0703637127
NOTE;
The reversal process will include validation before a reversal is initiated.
This may take upto 72hrs.
Game
Guys Ltd is committed to ensuring we maintain the highest code of business
ethics in regards to erroneous transactions as guided by the law.