General terms and conditions
Apuesta Kenya Limited Company, trading under the name “kilibet”
General Terms & Conditions
Annexe A Introduction
Apuesta Kenya Limited Company, trading under the name “kilibet” may update, amend, edit and supplement these terms and conditions at any time. We will notify you of any substantial amendment to these conditions, prior to them being effected. We reserve the right to withdraw any of our services or elements of our services at any time and will not be liable to you in contract, tort, negligence, or otherwise, for any loss or damage that you may suffer as a result. These terms and conditions contain the entire agreement between you and us relating to the betting and gaming activities that we provide. You confirm that in accepting these terms and conditions, you have not relied on any representations made by us or any of our employees, save insofar as we have made the representations in these terms and conditions. We will not be held liable for any misrepresentations which have not become a part of these terms and conditions, save that this agreement shall not apply in respect of any fraudulent or negligent misrepresentation which may or may not have become part of these conditions. No waiver by us of any of these conditions will be construed as a waiver of any preceding or succeeding breach of any of these conditions. Nothing in these conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us. All references in these rules to the singular shall include the plural and vice versa. All references to “the” shall include “a/an” and vice versa.
Annexe B Account rules
B.1 Creation of a Kilibet Online Account
You cannot participate in the betting and gaming activities we offer unless you hold an account with us. To have an account and be registered as a player with us, you must register on our website and provide us with your registered phone number which is going to be your Username and cannot be changed and a password. After username and password fields are complete and submit the application for registration in web service you will receive a SMS to your registered phone number (the one you have registered on our website) and you will be asked to confirm your registration by entering verification code. After a successful activation, your account will be ready, and you can start using Kilibet online betting. “kilibet” reserves the right to ask for additional details at any time in order to prevent participating that is not in line with the terms and conditions. your date of birth and valid identification document that shows that you are over eighteen years old. You may provide us with a copy of your national registration card, passport or driver’s license to verify that you are over eighteen years old;
your first and last name – as it appears on you ID;
your full residential address;
your valid email address; and
By applying to become an account holder with us, you warrant and represent that you are over eighteen years old. If you are under the age of eighteen you are prohibited from registering as a player with us and cannot hold a Kilibet account with us. Should we discover that you are below the age of eighteen, we will immediately close your Kilibet account indefinitely and all funds deposited to the account will be refunded to you. We reserve the right to request additional proof of age and perform additional checks in order to verify the information that you have provided in clause 2.1.1 above. Please note that your Kilibet account may be suspended until you provide us with satisfactory proof of your age. Additional documents the user will sent by support@kilibet.ke. The player may register a single account on the kilibet website, and the kilibet therefore reserves the right, in case of any such abuse, to close additional user accounts without delay and cancel any and all bets and transactions effected from such accounts. We will prohibit you from participating in any of our betting or gaming activities if you are suspected of fraud or have breached these terms and conditions, in particular, by multiple simultaneous participation in games and the opening of several accounts. Any criminal or suspicious activities will be reported to the police. In such a case, we will refund you of any monies in your betting account after deducting a handling charge of 10%, provided that this money was acquired in a lawful manner. Any free bets or winnings that may have resulted from free bets acquired fraudulently/ illegally will be forfeited.
By applying to become an account holder with us, you further warrant and represent that:
you are a natural person (a company, cooperative, society or unincorporated association is prohibited from holding an account with us);
you are not employed by Kilibet. Any employee of Kilibet is prohibited from participating in any betting and gaming activities that we provide. Any amounts won by an employee of Kilibet will be forfeited at Kilibet’s discretion and the employee’s initial deposit will be refunded to them;
you are not a professional player of any sport, competition or league in which we offer betting and gaming activities;
you are not acting on behalf of a third party;
you are not depositing money with us that originated from criminal and/ or other illegal activities;
you are not depositing money through a bank card which you are not authorised to use and/ or you are not utilising a bank card in a jurisdiction in which betting and gaming is prohibited;
you will not directly or indirectly utilize your Kilibet account for any criminal activities;
all information that you provided to us during the term of validity of this agreement is correct and complete and you will notify us of any change of such information, within 7 days of such change, sending email to : support@kilibet.ke.
you will not utilize our services if you are not a resident of Kenya. It is your responsibility to ensure that your use of Kilibet’s website and these services is legal;
In applying for a Kilibet Account, you acknowledge and accept:
to abide by these terms and conditions at all times;
all definitions and stipulations that are contained in these rules;
not to try to hack our mobile services, websites and all other media/ electronic platforms or to alter its code in any way in an attempt to cheat, override or manipulate our system or in any way commit fraud or any other crime;
not to mislead us by intentionally providing false information which may be in the form of, but not limited to invalid account details, forged documentation, concealing your identity, your actual location and/ or your age;
that at all times during the subsistence of your subscription/ participation with us, it is your responsibility to ensure that you are not breaching any laws in Kenya when you open a Kilibet account with us or conduct business on any of our platforms;
that we will act as arbitrator on any dispute involving your use of our services and any other third party. However, should the dispute not be resolved to your satisfaction, you may lodge a complaint with the Betting Control and Licensing Board of Kenya;
that we reserve the right to exclude any users with false particulars from participating in the betting and gaming services we offer and any winnings achieved by such users, will be forfeited to us;
that Kilibet will not accept liability in contract, tort, negligence or otherwise from any third party resulting from your provision of incorrect or false data;
that by participating in the betting services we offer, there is a risk that you may lose the money that you deposited into your Kilibet account, if you do not win any amounts;
that the contractual relationship between you and Kilibet is governed by: (i) these rules as published in English on our website and at our Kilibet shops; (ii) any regulatory provisions or other decisions made from time to time by the Betting Control and Licensing Board of Kenya; and (iii) the laws of Kenya;
we manage players accounts and calculate available funds, pending funds, betting funds as well as your potential amount of winnings. Unless proven otherwise, these amounts are considered as final and are not subject to dispute. We will inform you once corrections are made to your account balance.
You must keep your password secure at all times. It is your sole responsibility to ensure that your password is kept secure. You should not share your login ID and password with anyone or send any of your details to us by any unencrypted form. Should you suspect that your login information is no longer secure, please contact us immediately and ensure that you change your password immediately. If at any time your account is accessed and used by a third party without your prior consent, we will not be liable for any consequences that may occur.
If you nominate another person as an authorized user of your Kilibet Account, you will be responsible for all transactions the person makes using your account details. We will not be held liable for any loss or damage that you may suffer as a result of this.
If you lose your Kilibet Account login ID and password or feel that someone may have your account details, please contact us immediately via phone, live chat or sending email to: support@kilibet.ke. .Please note that we will not be responsible for any loss or damage that you may suffer as a result of transactions that may be made by the third party that has your Kilibet Account login ID and password.
Annexe C Policy of accepting bets on sporting events
We reserve the right to cancel any bonus, jackpot and/ or any prize you may have won, if we are of the view that you have fraudulently utilized our system. In such an instance, we will immediately restrict your access to your Kilibet account and any funds therein will be forfeited to us. The values of the parameters (including handicaps, totals) and odds/prices/ betting rates of the events specified in the line of the current day may change after any bet, but conditions before bets will remain the same, except in cases of technical and obvious mistakes in the line. The money placed on the result of any betting and gaming activities will be the amount confirmed and registered by us. In accepting to bet on events, you accept these terms and conditions in totality and all rights and liabilities which may be established under Kenyan law. You are the only person responsible for the bet you place. Once you have placed a bet and acceptance is confirmed, you can cancel it only within 10 minutes from bet placement or until start of the first event on the ticket. Maximum number of tickets that can be canceled within 24h is 3 (three). Newly registered customers cannot cancel their first 3 (three) tickets. Please check carefully all the bets you have made. The loss of your login ID and password cannot be the reason for the withdrawal of rates or cancellation of the request for payment of winnings. You are solely responsible for safeguarding your password information. A bet is accepted as soon as we confirm it by notification in your Kilibet account. All accepted bets are displayed in the “bet history”. In some cases, there may be a delay until a bet is listed in your bet history. In case of any dispute, we will consider the time the bet was registered in our system as the bets true submission time. If you do not receive any notification about the acceptance of your bet, your bet will be considered as accepted, if it is displayed in the “bet history”. A failure of communication or other technical failures in customer communication is not a reason for the cancellation of your bet, if the bet has already been registered in our servers.
Annexe D Payment methods
The Kilibet will not charge any additional compensation in the process of paying in the deposit from the player. Players may be charged only by their banks, mobile money providers or any other way of depositing money which is in direct relation with the players transactions and it is doesn’t have any relation with the Kilibet. The following are the minimum and maximum deposit/ withdrawal amounts that may be made at our betting shops:
Minimum deposit – KES 10.00;
Maximum deposit – KES 70 000.00;
The following are the minimum and maximum deposit/ withdrawal amounts that may be made through mobile money operators:
D.1.1 M-PESA money transfer:
Minimum deposit – KES 10.00;
Maximum deposit per transaction – KES 70 000.00;
Minimum withdraw – KES 50.00;
Maximum withdraw per transaction – KES 70 000.00;
4.3.2 All deposited funds serve only for the purpose of participating in the game of chance – betting, as for paying in the tickets. In case that player requests to withdraw after he deposited the funds for game of chance, that request will be granted under condition that he placed at least once the 20% of his previous deposits. For example: if you deposited KES100 and you bet KES10, with that KES10 you won KES1,000, then you can immediately withdraw KES990 only. You may withdraw the KES1,000 if you have made tickets worth of 20% of your full deposit amount”. This requirement is introduced to combat fraud and “money laundering” by players and using our platform as a bank. With regret, Kilibet is not able to provide Free banking service for players.
4.3.3 If the deposits to the account were made for any other purpose than bets, casino, poker, virtual games and financial betting, the company (particularly in case of suspected fraudulent money turnover) reserves the right to cancel a deposit and collect from the Account holder all costs incurred as a result of processing. We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting and/or gaming stakes. In such circumstances we may also report this to relevant authorities.
4.3.4 If it turns out that the User has opened several accounts on the Kilibet website, Kilibet reserves the right to refuse to pay out for these accounts (except the User’s assets legitimately transferred to the account of Kilibet after his payment of a fine in the measure of 10% of the total amount of deposits)
4.3.5 In the first order for a withdrawal in cash the Account holder must enter valid ID/Passport details exactly as in the ID/Passport.
Annexe E Displaying data
We are not responsible for the accuracy, completeness and timeliness of the proposed information services, including data on the events of live services. We make every effort to ensure the information displayed on live events (i.e. time of a game, statistics of terms/ players) is correct. Please note that this information is displayed only for information purpose and we will not be responsible for any errors in this data. We will not be held responsible for any claims regarding the accuracy of translation from foreign languages of team names and the names of players. If you place a bet on an indicated event/ match in which more than one player/ athlete has the same surname and the full name of the athlete or other features identifying them uniquely have not been indicated, then all bets placed will be refundable. If in the name of the match or position one or more entrants are incorrectly indicated in the line (save for errors in translation), then all the bets on that event will be void and the stake will be refunded. Only Kilibet has the right to determine the events belonging to this category. In cases when the specific details of the team are not indicated in the line resulting in the marking of the other team in the line instead of the declared one, then all bets on such a match will be refundable. In other cases, if an incomplete name or possible grammatical error is indicated in the line, then all bets will remain in force. If the gender of the teams is not indicated in the line, it will be considered that the gender of the teams is male. In case women’s teams are participating in a match, we will have a detailed indication in the line. If these details are not indicated, then any bets of the said match will be refundable. The date and time indicated in the line are the date and time of discontinuation of bets acceptance on the event (except for live events) and do not necessarily coincide with the date and time of the actual start of the event. The actual time of the event while counting the bets is considered as the time of the start of the event, which is determined based on the official documents of the organization conducting the competition, as well as the data of Kilibet. If the venue is not indicated in the line, then the first team named in the fixture will be considered as the host, except for competitions of American types of sports. Please note that all the information contained in the “cap” to a particular sport, carries an ancillary character and possible errors in the given information are not grounds for the return of bets. Please note that there is a set delay on acceptance of bets for live events, the value of which may vary depending on the sport, market and other features. The set delay is determined exclusively by Kilibet for security purposes and protection from subsequent bets. For your convenience, taking into account the specifics of live events in which odds/ prices/ betting rates change very often, you can choose to “accept changes” or do not accept changes if the odds/ prices/ betting rates changes”, which determines respectively whether the bet is accepted, if during the time of its arrangements the odds/ prices/ betting rates changed
Annexe F Compliance with Kenyan laws
Our betting and gaming services may only be utilised for lawful purposes and in a lawful manner. By using our betting and gaming services, you undertake to comply with all applicable laws, statutes and regulations regarding the betting and gaming services we provide.
Annexe G No warranty
We will endeavor to provide our betting and gaming activities to you using our reasonable care and skill and make no further warranty or representation whether express or implied, in relation to the betting and gaming activities we offer. We make no warranty that our betting and gaming activities will meet your requirements, will be uninterrupted, timely, secure or error-free, defects will be corrected, or that our website – www.kilibet.ke or the server that makes our website available is free of viruses or bugs or represents full functionality, accuracy, reliability of the content/ results or the accuracy of any information you obtain from us. We will not be responsible for any system or communication errors that result in erroneous generation of random numbers, bet settlements or other elements of our betting and gaming activities. In such an instance, we reserve the right to void all bets on the draws in question.
Annexe H Limitation of liability
Our liability to you for any damages you sustain from any cause whatsoever, including any damages arising out of our negligence or that of our servants, agents or sub-contractors, shall in any event and under all circumstances be limited: in the event of damages relating to a bet, to the amount staked by the customer in respect of such bet; or in respect of your Kilibet account with us, 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. To the fullest extent permitted by law and notwithstanding any other provisions of these terms and conditions, we will 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 our negligence or that of our agents or employees. Insofar as any of our obligations under these terms and conditions are carried out by any of our servants, agents, sub-contractors or associates, these provisions shall apply mutatis mutandis and each of them shall be exempted accordingly.
We will not be held liable if you are unable to place a bet due to the failure of any electronic communications media that you use for the purposes of betting.
We do not assume liability for input or transmission errors and reserve the right to rectify obvious errors.
We assume no liability for the correctness or completeness of any information provided.
We assume no liability for the accuracy of live scores, statistics and intermediate results in live betting.
Any acts of God, war, strike, lock-out or other labor dispute, fire, flood, explosion 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 our reasonable control leading to the cessation and/ or restriction of our operations, shall entitle us to postpone our obligations to a customer in whole or in part, and in such event, we shall not be responsible for any damages of any nature that you may suffer, whether directly or indirectly as a result thereof and you shall not be entitled to terminate your contractual relationship with us, as a result of any such occurrence.
We will not be responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and saturation of telecommunications networks, cyber-attacks, hacking, etc., which could lead to a total or partial access reduction to it services, loss of data by itself or by other contracted independent service providers on whom we are wholly or partially reliant on to deliver our services to you.
Annexe I Indemnity
By accepting these terms and conditions, you agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless from and against all claims, liability, damage, loss, costs and expenses, including legal fees arising out of your breach of these conditions or any other liabilities that may arise from your use of our services or use by any other person accessing our betting and gaming activities using your Kilibet account.
Annexe J Intellectual property
By accepting these rules, you acknowledge and accept:
that all copyright, trademarks and all other intellectual property rights in all content we provide remains at all times vested in us or our licensors. You are only permitted to use this material as expressly authorized by us or our licensors;
that all material and content contained in our services is provided as part of our product and is made available for your personal non-commercial use only. In this regard, you may only download such material onto one computer for this purpose. Any other use of the material or content is strictly prohibited;
not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or tamper with or create derivative works of our content
Clients are also forbidden to use robotic software’s, web indexers, trackers or any other automatized program when accessing the official internet page of the Organizer or products that are offered on the mentioned page, and also to remove or change information related to the protection of copyrights and trademarks or any information published on the internet page of the Kilibet or printed internet pages.
Annexe K Termination
We reserve the right to terminate this relationship at any time, which decision is purely at our discretion. We further reserve the right to close or suspend your Kilibet account at any time and for any reason. Without limiting the provisions of the preceding sentence, we will be entitled to close or suspend your account if:
we consider that you have used our services/ products/ platforms in a fraudulent manner or for illegal and/ or unlawful or improper purposes;
we consider that you have used our services/ products/ platforms in an unfair manner or have deliberately cheated or taken unfair advantage of us or any of our customers;
we suspect you are breaching any term of this agreement;
there is technological failure;
we are requested to close your Kilibet account by the police, any regulatory authority or court; or
If we close your Kilibet account for any of the reasons set out above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses that we incur or suffer (the “Claims”). You will indemnify and hold us harmless for any demand in respect of such Claims. We will also be entitled to withhold and/ or retain all amounts which would have been paid or payable to you (including any winnings and/ or bonus payments).
In addition, we will be entitled to withhold and/ or retain any and all amounts that you earned or received as a result of or in connection with your unauthorized use of our services, products or platform, including any activities which were not for an authorized purpose. If there are insufficient funds in your account, we will demand that you pay us the relevant outstanding amount on the bets that you placed.
If you prove that you did not breach any provision of these terms and conditions, then any funds that were available in your Kilibet account will be returned to you, should your relationship with us have been terminated. Please note that at all times, any funds you deposited with us do not and will not accrue any interest. As such, any refunds made will not incorporate any interest calculations.
Annexe L Taxes
You will be liable for any taxes levied pursuant to Kenya’s applicable tax legislation prevailing at the material time or as may be assessed by the Kenya Revenue Authority. These taxes will either be withheld at source or paid out in accordance with the provisions of the law.
Annexe M Transfer of betting account prohibited
Selling and/ or transferring and/ or acquiring of a Kilibet account from other players is prohibited. Any such action will lead to closure of your Kilibet account and refund of the funds in the account. We may in our sole discretion re-open your Kilibet account if there is sufficient proof to our satisfaction that the transfer of your Kilibet account was done in error.
Annexe N Governing law and disputes
These terms and conditions shall be construed in accordance with Kenyan law and the High Court of Kenya shall have exclusive and original jurisdiction to determine any court process arising out of these terms and conditions.
Annexe O Disputes and complaints procedure
If a customer has a complaint, details of the complaint should be emailed to us at support@kilibet.ke. or hand delivered to any of our Kilibet betting shops marked for the attention of the General Manager. We will endeavor to resolve complaints which have been reported to us promptly. In case of any queries regarding any transaction, a customer may contact us at support@kilibet.ke. or at any of our Kilibet betting shops setting out details of the query, which we will then review and provide a response within 7 days. If a dispute arises between you and Kilibet in relation to our liability to pay alleged winnings to you and this dispute cannot be resolved between us, then the dispute may be referred to the Betting Control and Licensing Board of Kenya for resolution. In such an instance, we will inform you that the dispute will be referred to the Betting Control and Licensing Board of Kenya. We will refer the dispute to the Betting Control and Licensing Board of Kenya within 48 hours of informing you that the dispute is being referred to the Betting Control and Licensing Board of Kenya. You may however of your own volition refer the dispute with us to the Betting Control and Licensing Board of Kenya for resolution. The Betting Control and Licensing Board of Kenya may investigate the matter and shall thereafter resolve the dispute and communicate the outcome to the parties. If either you or Kilibet are not satisfied with the determination of the Betting Control and Licensing Board, you may appeal to the Arbitration Court or High Court of Kenya for determination of the dispute arising out of these terms and conditions. By accepting these terms and conditions, you acknowledge and accept that only the English version of these terms and conditions will be considered valid in any legal dispute that may arise.