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Play.co.za

TERMS AND CONDITIONS OF ALL BUSINESS AND INTERACTIONS WITH BETFLASH (PTY) LTD

 

Play.co.za Terms And conditions of all business and interactions with Betflash (Pty) Ltd platform

 

VERSION: 1.0

 

Date: 7 March 2022 // 00h00 South Africa Standard Time

 

  1. Betflash (Pty) Ltd (Company Registration No: 2011/135672/07) with its licensed office at Western Cape Gambling and Racing Board, Cape Town, Western Cape Province, South Africa trades under the name “play.co.za”. This is how we will refer to ourselves in the conditions below (we may also use the terms “we” or “us” to describe ourselves and “you” or “your” to describe you, our player).
  2. Playco.za is licensed and regulated as a Bookmaker by the Western Cape Gambling and Racing Board under License Number: 10172287-011 granted on 22 November 2021.
  3. Play.co.za must and will operate at all times in keeping with the laws and rules required in terms of our licence.
  4. Play.co.za is an “accountable institution” in terms of the Financial Intelligence Centre Act, 2001 ("FICA"). This law requires us to follow certain rules and procedures relating to your registration as our customer, how we must identify you and the money you bet with us and also sets out certain anti-money laundering reporting requirements, which means:
  • We must take certain steps to establish your identity to our reasonable satisfaction and in keeping with internal risk policies that we develop from time to time.
  • You may not be paid out if you do not cooperate with our FICA-related policies that may change from time to time. These policies may include identity, address and bank account verification.
  1. Play.co.za reserves the right to suspend any account that has not met FICA requirements.
  2. Play.co.za also reserves the right to submit all personal information provided by you to a registered third-party credit agency of our choosing, provided that such agency operates under all applicable laws surrounding its services.
  3. Please note that all correspondence and telephone calls with Play.co.za are recorded.

 

  1. TERMS AND CONDITIONS
  • These terms and conditions govern the legal relationship between you and us and govern your use of all our services and interactions in the betting arena, whether registering with us, depositing with us, placing or staking bets, losing bets, being paid out on winning bets and whether such interaction takes place online, on the telephone, in person or otherwise (the “Service.”). By opening an account with us and/or using the Service, you agree to ALL of these terms and conditions and/or any other general rules or policies specifically mentioned and/or linked to these terms and conditions (collectively the “Terms”):
  • We may update these Terms, from time to time, for any reason whatsoever. Any changes to the terms will be made by posting them on our site with a new version number in the header and it is your sole responsibility to check our site from time to time to review any updated Terms. The updated Terms will be applicable to all our dealings from the date and time that they are posted to our site and in the event of any dispute, our server records (as to when the terms were posted) shall be final in determining which rules applied at which time.
  • These Terms and any later updates are the ONLY agreement between us. Even if you talk to our agents on the telephone or in text chat, these Terms may not be changed in any way other than what appears here, or in a very clearly marked communication signed by one of our authorised directors and stating clearly that s/he is departing from the Terms of this document.

 

  1. YOUR SUITABILITY AND RIGHT TO USE THE SERVICE
  • You must be of legal age of majority (in South Africa this is 18 years old) where you permanently live and the use of the Service must be allowed by law in the country that you make use of them from.
  • All bets will be void (cancelled even if you have already won) if it comes to our attention that you have been dishonest about your age, identity or legal status to use the Service OR have been dishonest OR act in any way in violation of these Terms. This means that you may end up not being paid out if you are in violation of these Terms and that we can close your account at any time that we discover a violation.
  • You accept that you are freely participating in your use of our Service and understand the risk of losing money in betting. You also agree that the use of our Service is for your own personal entertainment and non-professional use (you specifically agree that we are entitled to monitor your use of the Service to detect any betting patterns indicating professional or non-recreational use).
  • By making use of the Service, you fully understand that you are gambling or “taking a chance” on the outcome of an event that cannot be 100% accurately determined in advance, no matter how much of a “sure thing” it appears to be. There is a real risk of losing money when gambling and you are fully responsible for the decision to gamble and any gains or losses as a result are completely your choice or responsibility. In relation to any losses, you will have no claims against us.
  • By using the Service, you agree and warrant that you will act in keeping with all laws and regulations in relation to your use of the Service.
  • We will not be responsible for any illegal or unauthorised use of the Service.
  • We may refuse to register you as a customer or choose to de-register, exclude or suspend you as a customer from the Service at any time, for any reason whatsoever. You acknowledge that we have no obligation whatsoever to provide you with advance notice of our decision to refuse or suspend you as a customer, nor are we required to furnish you with any reasons for such decisions.

 

  1. YOUR ACCOUNT
  • Opening a New Account:
  • To make use of the Service, you must first register with us for an account. During the account registration process, you will be required to enter your personal details including your personal mobile phone telephone number, email address, full name and address, date of birth and official identity number and/or any other personal, identifying information or details that we may require from time to time to identify you in keeping with the laws that we must follow. If your registration information is inaccurate, false, or incomplete, you will be required to update such information upon request and to the extent that you have already opened an account, the same may be suspended or closed until we have received and/or verified such details.
  • We will keep all information provided by you to us confidential, however, you understand that we may be required by law regulations to disclose any such information to the relevant authorities e.g. FICA.
  • One account only:
  • You may only register and operate a single betting account with us. Such account may not be used by anyone else and may only be linked to one betting account with us.
  • You may not use the Service by means of another person's account.
  • Should you attempt to open more than one account, under your own name or under any other name, or attempt to access the Service by means of another person's account, we remind you that we may immediately close all your accounts and block you from future use of the Service.
  • Logins:
  • During the account registration process with us, you will be issued with login details i.e. a username and password. You must keep this information secret. Any actions carried out through your account will always be taken to be yours.
  • We will not be liable for any claims that may result from sharing (which is prohibited) or loss of your login details to a third party. You are solely responsible for all transactions on your account and should keep your account information strictly confidential.
  • If you believe that your login details have been compromised, you must immediately take steps to change these details. The means to do this are available through our website or via communication with our agents.
  • Up to date
  • You are required to keep your account details up to date at all times. If you change your address, e-mail, phone number or any other contact or personal information, it must be updated with us.
  • Your account will be considered dormant if it has not had any activity for 6 months. Account activity is defined as the following: making of a deposit or withdrawal; placement of a bet. We reserve the right to close dormant accounts.
  • Closure, Self-Exclusion & refusal to register
  • You may, at any time, request temporary or permanent closure of your account.
  • Your self-exclusion options if you feel that you have a gambling problem and upon informing us of the same are (in line with National Responsible Gambling Policy):
  • Brief break / Cooling-Off: the account is suspended for at least: 24 hours;
  • Temporary Suspension: the account is suspended for at least: 1 month;
  • Self-Exclusion: the account is suspended for at least: 3 months;
  • Permanent Self-Exclusion: the account is permanently closed and you will not be allowed to re-open it.

  • Marketing to your account

    10.6.1 Opening your account you agree to receive marketing and promotion material from Play.co.za unless you opt out as per 10.6.3.

    10.6.2 Play.co.za reserves the right to process personal information for marketing purposes. In certain limited circumstances, we also reserve the right to provide this information to our third-party partners for the purpose of marketing to you.

    10.6.3 If you have opted out of marketing from us, we will take all reasonable steps to ensure you no longer receive promotional material about our services.

    Even if you unsubscribe from our marketing list, we may continue to send out periodic e-mails and/or SMSes informing you of technical, service or security issues related to a product or service you requested, confirming you requested a product or service, or providing periodic updates or information relating to the product or service you requested or any other form of communication we are obliged to send you in terms of legislation.

    Please note that should you opt out of receiving marketing/promotional material from us, there might be a delay in removing you from our marketing/promotional lists. A period of 30 days from opting out to remove you from our mailing list. Should you continue to receive marketing/promotional material after 30 days from opting out, we ask that you notify us in order to investigate why you have not been removed from the mailing list.

 

  1. BETTING
  • You agree to pay us for all bets that are taken with us, using your account, and understand that upon placing any bet you have incurred a legally enforceable debt to us.
  • We reserve the right to refuse or limit any bets whether such limits apply per sport, event or betting types or markets. In this regard, we will publish Betting Rules from time to time and it is your sole responsibility to refer to such rules prior to placing any bet with us. Limits are subject to change at any time without any notice to you.
  • Without limiting our discretion to refuse or limit bets in our sole discretion, you agree that we may void any bets if:
  • We suspect you have engaged in any illegal or prohibited activity;
  • You breach any of these Terms;
  • We have reason to believe that your bet, or the event upon which you have bet, may be subject to manipulation, collusion, match fixing, or other unethical activity; or
  • Where we are required to do so by law or regulation.
  • Any valid bet struck, as described above, will of course be honoured.
  • All bets shall only be considered valid once accepted by our wagering record keeping software system and once a bet slip is generated by such system and subject to these Terms. Until acceptance, no communications from you shall be binding on us and all information displayed on this site is to be considered an invitation to place a bet only.
  • Where a bet is deemed to be or is declared void by us any amount deducted from your account in securing that bet, shall be credited to your account immediately upon our refusal to accept such bet.
  • Should we choose to waive any rule or make any exceptions on a bet, for any reason whatsoever in our sole discretion, it shall only be for that particular bet and shall not set a precedent for the future. 
  • Betting Limits are determinded by the bookmaker including Maximum and Minimum limits.
  • Win limit per bet: Sportsbook - R2 000 000. Casino & Live Games - R2 000 000.
  • Total daily win limit is set to an amount of R10 000 000.

 

  1. GENERAL PAYMENT & WITHDRAWAL RELATED TERMS
  • In using any financial instrument or payment method, the account holder name must be the same as the name you used when registering your account. Should the name you registered on your account and the name that is associated with the financial instrument or payment method differ in any way, we reserve the right to immediately suspend and/or close your account.
  • Due to our legal obligations to prevent money laundering, any deposits made using someone else's financial instrument or payment method will be refunded and any bets placed with funds from this card will be deemed void.
  • You may update payment details from time to time on our website, or through our support team, but it remains your responsibility to be aware of the terms upon which your payments are accepted. You are solely responsible to keep abreast of any changes.
  • The transfer of funds between your account and that of any other user of our Service is not permitted and strictly prohibited.
  • Any funds held in your account in credit to you shall not earn interest.
  • We do not lend anyone money to place bets with us i.e. no credit is extended to our customer. It is your responsibility to maintain sufficient funds in your account and to place your bets accordingly. Play.co.za reserve the right to void any bet that may be accepted in error when your account does not have sufficient funds to cover the whole of any bets placed.
  • If you elect to fund your account by way of EFT (Electronic Funds Transfer) the processing time until funds are available to use on your account may take as long as 2 to 3 business days.
  • If we suffer any chargebacks, payment reversals or other charges in connection with your account, we reserve the right to recover such amounts from you.
  • You agree that no chargebacks or other payment reversals or cancelations shall be initiated by you from your financial institution, without prior consultation with us and without our prior written consent to such.
  • We reserve the right to run credit checks on you with registered, third-party credit agencies.
  • You are responsible for any personal tax on any winnings that you earn through the Service, over and above tax collected by us on your behalf. Where applicable, we will deduct tax from any winnings, prior to payment to you, for payment to the relevant gambling authority. You acknowledge and agree that any amounts you receive shall be after such deductions.
  • You acknowledge that:
  • Large withdrawals by you might require multiple transactions over several days, based on payment provider limitations.
  • All deposits need to be wagered 1x the deposit amount before a withdrawal can be requested.
  • In certain circumstances, there may be charges incurred for withdrawals which you will be clearly informed of upon requesting your withdrawal.
  • You agree that, in the event that any payment or credit that is made to your account as a result of an error, such amount shall be considered as held in trust by you for our benefit and shall not be withdrawn from your account. You shall return all amounts paid in error to us promptly as soon as you become aware of such error, but in any event no later than when we ask for them. We reserve the right to recover all amounts paid to you in error.
  • In the case of suspected or fraudulent payments, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment), we reserve the right to close your account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any fraud or suspected unlawful activity.
  • You are strictly prohibited from utilising the Service to facilitate any type of illegal money transfer. You will not use the Service for any unlawful or fraudulent activity or prohibited transaction (including money laundering. If we suspect that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of these Terms, we may immediately close your account and block you from the Service without any notice to you. If your account is terminated or blocked in such circumstances, we are under no obligation to refund any balance that may be in your account. In addition, we shall be entitled to inform relevant authorities and/or other online service providers and/or financial institutions of your identity and of the suspected unlawful, fraudulent, or improper activity.
  • You undertake to cooperate with us fully in the investigation of any fraudulent or improper activity.
  • In the event we terminate your account because of suspicious or illegal activity, we reserve the right to pursue criminal charges or other criminal or civil sanctions against you.
  • Total daily withdrawal limit is set to a minimum of R50 and a maximum of R250 000.

 

  1. INTELLECTUAL PROPERTY
  • You acknowledge and agree that the ownership and/or rights associated with the Service, including but not limited to intellectual property rights are our absolute property, and/or duly legally licensed to us by third-party providers.
  • The “Play.co.za” brand name and any other Play.co.za-related trademarks, service marks and/or trade names used in connection with the Service (the "Trademarks") are our Trademarks and we reserve all rights thereto.
  • You hereby acknowledge that by using the Service you obtain no rights in the Trademarks or the Service and any information disseminated in connection therewith and you may only use the same in complete accordance with these Terms. Any use of the intellectual property related to the Service without our prior written consent is not permitted. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or tamper with the intellectual property related to the Service in any manner whatsoever.
  • You acknowledge and agree that the material and content contained within the Service or within any of our websites, software or other properties is made available for your personal, non-commercial use only. Any other use of such material and content is strictly prohibited.

 

  1. WARRANTY DISCLAIMER, SYSTEM ERRORS & LIMITATION OF LIABILITY
  • THE SERVICE IS PROVIDED “AS IS” AND WE MAKE NO GUARANTEES, WARRANTIES OR REPRESENTATIONS (“WARRANTIES”) WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW OR OTHERWISE) INCLUDING BUT NOT LIMITED TO THE WORKING ORDER OR FITNESS FOR PURPOSE OF THE SERVICE OR SATISFACTORY QUALITY THEREOF OTHER THAN ANY SUCH WARRANTIES THAT MIGHT BE REQUIRED BY THE GAMBLING AUTHORITIES IN TERMS OF OUR LICENCE CONDITIONS.
  • The entire risk of as to the use, quality and performance of the Service is yours. We make no warranties that the Service:
  • Will meet your requirements;
  • Will be uninterrupted, timely, secure and error-free;
  • Will be free of defects, nor that any defects will be corrected, nor that the software or server that makes the Service available will be free from viruses or bugs. Although we take all reasonable measures to ensure that the Service is free from computer viruses, we cannot and do not guarantee that the Service is free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
  • We reserve the right to permanently or temporarily suspend or modify the Service including removing or changing any betting types, events, or options, in our sole discretion, with immediate effect and without notice to you. We shall not be liable to you for any loss suffered by you resulting from any changes made or for any modification or suspension of or discontinuance of any part of the Service and you shall have no claims against us in such regard.
  • We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections.
  • We cannot guarantee that the Service will never be faulty, but we will undertake efforts to correct reported faults as soon as we reasonably can. If a fault occurs, you should report the fault by e-mail or in writing to our customer service.
  • We may temporarily or permanently suspend the whole or any part of the Service for any reason at any time whatsoever in our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. In the event of a temporary suspension, we will restore the Service as soon as is reasonably practicable.
  • Where an error, mistake or system failure results in the incorrect odds, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be void.
  • In the event of a malfunction in the Service all bets are void. We reserve the right to void any winnings that were obtained because of hardware/software error or malfunction. We are not liable to you for any loss that you may incur because of such malfunction.
  • In the above instances, and all other instances previously mentioned where a bet may be voided, the bet event will be paid at a decimal value of 1. For single bets, this means that the customer will be paid back the original bet amount. For multi-bets that the customer will be paid at an adjusted total decimal value where the voided game is adjusted to a decimal value of 1.
  • Anyone found to be abusing any errors or malfunctions is subject to having their account closed and any winnings forfeited. Instances of such abuse and indeed general abuse of the Service that will result in the voiding of bets and potential account closure include but are not limited to the misuse or abuse of bugs, glitches or errors of the Service; the use of bots or any other form of artificial intelligence; hacking, attacking or abusing the Service or any servers, software or other components of the Service; match fixing, cheating or collusion; participating in, aiding or facilitating criminal activity of any kind; fraudulent or illegal activity of any kind; attempting to disrupt the Service or circumvent the technical measures employed by us to ensure the security and fair play of the Service; any betting activity which we reasonably suspect to be irregular, unfair or in bad faith.
  • Our total aggregate liability to you arising from any cause whether contract, delict, negligence or otherwise, for any loss or damage howsoever arising from any cause, whether direct or indirect, or for any amounts (even where we have been notified by you of the possibility of such loss or damage) shall not exceed the value of the bets and/or bets you placed via your account in respect of the relevant bet/bet or product that gave rise to the relevant liability.
  • We shall not be liable to you or any third-party arising from contract, delict, negligence, or otherwise, for any indirect losses or damages or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
  • You agree to indemnify and hold harmless us, our directors, officers, employees, shareholders, agents and affiliates, against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential or punitive or other) arising from:
  • Any participation in the Service by you;
  • Any use of the Service by means of telecommunication services;
  • Any use or re-use of any materials at, or obtained via, the Service;
  • Facilitating or making a deposit into your account.

 

  1. PROMOTIONAL OFFERS
  • We may from time to time offer you various promotional offers (“offers”)
  • All offers are limited to one per person.
  • All offers are intended for recreational, entertainment purposes only and we may, in our sole discretion, limit your eligibility to participate in any given promotion. We reserve the right to withdraw the availability of any offer, or all offers to any customer.
  • We reserve the right to recover all bonuses awarded and/or any winnings accrued if a customer is found to be tampering with or abusing any aspect of any promotion. Where there is evidence of a series of bets placed by a customer and/or group of customers which, because of enhanced payments through promotional offers, results in guaranteed customer profits irrespective of outcome, we reserve the right to ignore the bonus element of such offers and settle bets at the correct odds.
  1. PRIVACY, SUPPORT & DISPUTES
  • The terms applicable to your information and security may be found in our separate privacy and personal information policy to be found here. These terms may be changed from time to time in keeping with applicable law or otherwise and it is your responsibility to check this from time to time.
  • Customer support is available to you if you experience any difficulties. Customer support can be reached by email at [email protected]. Any complaints or disputes may also be sent to this email address.
  • Upon receipt, best efforts will be made to resolve any reported matter promptly.
  • If you feel that we have not satisfactorily resolved your complaint, you should refer the matter to the Western Cape Gambling and Racing Board which will investigate any disputes and make a binding decision. Details for complaints and dispute resolution may be obtained by emailing [email protected]

 

  1. GOVERNING LAW AND JURISDICTION
  • These Terms are governed by, and interpreted in accordance with, the laws of South Africa and by using the Service you submit to the exclusive jurisdiction of the relevant South African Court to settle any disputes which may arise in connection with the Service and/or these Terms.
  • We do not provide advice regarding tax and/or legal matters. If you wish to obtain advice regarding tax and legal matters, you are advised to contact appropriate advisors.

 

  1. FORCE MAJEURE
  • We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control including but not limited to “Acts of God” or acts of government, riots, terrorism, extreme weather or otherwise.

 

  1. NO AGENCY
  • Nothing in these Terms shall be construed as creating any business relationship, agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.

 

  1. ASSIGNMENT
  • In the event of a change of control, merger, acquisition, or sale of assets of the company, your customer account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or notice on our web site explaining your options with regards to the transfer of your account.

 

  1. RESPONSIBLE GAMBLING NOTICE
  • Please take note that in terms of South African law no persons under the age of 18 years are permitted to gamble. Winners know when to stop. The contact details for the National Responsible Gambling Programme are telephone: 0800 006 008 or SMS on 076 675 0710.
  • Information regarding your account activity will be provided by us to you on reasonable notice by requesting it from support @play.co.za. The information may include details about your account balance, gambling history (including bet amounts, winnings and losses), deposits, withdrawals and other related transactions.
  • Self-exclusion options are available to you as set out elsewhere in these Terms.