Conditions of Agreement - Section A

 

1. Introduction

1.1. These Terms govern your use of having an account and placing bets with Sunbet. By accessing the Sunbet website, creating a Player Account and/or when placing a bet with Sunbet, you will be deemed to have agreed to be bound by and to have read, understood and will be adhering to these Terms including the general Terms and Conditions at any time applicable to Sunbet and its Privacy Policy , accessed at https://www.sunbet.co.za/.

1.2. It is very important for you to understand and agree to be bound by these Terms and the Rules (including the Privacy Policy) before you enter into a transaction with Sunbet.

1.3. Sunbet reserves the right to make changes to the Sunbet website, betting limits, payout limits and offerings.

1.4. Sunbet reserve the right to change, all or parts of these Terms and Conditions from time to time, which changes will become effective upon it being posted to the website. Your continued use and access of the Services following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by the revised Terms and Conditions. Please periodically check on the Sunbet website for any such changes or updates.

1.5. No failure by any Party to enforce any provision of these Terms and Conditions shall constitute a waiver of such provision or affect in any way such Party’s right to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.

1.6. The entire provisions of these Terms shall be governed by and construed in accordance with the substantive laws of the Republic of South Africa. 

1.7. You agree that the content made available through the Sunbet website reflects the views of the author and do not necessarily constitute our official opinion unless stated otherwise.

 

2. Interpretation

2.1. Any reference in these Terms to:

2.1.1. Words/objects that appear in singular also applies to plural;

2.1.2. References to gender are non-binding and to be treated for information purposes only; and

2.1.3. Natural persons include legal entities and vice versa.

2.2. If any term or provision of these Terms and Conditions be invalid, unenforceable, defective or illegal for any reason whatsoever, then the remaining terms and provisions of these Terms and Conditions shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability, defect or illegality goes to the root of these Terms and Conditions.

2.3. Clause headings in these Terms are inserted purely for convenience and shall not be taken into account in the interpretation of the contents of the Clauses to which they relate.

2.4. If any provision of these Terms is void, that provision will not affect the validity of the remaining provisions of these Terms.

2.5. Where any term is defined within the context of any particular Clause in these Terms, the term so defined, unless it is clear from the Clause in question that the term so defined has limited application to the relevant Clause, shall bear the meaning ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this interpretation Clause.

2.6. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is contained in the definition Clause, effect shall be given to it as if it were a substantive provision in the body of the agreement.

2.7. Any number of days or months provided for in these Terms shall be counted exclusively of the first and inclusively of the last day or month.

2.8. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.

2.9. The words “include” and “including” shall be construed as being by way of example or emphasis only and shall not be construed as, nor have the effect of, limiting the generality of any preceding word/s.

2.10. The words “other” and “otherwise” shall not be construed as the same as with any preceding words where a wider construction is possible.

 

3. Definitions

In these Terms -

3.1. “Accumulative Bet” means a bet placed as a simultaneous prediction of outcomes of events which are completely independent of each other, and in respect of which –

3.1.1. The winning amount is the amount of the bet wagered multiplied by the combined odds;

3.1.2. The total odds are calculated as a multiplication of all the odds of all event outcomes included in such combination bet, and

3.1.3. A winning outcome requires all outcomes of all the events included in such combination bet to have been predicted correctly by the Customer.

3.2. “Applicable Laws” means any applicable statute, law, ordinance, rule, regulation, order, judgement or decree, enacted, adopted, issued or promulgated by any federal, national, state, regional, local, international, or multinational government, governmental, regulatory, or administrative authority, agency or commission, or any court, tribunal, or judicial or arbitral body of competent jurisdiction.

3.3. “Customer” or “you” is any person who applies for a Player Account, in whose name a Player Account is opened, or who places a bet with Sunbet, as the context may indicate.

3.4. "Error" is a mistake, misprint, misinterpretation, mishearing, misreading, mistranslation, spelling mistake, technical hazard, registration error, transaction error, manifest error, force majeure and/or similar. Examples of errors include, but are not limited to:

3.4.1. bets accepted during technical problems that would otherwise not have been accepted;

3.4.2. bets placed on events/offers that have already been decided;

3.4.3. bets on markets containing incorrect participants;

3.4.4. bets placed at odds that are materially different from those available in the general market at the time the bet was placed;

3.4.5. bets offered at odds which reflect an incorrect score situation; or else,

3.4.6. odds being clearly incorrect given the chance of the event occurring at the time the bet was placed.

3.5. "Influence Betting" is an act, prohibited by Sunbet, where you, or parties acting in association with you, can influence the outcome of a match or an event - directly or indirectly.

3.6. “FIC Legislation” is collectively the FIC Amendment Act No.1 of 2017 and its sub-ordinate Regulations, as may be amended from time to time.

3.7. “Intellectual Property” is all intellectual property subsisting in, pertaining to or used on the Sunbet website including, patents, designs, inventions, Trade Marks, service marks, domain names and URL’s, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.

3.8. “Limits” are such minimum or maximum amounts as may be stipulated by Sunbet in respect of Stakes, betting markets, specific bet types, odds or pay-outs, as the case may be.

3.9. “Overtime” or “Extratime” refers to an additional period of play specified under the Rules of a sport to bring a game to a decision and avoid declaring the match a tie or draw where the scores are the same.

3.10. “Parties” are collectively Sunbet and the Customer, and “Party” refers to either of them as the context may indicate.

3.11. “Player Account” is an account opened in the name of the Customer by Sunbet for the purposes of you betting on the Sunbet website, as more fully described in these Terms.

3.12. “Personal Information” means information which relates to you (whether an identifiable living natural person or identifiable, existing juristic person or otherwise), including, information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and your birth; information relating to your education or the medical, financial, criminal or employment history; any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to you; your biometric information; your personal opinions, views or preferences, correspondence uploaded by you that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about you, and your name if it appears with other personal information relating to you or if the disclosure of the name itself would reveal information about you, your location based data tracked through the global positioning system functionality on your device and any other personal information obtained by way of tracking your location through your device’s global positioning system.

3.13. “Process” means any operation or activity, whether automated or not, concerning Personal Information, including, the collection of, receipt, recording, organisation, collation, storage, updating or modification, retrieval, consultation, use, dissemination by means of transmission, distribution or making available in any other form, merging, linking as well as blocking, degradation, erasure or destruction of information, and the term “Processing” shall have the corresponding meaning.

3.14. “Rules” are the specific rules applicable to a particular sport or game, as more fully detailed in Sections B to E hereto, as may be amended from time to time.

3.15. “Stake” means the monetary value, consideration or thing of value made by the Customer in placing a bet.

3.16. “Sunbet” means Sunbet (Pty) Ltd, a private company duly incorporated under the laws of South Africa, with registration number 2008/014410/07, and the holder of a bookmaker licence issued by the Western Cape Gambling and Racing Board.

3.17. "Syndicate Betting" is an act, prohibited by Sunbet, where there is an arrangement between you and other Customers in terms whereof you collectively act together to place a series of bets, containing the same selections, on the same event or competition. Sunbet has reason to believe that these bets originate from or were placed for and on behalf of the same Customer, group of Customers or group of people acting in conjunction with one another, Sunbet reserves the right to make the relevant bets void and/or withhold payment of returns pending the outcome of subsequent investigations.

3.18. “Terms” are these Terms and Conditions, and shall include such amendments as may be made thereto from time to time.

3.19. “Trade Marks” means all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised on or in relation to the Sunbet website and its services.

 

4. Disputes

4.1. The use of these Terms is subject to the regulations imposed by the Western Cape Gambling and Racing Board.

4.2. In the event that a dispute arises between a Customer and Sunbet in relation to the liability of Sunbet to pay alleged winnings to the Customer and/or these Terms should be emailed to support@sunbet.co.za. Should the reply not be considered satisfactory, and the dispute cannot be resolved between the parties, the dispute may be referred to the Western Cape Gambling and Racing Board (“the Board”) for resolution.

4.3. Sunbet 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.

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

4.5. If either Sunbet 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.

4.6. 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.

 

5. Eligibility to Bet

5.1. No person may apply for an account or place a bet with Sunbet or enforce any debt arising out of a bet unless that person -

5.1.1. Is a natural person (companies, close corporations and other corporate entities are disqualified from betting) with full capacity to contract;

5.1.2. Is 18 years of age or older. Sunbet reserves the right to request proof of age;

5.1.3. Has completed in full a Player Account application form and fulfilled any regulatory requirements, inclusive of requirements set out in the FIC Legislation, and been accepted as a Customer by Sunbet;

5.1.4. Is not an excluded person in terms of Sunbet’s responsible gambling programme or is not listed as an excluded person by the Western Cape Gambling and Racing Board or is not listed as an excluded person in the national register of excluded persons referred to in section 14 of the National Gambling Act, 2004 , and

5.1.5. Is not in breach of these Terms.

5.2. If a Customer is no longer able to read, understand, agree and comply with all Sunbet rules, policies, terms and conditions without exception, such Customer undertakes to cease operating their Sunbet Player Account immediately and he/she shall request Sunbet to close the Player Account.

5.3. Sunbet will cancel and void all bets and return all money deposited to any Player Account where it reasonably believes that the Player is under the age of 18. Accordingly, winnings shall not be paid to any person who is under the age of 18, and such winnings will be dealt with in terms of Sunbet’s internal policies.

 

6. Regulatory Compliance

6.1. FIC Legislation

6.1.1. Sunbet is an Accountable Institution in terms of the FIC Legislation and is obliged to comply with the requirements thereof. Sunbet is obliged, amongst other things, to identify its Customers, verify their identities and to perform other regulatory verifications as may be necessary.

6.1.2. Pursuant to a risk-based approach, Sunbet may implement its own requirements to give effect to the FIC Legislation.

6.1.3. Only natural persons may open a Player Account with Sunbet.

6.1.4. Sunbet will require from you, as a minimum, the following mandatory information (inclusive of proof thereof), at the appropriate stage(s) as and when Sunbet deems it necessary:

6.1.4.1. Your Full name and surname;

6.1.4.2. Your Identity number or Passport number;

6.1.4.3. Your Nationality (foreigners only). A copy of a valid passport will be required in respect of Customers who are foreigners (i.e. non-residents);

6.1.4.4. Your Residential address;

6.1.4.5. Your Occupation;

6.1.4.6. Any other field which is marked as mandatory; and

6.1.5. Proof of identification of all South African citizens and residents will be required in the form of a copy of either (a) South African identity document/card or; (b) valid South African driver’s licence or; (c) valid South African passport or; (d) valid temporary South African identity document.

6.1.6. Where Sunbet requires proof of your residential address, this may be submitted to Sunbet in any of the following formats (a) municipal or utility bill; or (b) telephone or cell phone account; or (c) letter from an Accountable Institution or financial services provider; or (d) co-habitants declaration; or (e) such other documentation that Sunbet may accept.

6.1.7. A clear and legible copy of the relevant identification documents required from Sunbet from you is to be transmitted by you to Sunbet by way of email, facsimile or other means approved by Sunbet.   

6.1.8. Other than minor typographical errors, the proof of identification and other information furnished by the Customer must correspond identically to the information used for registration purposes.

6.2. The Customer undertakes to advise Sunbet, in writing, of any changes in details that might have an effect on an approved application or the Customers’ creditworthiness, legal capacity or continued eligibility as a customer.

6.3. Direct Marketing

6.3.1. You hereby consent to being included in Sunbet’s marketing mailing list.

6.3.2. You may elect to opt out of receiving marketing correspondence by using the appropriate links in emails to unsubscribe or replying STOP to a SMS or utilizing other means offered by Sunbet to exercise this right.

6.3.3. You hereby undertake to notify Sunbet of any errant marketing communications received following your opt-out request or exclusion request, bearing in mind that opt-outs may only become effective after a reasonable period following the request.

6.4. Protected Personal Information

Please refer to Section F (Privacy Policy) in respect of your and Sunbet’s rights in respect of your Protected Personal Information.

6.5. PAIA and Disclosure under the Electronic Communications Act 36 of 2005

Please refer to Section F (Privacy Policy) in respect of our disclosures in compliance with section 43(1) of the Electronic Communications Act 36 of 2005.

The PAIA manual can be viewed here.

 

7.    Your use of a Player Account

7.1. Customer Accounts will be created in your full name and surname. You further acknowledge and agree that in relation to your Customer Account -

7.1.1. Third parties are not permitted to transact on the account on your behalf.

7.1.2. It is your sole responsibility to protect your login credentials and passwords.

7.1.3. Any transactions concluded on your Customer Account will be deemed to be you by Sunbet.

7.1.4. You accordingly accepts all transactions that occur on your Player Account to be your own.

7.1.5. In the event of a dispute regarding the afore-going, the onus of proof shall rest on you.

7.2. The Customer is 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 will –

7.2.1. Not apply for or hold more than one account with Sunbet;

7.2.2. Not apply for, or hold an account in the name of or on behalf of any other person; and

7.2.3. Not permit or enable any other person to place a bet, directly or indirectly, using the Customer’s account reference number, user name or personal identification number issued to the Customer by Sunbet from time to time.

7.3. Sunbet will not honour any transaction concluded in the manner described in Clauses 7.2 or pay out any winnings in respect of any bet placed in relation to such an account. The Customer will be responsible for any claims, losses or damages incurred by Sunbet arising out of the use of an account contrary to this Clause 7.

7.4. The Customer undertakes to notify Sunbet immediately if 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 will be responsible for all bets placed with Sunbet and any payments made by/to Sunbet in respect of any purchase and/or transaction concluded on the Customer’s account before the Customer has notified Sunbet that any of these circumstances has arisen.

7.5. Sunbet reserves the right to void any bets found to have been placed by a single customer using multiple accounts.

7.6. The Customer is responsible for ensuring the ongoing security of all of his/her account-related information and indemnifies Sunbet against any claim arising from the Customer’s negligence in failing to adequately protect his/her account information, including, but not limited to, the Customer’s password.

7.7. Sunbet reserves the right to use reasonable steps to independently determine the veracity of any information furnished to it by you.

7.7.1. In instances where any of the information used for registration which cannot be verified or which differs materially from the proof you have submitted or which differs materially from Sunbet’s own verifications, Sunbet reserves the right to suspend or terminate your Customer Account.

7.7.2. In such instances, your Customer Account will not be accessible and Sunbet shall not accept any liability arising out of such action taken by it in this regard.

7.8. Sunbet reserves the right to suspend or terminate your Customer Account if any have not furnished any mandatory information or where the necessary processes has not been followed or for any other reason that would render the Customer Account non-compliant with regulatory requirements.

7.9. The Customer warrants that all information provided in the Customer Account application form completed by him/her is and will remain true and correct.

7.10. Sunbet will rely on this information. If any information provided by the Customer is found to be incorrect or untrue, the Customer will be liable to pay for any damages suffered by Sunbet.

7.11. TO THE FULLEST EXTENT PERMISSIBLE UNDER ALL APPLICABLE LAW, YOU HEREBY INDEMNIFY AND HOLD SUNBET HARMLESS, ITS EMPLOYEES AND AGENTS, AND ANY ENTITY WHICH IS PART OF SUN INTERNATIONAL'S GROUP OF COMPANIES, AGAINST ANY LIABILITY, DAMAGES AND/OR LEGAL ACTION WHATSOEVER AND HOWSOEVER ARISING, INCLUDING NEGLIGENCE ON THE PART OF SUNBET, ITS EMPLOYEES OR AGENTS AND SUNBET SHALL NOT ACCEPT LIABILITY FOR ANY DAMAGES OR ANY TYPE OF LOSS SUFFERED BY CUSTOMERS WHO TRANSACT WITH SUNBET AND MAKE USE OF THE SUNBET WEBSITE.

7.12. The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. YOU AGREE AND ACKNOWLEDGE THAT YOU BEAR ALL RISK OF TRANSMITTING INFORMATION IN THIS MANNER. Under no circumstances shall we be liable for any loss, harm, or damage suffered by the user as a result thereof. Sunbet reserves the right to request independent verification of any information transmitted via email and you hereby consent to such verification should we deem it necessary.

 

8.    Application Process

8.1. Should you wish to open a Player Account with Sunbet, you shall complete the Player Account application form posted on Sunbet’s website, as amended from time to time.

8.2. You hereby warrant that all information provided in the Player Account application form completed by you is and shall remain true and correct for so long as you use, enter and/or bet on the Sunbet website. You hereby undertake and agree, in writing, to advise Sunbet of any changes in –

8.2.1. The details provided on your Player Account Application Form;

8.2.2. your legal status or capacity;

8.2.3. your creditworthiness;

8.2.4. your eligibility to bet, or

8.2.5. Any other matter that may reasonably be expected to have a negative impact on your capacity or ability to manage your Player Account.

8.3. In the Player Account application form, you shall indicate whether you wish to bet against –

8.3.1. A cash deposit placed with Sunbet by you from time to time, or

8.3.2. An amount of cash to be drawn by Sunbet as a deposit from your credit card account.

8.4. Your Player Account application will be granted, and your Player Account will be opened, if and when Sunbet informs you thereof or accepts a bet/s after receiving your completed Player Account application form.

8.5. Sunbet reserves the right to:

8.5.1. Accept an application for a new account;

8.5.2. Decline an application for a new account for any reason whatsoever;

8.5.3. Stop accepting bets, close, limit or suspend the account, assign individual betting limits to a specific Customer or group of Customers in its sole discretion and without giving prior notice to the Customer(s) concerned.

 

9. Banking - Deposits

9.1. The Customer acknowledges that the cash or credit card deposits referred to in Clause 2.3 will be held and applied as security for the discharge by the Customer of any amount which may become owing by the Customer to Sunbet.

9.2. The Customer may make or authorise cash deposits or credit card deposits into his/her Player Account at any time.

9.3. Cash deposits may be made –

9.3.1. By an electronic transfer of funds into Sunbet’s banking account. In such cases, the Customer is required to transmit proof of transfer of the relevant funds, reflecting the amount transferred and the Player Account Number of the Customer, to –

9.3.1.1. Support@Sunbet.co.za, in the case of transmission by e-mail; or

9.3.1.2. (0866 476 002), in the case of transmission by fax;

9.3.2. By depositing cash directly into the banking account of Sunbet. In such cases, the Customer is required to transmit proof of deposit of the relevant funds, reflecting the amount transferred and the Player Account Number of the Customer, to –

9.3.2.1. Support@Sunbet.co.za, in the case of transmission by e-mail; or

9.3.2.2. (0866 476 002), in the case of transmission by fax.

9.4. Once Sunbet has been made aware of a deposit made by a Customer, Sunbet may need to wait until the funds reflect and clear in its account before any money is credited to the Customer’s account.

9.5. Where the Customer makes a direct deposit into the banking account of Sunbet, as contemplated in Clause 9.3, a clearing period of 48 hours will apply before the funds are allocated to the Player Account of the Customer, during which period no bets will be accepted against any such amount(s) deposited.

9.6. 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 Player Account is held, unless verbal agreement to the contrary has been reached between the Parties and duly recorded on a telephone line.

9.7. Credit card deposits can be made using Visa, Mastercard, Diners Club or American Express –

9.7.1. On the Sunbet website, in “Services”, or

9.7.2. No interest shall accrue on any deposits held by Sunbet.

9.8. Sunbet reserves the right to charge a 5% administration fee on amounts deposited by credit card.

9.9. Once you have committed a payment to Sunbet via your credit card, and pending payment of such amount into Sunbet's banking account, you shall remain personally liable to Sunbet for any such amount, which shall under no circumstances be construed as the extension of credit to you for the purposes of engaging in betting.

9.10. Cheques made out in favour of Sunbet may be accepted as payment; provided that the allocation of any such funds to your Player Account shall take place only once the funds have been cleared by Sunbet’s bankers, pending which no bets will be accepted against any such amount(s) paid.

9.11. You are entitled to replenish any cash deposit referred to in these Terms at any time.

9.12. The banking account details of Sunbet are as follows:

 

Name of account holder: Sunbet (PTY) LTD

Financial Institution: First National Bank

Account number: 62210452091

Branch: Sandton City

Branch Code for EFT: 254605

 

Name of account holder: Sunbet (PTY) LTD

Financial Institution: Absa

Account number: 4081174672

Branch: Sandton City

Branch Code for EFT: 632005

 

Name of account holder: Sunbet (PTY) LTD

Financial Institution: Standard Bank

Account number: 252317920

Branch: Sandton City

Branch Code for EFT: 019205

            

Name of account holder: Sunbet (PTY) LTD

Financial Institution: Nedbank

Account number: 1160789746 

Branch Code for EFT: 198765

 

10. Payment of Winning Bets

10.1. Sunbet shall credit the Customer’s Player Account in respect of winnings and refunds accruing to the Customer in consequence of bets placed on an ongoing basis.

10.2. In the event that funds are incorrectly credited to the Customer’s account, the Customer shall be obliged to notify Sunbet of the aforesaid error without delay. Any betting transactions processed on the strength of such error, which cannot be financed by the funds actually standing to the credit of the Customer’s Player Account, shall be void.

 

11.  Banking - Withdrawals

11.1. The minimum withdrawal amount is R50.

11.2. Withdrawals can be made by you by completing and submitting a withdrawal request form to Sunbet. A copy of the withdrawal request form is available at www.sunbet.co.za.

11.3. You acknowledge that Sunbet will process withdrawal requests on weekdays (excluding public holidays) only. Subject to these terms and conditions, withdrawals will be processed on the next weekday following the day on which the withdrawal request was received.

11.4. Sunbet reserves the right in respect of withdrawal requests, amongst other rights, to:

11.4.1. Perform such investigations or verifications as may be necessary to confirm that the amount requested by you;

11.4.2. Effect any deductions or adjustments which may be required;

11.4.3. Transfer the amount requested to the specific personal bank account nominated by you in the Player Account application form or specified in a subsequent written notice signed by you and delivered to Sunbet; and

11.4.4. Decline the withdrawal request where the requested amount exceeds the account balance or which amount is not available in your Player Account.

11.5. Further to the above, Sunbet reserves the right to not process any withdrawal request in the following circumstances:

11.5.1. Identification records or proof documentation are outstanding;

11.5.2. Non-compliance of the account with any other regulatory or Sunbet requirement;

11.5.3. Conflicting banking details; and

11.5.4. The Customer has not paid to Sunbet any amount that is due to it.

11.6. In respect of clause 11.4.4 above, Sunbet reserves the right to offset any amount owed to it from the balance standing to the credit of the Customer.

11.7. In the event that a withdrawal request is successful, Sunbet will take the necessary reasonable steps to give instructions to its financial institution at least 1 day after the day on which (1) the Customer’s funds became available; or (2) the Customer’s funds were confirmed; or (3) Sunbet’s investigations or verifications were concluded, to effect the payment concerned. Sunbet has no control over clearance periods or the timing of transactions between its financial institution and the Customer’s financial institution in respect of the payments concerned.

11.8. Sunbet is only able to pay out to South African bank accounts.

 

12.  Recovery of Amounts Owing

12.1. Sunbet reserves the right to recover amounts from Players in the following circumstances:

12.1.1. In the event of a debit balance in the Customer’s Player Account owing to the erroneous acceptance of a bet in excess of limit reflected on the Player’s Account,

12.1.2. where Sunbet has in error:

12.1.2.1. credited a Player’s Account through incorrect bet settlement and the Player has spent all or part of the incorrectly credited amount;

12.1.2.2. incorrectly allocated funds to a Player’s Account and the Customer has spent all or part of the incorrectly allocated amount ; or

12.1.2.3. Where a Customer places a bet in contravention with these Terms and Conditions, and such bet is subsequently adjusted with the effect that the Customer has spent all or part of the adjusted balance resulting in a negative Player Account balance.

12.2. The Customer shall, on a weekly basis, make payment in full to Sunbet of such amount either –

12.2.1. By depositing the relevant amount directly into the banking account of Sunbet, in which event –

12.2.1.1. The Customer’s Player Account number must be entered on the base of the deposit Slip; and

12.2.1.2. A copy of the deposit slip must be forwarded to Sunbet by the Customer, or

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

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

12.4. A certificate signed by any director, manager, assistant manager, trader or accountant of Sunbet (whose appointment or authority need not be proved) stating the amount of the Customer’s indebtedness to Sunbet, shall be prima facie proof of such indebtedness.

12.5. Should any bets be placed with monies mistakenly credited to a Customer’s account, Sunbet reserves the right to void such bets and cannot be held liable for any losses sustained by the Customer.

 

13. Adjustments

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

 

14.  Suspension or Termination of Betting Facilities

14.1. Sunbet 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 –

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

14.1.2. Any amounts owing by the Customer to Sunbet shall become payable immediately.

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

14.3. Sunbet shall accept no further bets on a Player Account from a Customer in respect whom the provision of services pursuant to these Rules has been terminated, unless and until a new Player Account application form has been submitted by the Customer and accepted by Sunbet.

14.4. Sunbet reserves the right, and at its sole discretion, to determine the bet offerings to be made available by it, including but not limited to: the events, markets, all betting options, odds, and the acceptance or refusal of any bets. Sunbet may make available or terminate betting offerings on any sports, events, markets and betting options at its sole discretion and reserves the right to make any changes without notice to the customer.

 

15.  Bet Acceptance

15.1. A bet is not valid until it is validated and shows in the Customer’s bet history. In cases of uncertainty about the validity of a bet, the Customer is requested to check the open (pending) bets, or contact Customer Service.

15.2. Unless accepted in Error, once accepted, a bet will remain valid and cannot be withdrawn. It is the responsibility of the Customer to ensure details of the bets placed are correct. Under no circumstance Sunbet will accept any responsibility for any mistakes (perceived and actual), deriving from either Errors, or any other reason, such as but not limited to, incorrect listing of the odds/betting objects.

15.3. Should a dispute arise about the acceptance (or lack thereof) of any transaction in the Customer's account, the transaction log database will be the ultimate authority in deciding such matters.

15.4. Sunbet may in its sole discretion elect whether to accept or to reject a bet requested by a Customer, or any component thereof.

15.5. The Customer shall be responsible for ensuring that each bet is accurately placed and recorded by Sunbet. Sunbet shall furnish such confirmation of a bet to the Customer as may be required by any Applicable Law or reasonably requested by the Customer.

15.6. 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, which are available at under the terms and conditions sub0sections General Betting Rules and Sports Specific/Category Rules & Limits, or which may be procured from Sunbet on written request.

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

15.8. Bets shall be subject to such Limits as are determined and displayed in these Terms or as may be posted on the website of Sunbet from time to time. It is the responsibility of the Customer to establish the prevailing Limits prior to betting on any contingency. Erroneously accepted bets which exceed the prevailing Limits may be adjusted at the sole discretion of Sunbet.

15.9. Online bets are subject to the daily limits below –

15.9.1. The maximum daily winnings on any combination of fixed odds bets is R1 250 000.

15.9.2. Sports bets are subject to the daily limit per Customer below;

15.9.3. Singles: R1 250 000

15.9.4. Multiples: R1 250 000

15.9.5. Horse Racing bets are subject to the daily limit per Customer below;

15.9.6. Singles: R1 250 000; and

15.9.7. Multiples: R1 250 000.

The amounts listed below are to be considered as the maximum net amounts that can be won on a single day. For the purpose of clarity, a single day is to be considered as the races which have started between 00:00CET and 23:59CET.

15.10. Sunbet Management reserves the right (in its sole discretion) to increase or decrease all limits based on Sunbet’s risk management program, which entails the profiling of its client base and the monitoring of their betting behaviour against various indicators to establish the level of risk associated with each client, in compliance with any Applicable Laws.

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

15.11.1. Recorded on or reflected by Sunbet betting terminals or wagering software, or

15.11.2. Confirmed by voice recording devices, will not be recognized by Sunbet.

15.12. The time of acceptance of a bet shall be the time at which such bet was recorded on Sunbet betting terminals and/or on the wagering software used by Sunbet.

15.13. Bets on all events are accepted for regular time, unless otherwise specified in these Rules.

15.14. Any betting transaction between Sunbet and the Customer will only be valid once the bet in question has been accepted by an employee of Sunbet situated on licensed premises operated by Sunbet, or electronically by a software programme operated from any such premises. Irrespective of the origin or physical location of any telephone call or electronic signal used to make bets. Such a bet will be deemed to have been placed at such licensed premises.

15.15. While Sunbet 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, unless caused by the intentional conduct or gross negligence of Sunbet. Sunbet reserves the right to correct any such errors in any manner it deems fit. To the greatest extent possible in law, the Customer indemnifies and holds Sunbet harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered by the Customer in consequence of any such error, which will be for the account of the Customer and in respect of which no claim will lie against Sunbet.

15.16. Any bet accepted after the “off” or starting time of the event on which bet is placed (other than bets in-running) will be of no force or effect. Any bets taken on results already known at the time of the placement of such bets will be cancelled by Sunbet and the stake returned to the Customer.

15.17. Additional or new markets may be made available by Sunbet from time to time. It is the Customer’s responsibility to read the "Rules" applicable to those markets before placing any bets. If no such Rule exists the Board Rules will apply.

15.18. The Customer will under no circumstances place a bet or attempt to place any bet which, calculated together with any other bets then outstanding, exceeds the Customer’s credit balance with Sunbet, or the net amount on deposit with Sunbet (after all adjustments in respect of taxes, winnings and losses up to the time of placing of the bet). It will be the Customer’s responsibility before placing a bet to ensure that his/her credit balance or cash deposit will not be exceeded by placing a bet.

15.19. If, owing to a system malfunction or for any other reason, Sunbet accepts a bet, it will be entitled at its election either before, 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 on such a bet. Alternatively, Sunbet may restrict the size of any stake without notification to the Customer, to ensure that the credit limit or deposit is not exceeded.

15.20. Acceptance by Sunbet of a bet over the credit or deposit limit, as the case may be, will not prevent Sunbet from exercising its rights –

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

15.20.2. To enforce the appropriate deposit limits at any later time.

15.21. All bets and markets are subject to minimum and maximum stakes. The website will automatically adjust the stake on any bet that exceeds the maximum, prior to the acceptance or finalisation of the Customer’s bet. It is the Customer’s responsibility to ensure that they are aware of any stake limit applied. All maximum stakes apply per customer, per bet and per day. The Customer warrants that he/she will not deliberately attempt to exceed the Stake Limits and that any bets placed in an attempt to avoid the application of these limits, including bets placed on accounts held by other customers and multiple bets placed on a single account in order to exceed the stake limit, will be voided at Sunbet’s discretion.

 

16.  Confidentiality of Betting Transactions

All betting transactions between Sunbet and a Customer or another bookmaker shall be strictly private and shall not be divulged to any third party other than –

16.1. An officer or an inspector appointed in terms of any applicable legislation,

16.2. A police official as defined in section 1 of the Criminal Procedure Act, 1977 (Act 51 of 1977),

16.3. A person specially authorised thereto in terms of any legislation,

16.4. Pursuant to the terms of an order of a competent court compelling such disclosure, or

16.5. With the consent of the Customer.

 

17. Betting and Payout Limitations

17.1. Sunbet reserves the right to Limit the net payout (the payout after the Stake has been deducted) on any bet or combination of bets made by you at Rand value. This Limit may be lower depending on the specific sport, league and type of bet offer. For further information it is recommended to consult the Sport Specific Limits in <Section C, Para 32>.

17.2. All bet selections are subject to pre-imposed Limits set solely at Sunbet's discretion which may be lower than the Limits mentioned in <Section A, Para 4.1> and <Section C, Para 32>. Should this Limit be reached, you have the right to ask for it to be exceeded by means of a request effected through Sunbet's platform(s). Sunbet reserves the right to accept (fully or partially) or reject the said request without any prior notice and further explanation.

17.3. Sunbet reserves the right to decline, solely at its own discretion, all, or part of, any bet requested. This includes the possibility that a "System bet" as defined in <Section B, Para 4>  is not accepted in full, either in terms of Stakes or combinations included in said "System bet".

17.4. Sunbet reserves the right to restrict or deny access, totally or partly, to the Customer’s Player Account, at its own discretion.

17.5. All bets placed through any Sunbet platform, also including bets requesting manual approval, may be subject to a time delay prior to acceptance, the length of which may vary. Such delay is to be determined by Sunbet at its sole discretion.

17.6. Sunbet 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 any of the following has occurred:

17.6.1. the integrity of the event has been called into question;

17.6.2. the price(s) or pool has been manipulated; or

17.6.3. Match-rigging has taken place, or the match is under investigation for such.

17.7. Evidence of the above may be based on the size, volume or pattern of bets placed with Sunbet across any or all of its betting channels, as well as information received from other betting providers or officially recognized organizations.

17.8. All odds offered are subject to variation. Such fluctuation is determined solely at Sunbet's discretion. Bets are accepted only at the odds available in the betting grid at the time the bet was accepted by Sunbet, irrespective of any other claim or previous publication present on the website or any other media detailing otherwise.

17.9. All payout calculations when settling bets will be done based on decimal odds, irrespective of any other format displayed/chosen at time of bet placement.

 

18.  Cancellation (Voiding) of Bets

18.1. A bet can be declared void, and will be, in that event, settled with the odds of 1.00.

18.2. A bet made as an Accumulative Bet shall remain valid notwithstanding a match or an event which is part of the Accumulative Bet being void.

18.3. Sunbet reserves the right, in its sole and absolute discretion, to declare a bet void, totally or partly, make adjustment to the payout, if it is obvious that any of the following circumstances have occurred:

18.3.1. Bets have been offered, placed and/or accepted due to an Error;

18.3.2. Bets placed while the website was encountering technical problems, that would otherwise not have been accepted;

18.4. In instances of Influence Betting;

18.5. In instances of Syndicate Betting;

18.6. As a result has been affected by criminal actions - directly or indirectly;

18.7. Bets can be voided regardless of whether the outcome of event has been finally determined;

18.8. In the case of a void bet the stake money shall be returned to the Customer;

18.9. A public announcement has occurred in relation to the bet which alters significantly the odds.

18.10. 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. 

18.11. A bet made as an Accumulative Bet shall never include two or more offers the outcomes of which might turn out to be related (e.g. Team X to become champions and Player Y to be Top Goal Scorer in the same league). Although Sunbet takes all necessary steps to prevent such possibilities, in the eventuality that this would happen, Sunbet reserves the right, solely at its own discretion, to declare void all parts of the Accumulative Bet which include the correlated outcomes.

18.12. Bets can be voided regardless of whether the event has been settled or not.

18.13. Furthermore, all bets placed (and/or accepted) in the following circumstances will be declared void:

a. Pre-match betting

(i) Betting effected after the event has started;

(ii) Betting effected after a related event was underway and where conditions could have been altered in a direct and indisputable way.

b. Livebetting

(i) Betting effected at incorrect price due to delayed or failing ‘Live’ coverage;

(ii) Betting effected on particular offers after these have occurred, or else after an event which could normally be deemed as leading to the outcome has happened or is happening (e.g. bets placed on offers such as Total Goals Scored or Next Goal while a penalty is being taken, or has been awarded);

(iii) Betting effected on odds which represented a different score than the actual;

18.14. "Syndicate Betting" is conduct, prohibited by Sunbet, in relation to which Customers act together to place a series of bets on the same event or competition. Where there is evidence of Customers acting together in this manner, Sunbet reserves the right to void the relevant bets and/or to withhold payment of winnings pending the outcome of subsequent investigations.

18.15. An accumulator shall remain valid notwithstanding that any component or leg of such bet has been declared void. In the case of an invalid selection and subsequent scratching in a multiple 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.

18.16. Pre-match betting

18.16.1. Betting effected after the event has started; or

18.16.2. Betting effected after a related event was underway and where conditions could have been altered in a direct and indisputable way.

18.17. Livebetting

18.17.1. Betting effected at incorrect price due to delayed or failing ‘Live’ coverage;

18.17.2. Betting effected on particular offers after these have occurred, or else after an event which could normally be deemed as leading to the outcome has happened or is happening (e.g. bets placed on offers such as Total Goals Scored or Next Goal while a penalty is being taken, or has been awarded); or

18.17.3. Betting effected on odds which represented a different score than the actual.

 

19.  Settling

Sunbet shall pay out winning bets as follows:

19.1. In respect of horseracing, after the “all clear” has been given;

19.2. In respect of other sporting events or contingencies, once the medal ceremony, prize giving or podium presentation has been concluded; and

19.3. Subsequent disqualification, promotion of competitors, or any other change shall be irrelevant for the purposes of determining the betting result.

 

20.  Refund Policy

20.1. Money held in your Sunbet account may be refunded on request, subject to 24 hours’ notice to enable Sunbet to verify that all of these Terms and Conditions have been complied with, including those listed under the heading Banking - Withdrawals.

20.2. Possibility to Win

20.2.1. In all cases there must be a possibility for either party to win at the time the bet is made, failing which the bet or the affected selection, as the case may be, shall be void.

20.2.2. All bets on contingencies which have already been finally determined at the time of the placement thereof shall be void.

 

21.  Disclaimer and Priority

21.1. Sunbet reserves the right, at its own discretion, to adjust a Payout credited to your balance if it is obvious that the Payout has been credited to the Account due to an Error.

21.2. In order to adjust any inaccuracy in your balance following amounts credited due to an Error, Sunbet reserves the right to take any necessary action, without prior notice and within reasonable limits, to adjust the Account Holder's balance through the reversal, amendment or cancellation, of any subsequent transaction on the Account Holder's account.

21.3. Any complaints/disagreements towards settlement of any bet offer, should reach Sunbet within 14 days of the initial settlement to require a full investigation. All other complaints will only be considered if indisputable evidence of an inaccurate settlement is presented by the account holder. Such evidence will only be taken into consideration unless it is in any way attributable to situations as described in <Section B, Para 5.2>.

21.4. Sunbet reserves the right to suspend access to the account until it completes any investigations it deems necessary.

21.5. These rules are applicable to all transactions with Sunbet Terms, and may be supplemented with other Rules. In the event of ambiguity, priority should be considered in the following order:

21.5.1. Rules and conditions published in conjunction with an offer and/or campaign; and

21.5.2. Should these be inconclusive, reference will be made to the General Sports Book Rules, unless Sport-Specific Rules declare otherwise.

21.6. In cases where it deems that these Terms are inconclusive, Sunbet reserves the right, according to its own discretion, to settle offers on an individual basis on the basis of equity, attaining itself to generally accepted betting norms, customs and definitions.

21.7. Adaptations into other languages of these Terms & Conditions, or any other text which can be associated with bet offers, are done for purely informative purposes. Although all necessary precautions have been taken to assure the most faithful rendition of these terms in the specific language, Sunbet will not accept any liability for any incompatibility between the English version and any other language. Thus, in case of discrepancy between the English edition and the respective translation, the former will be deemed as binding and will be the basis upon which the offers will be settled.

21.8. Any data provided or accessible in, from or related to the Sports Book may be used by the Account Holder for private, non-commercial use only and any use or attempted use of such data for commercial purposes is strictly prohibited.

21.9. Sunbet has the right to enforce a term of the contract relating to the Sports Book against any Account Holder.

 

22. Breach

22.1. Should the Customer breach any of these Terms and the Rules and fail to remedy such breach within 48 hours after receipt of written notice by Sunbet requiring the Customer to do so, Sunbet 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 –

22.1.1. All amounts owing by the Customer to Sunbet shall become payable immediately; and

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

22.2. Notwithstanding the generality of the aforegoing, the Customer shall be deemed to be in default if -

22.2.1. The Customer dies;

22.2.2. The Customer commits any act of insolvency;

22.2.3. The estate of the Customer is sequestrated;

22.2.4. The Customer endeavours to compromise generally with his/her creditors; and/or

22.2.5. The Customer’s name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, Act 7 of 2004.

22.3. 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 of governmental tax including but not limited to value-added tax, which Sunbet 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 conditions of use or the enforcement by Sunbet of any of its rights against the Customer.

 

23.  Limitation of Liability

23.1. YOU AGREE THAT YOU MAKE USE OF THE SERVICES AT YOUR OWN RISK AND ASSUME ALL RESPONSIBILITY FOR YOUR RISK USE OF THE SERVICES. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, ALL CONTENT PROVIDED ON OR THROUGH THE SUNBET WEBSITE, AND THE SUNBET SERVICES ARE PROVIDED “AS IS”.

23.2. SUNBET MAKES NO GUARANTEES AS TO THE AVAILABILITY OF OUR WEBSITE, MARKETS OR PRICES.

23.3. SUNBET WILL NOT ENTERTAIN ANY CLAIMS, AND, TO THE GREATEST EXTENT POSSIBLE UNDER ALL APPLICABLE LAWS, ACCEPTS NO LIABILITY FOR LOSSES SUSTAINED BY A CUSTOMER’S INABILITY TO ACCESS SUNBET MARKETS OR WEBSITE, DUE TO MALFUNCTION, CANCELLATION OF ACCOUNTS, INABILITY TO PROVIDE MARKETS, SUSPENSION OF SERVICES OR OTHERWISE, REGARDLESS OF THE CAUSE.

23.4. TO THE GREATEST EXTENT POSSIBLE UNDER ALL APPLICABLE LAW, THE CUSTOMER INDEMNIFIES SUNBET AGAINST ANY HARM CAUSED DUE TO INACCURATE INFORMATION OBTAINED FROM THE SUNBET WEBSITE OR EMPLOYEES, INCLUDING BUT NOT LIMITED TO SPORTS SCHEDULES, LOCATIONS, PRICES OR RESULTS.

23.5. SUNBET MAY, AT ITS SOLE DISCRETION AND WITHOUT INCURRING LIABILITY OF ANY KIND, AT ANY TIME SUSPEND THE SUNBET SERVICE IN WHOLE OR IN PART. THE CUSTOMER REPRESENTS AND WARRANTS THAT IT SHALL, TO THE GREATEST EXTENT POSSIBLE UNDER ALL APPLICABLE LAW, INDEMNIFY AND HOLD HARMLESS SUNBET AND ITS LICENSEES, SUCCESSORS, RELATED ENTITIES, DIRECTORS, OFFICERS, AGENTS, MEMBERS AND EMPLOYEES AND SOFTWARE PROVIDER (COLLECTIVELY, THE “SUNBET PARTIES”) FROM AND AGAINST ANY AND ALL DIRECT, GENERAL LOSS OR DAMAGE, LIABILITIES, LOSSES, INTEREST OR PENALTIES OF WHATSOEVER NATURE INCURRED OR SUSTAINED BY THE SUNBET PARTIES AND ANY COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) FROM CLAIMS OR ACTIONS AGAINST ANY OF THE LICENSOR PARTIES BASED UPON OR FROM ANY INFORMATION, CONTENT, MATERIALS OR COMMUNICATIONS TRANSMITTED, RECEIVED, DISPLAYED, USED AND/OR CONTAINED ON OR THROUGH THE SUNBET WEBSITE AND ANY AND ALL TRANSACTIONS PROCESSED THEREBY, AND/OR ANY INFRINGEMENT OR IMPROPER USE BY THE CUSTOMER OF THE SUNBET SERVICE.

23.6. THE CUSTOMER WARRANTS AND REPRESENTS THAT NEITHER THE USE, POSSESSION OR AVAILABILITY OF THE SUNBET SERVICES BY THE CUSTOMER WILL INFRINGE UPON OR CONTRAVENE ANY APPLICABLE LAWS, IN THE JURISDICTION IN WHICH HE/SHE RESIDES.

23.7. NOTWITHSTANDING ANYTHING TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL THE PARTIES BE LIABLE TO ONE ANOTHER HEREUNDER FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, LOSS OF BUSINESS, PROFITS, REVENUE, LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE AND/OR CORRUPTION OF ANY DATA.

23.8. TO THE GREATEST EXTENT POSSIBLE UNDER ALL APPLICABLE LAWS, THE CUSTOMER INDEMNIFIES SUNBET AGAINST ANY LOSS CAUSED BY INCORRECT CREDITS OR DEBITS TO HIS ACCOUNT, INCLUDING BUT NOT LIMITED TO, INCORRECT DEPOSITS OR WINNING BET PAYOUTS. THE CUSTOMER AUTHORISES SUNBET TO DEBIT ANY AMOUNTS WHICH HAVE BEEN INCORRECTLY CREDITED (THROUGH ERROR, NEGLIGENCE OR OTHERWISE) TO THE CUSTOMER ACCOUNT.

23.9. SUNBET SHALL NOT –

23.9.1. UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO THE CUSTOMER IF THE CUSTOMER’S CREDIT CARD COMPANY REFUSES TO HONOUR ANY CLAIM LODGED BY SUNBET 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 SUNBET IN RESPECT OF PAYMENT AND THE CUSTOMER SHALL NOT BE ENTITLED TO INSTRUCT SUNBET TO REVERSE A PAYMENT INSTRUCTION THAT HAS ALREADY BEEN MADE TO THE CUSTOMER’S CREDIT CARD COMPANY;

23.9.2. BE RESPONSIBLE FOR –

23.9.2.1. 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 SUNBET, OR

23.9.2.2. ANY DAMAGES, LOSS OR EXPENSE WHICH THE CUSTOMER MAY SUFFER AS A RESULT THEREOF, AND

23.9.2.3. 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.

23.10. THE LIABILITY OF SUNBET TO THE CUSTOMER FOR ANY DAMAGES SUSTAINED BY THE CUSTOMER FROM ANY CAUSE WHATSOEVER INCLUDING ANY DAMAGES ARISING OUT OF THE NEGLIGENCE OF SUNBET OR THAT OF ITS SERVANTS, AGENTS OR SUB-CONTRACTORS, SHALL IN ANY EVENT AND UNDER ALL CIRCUMSTANCES BE LIMITED –

23.10.1. IN THE EVENT OF DAMAGES RELATING TO A BET, TO THE AMOUNT STAKED BY THE CUSTOMER IN RESPECT OF SUCH BET; OR

23.10.2. IN RESPECT OF THE ACCOUNT OF THE CUSTOMER WITH SUNBET, 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.

23.11. TO THE GREATEST EXTENT POSSIBLE UNDER ALL APPLICABLE LAW, NOTWITHSTANDING ANY OTHER PROVISIONS IN THESE TERMS, SUNBET 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 SUNBET, ITS AGENTS OR EMPLOYEES.

23.12. INSOFAR AS ANY OF THE OBLIGATIONS OF SUNBET UNDER THESE RULES IS/ARE CARRIED OUT BY ANY ITS SERVANTS, AGENTS, SUB-CONTRACTORS, ASSOCIATES OR SUBSIDIARIES, THE PROVISIONS OF THESE TERMS SHALL APPLY MUTATIS MUTANDIS AND EACH OF THEM SHALL BE EXEMPTED ACCORDINGLY.

23.13. 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 or any other similar or different cause beyond the reasonable control of Sunbet leading to the cessation and/or restriction of the operations of Sunbet, shall entitle Sunbet to postpone its obligations to the customer in whole or in part, and in such event Sunbet 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 Sunbet as a result of any such occurrence.

23.14. NOTHING IN THESE TERMS AND CONDITIONS (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES FOR LOSS OR DAMAGE CAUSED BY WILFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMER, EXCLUSIONS AND LIMITATIONS SET FOR IN THESE TERMS AND CONDITIONS INCLUDING THOSE SET OUT IN CLAUSE 7 AND THIS CLAUSE 18, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW.

23.15. TO THE EXTENT PERMISSIBLE UNDER ANY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR OTHERWISE UNDER THESE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR YOU HEREBY AGREE TO BE FOREVER BARRED FROM BRINGING SUCH CLAIM. THIS PROVISION SHALL BE DEEMED TO CONSTITUTE A SEPARATE WRITTEN LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SUNBET.

 

24. Disclosure of Information

24.1. The Customer acknowledges that Sunbet 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, the Player Account of the Customer and the activity on such account.

24.2. Sunbet is entitled to supply any relevant credit information pertaining to the Customer and his account with Sunbet to a credit bureau should Sunbet deem it necessary to supply said information, and the Customer shall have no right of recourse against Sunbet by reason thereof.

 

25. Domicile of Parties

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

25.2. The physical address reflected in respect of Sunbet on its website, as amended from time to time, shall serve as its legal address for all purposes in respect of these Terms.

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

25.4. Any notice given in terms of this provision which:

25.4.1. Is delivered by hand to an officer or manager of Sunbet during the normal business hours of the addressee at its legal address, shall be deemed to have been received by Sunbet at the time of delivery; or

25.4.2. Is posted by pre-paid registered post to Sunbet at its legal address, shall be deemed to have been received by on the seventh day after the date of posting; or

25.4.3. Is transmitted by telefax and/or email to Sunbet at its legal address, shall be deemed to have been received on the date reflected on the facsimile transmission confirmation generated by the addressor’s facsimile machine.

 

26. Taxes and Levies

All winning bets in respect of horseracing are subject to taxes and levies imposed by the provincial government (currently collectively 6%). Taxes and levies will be retained by Sunbet and paid over on behalf of the Customer.

 

27. Intellectual Property

27.1. Using the Sunbet services and website does not give you ownership of any Intellectual Property rights in the Sunbet services or the content you access or make use of on the Sunbet Website. You agree that we own all Intellectual Property subsisting in the Services and the Website.

27.2. The content of the Sunbet services and its website is protected by all Applicable Laws. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.

27.3. You agree that you shall not and have no right to:

27.3.1. copy, in whole or in part, the Sunbet Product, software and website;

27.3.2. modify, adapt, translate, reverse engineer, decompile, disassemble, re-distribute, re-sell or create derivative works based on the Sunbet services and/or website;

27.3.3. use or register any trade marks, trade names or other devices or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;

27.3.4. at any time, to do (or cause to be done) anything in any way which or could impair, weaken, damage or be detrimental to any part of our rights, title and interest in and to the Intellectual Property, or the reputation and goodwill associated therewith;

27.3.5. challenge our rights to our current or future Intellectual Property in any country; and

27.3.6. make any unauthorised use of the Intellectual Property or to represent that you have any rights of any nature in the Intellectual Property or any registrations thereof.

27.4. Money held by Sunbet in a Customer Player Account that is deemed to have been inactive with no bets having been placed for twelve months, will on notice be refunded to the Customer and the Customer’s Player Account closed.

27.5. Statistics or editorial text published on the Sunbet website are to be considered as added information but Sunbet does not acknowledge or accept any liability whatsoever if the information is not correct. At all times it is your responsibility to be aware about circumstances relating to an event.

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