This policy document sets out the Betbus General Terms and Conditions governing access to and use of the Betbus Platform applicable to all Users.
1. DEFINITIONS
1.1. "Affiliate” means a natural or juristic person who has submitted a successful application to be a member of the Betbus Affiliate Program, whereby the Affiliate agrees to perform services in return for the payment of commission;
1.2. “Agreement” means this Betbus General Terms and Conditions policy document governing access to and use of the Betbus Platform;
1.3. “Betbus” means betbus.co.za, an interactive online sports betting platform and website wholly owned and operated by the Company which allows Users to, inter alia, register bets through their personal User Account and receive winnings via their User Account;
1.4. “Bookmaker Licence” means a licence issued in terms of section 32B of the Mpumalanga Gambling Act 5 of 1995 to conduct the business of a bookmaker;
1.5. “Company” means AI Sports (Pty) Ltd, a company duly incorporated in accordance with the company laws of the Republic of South Africa with registration number 2022/639216/07 and registered address at Office 3, Nicher Business Centre, 28 Waterfall Avenue, Riverside Industrial, Mpumalanga, Mbombela, South Africa, 1226, being the owner and operator of the Betbus Platform. Any reference to “Betbus” in these General Terms and Conditions shall include the Company and vice versa;
1.6. "Content" means all material uploaded to the Betbus Platform, including games, photos, audio (for example, dialogue, music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, GIFs, and any other uploaded material whatsoever;
1.7. “FICA” means the Financial Intelligence Centre Act 38 of 2001, as amended;
1.8. “General Terms and Conditions” means this Betbus General Terms and Conditions policy document governing access to and use of the Betbus Platform applicable to all Users;
1.9. “MER” means the Mpumalanga Economic Regulator, an entity established to ensure effective regulation of the gambling and liquor industries within the Mpumalanga Province of South Africa;
1.10. “Platform” means the betbus.co.za interactive online sports betting platform and website that via their User Account;
1.11. “Prohibited Activity” means any activity by a User that Betbus has forbidden, including:
1.11.1. the misuse or abuse by a User, or any person acting in concert with or on behalf of a User, of bugs, glitches or errors in the Services;
1.11.2. the use by a User, or any person acting in concert with or on behalf of a User, of bots or any other form of artificial intelligence;
1.11.3. a User, or any person acting in concert with or on behalf of a User, hacking, attacking or abusing the Services or any servers, software or other components of the Services;
1.11.4. a User, or any person acting in concert with or on behalf of a User, using VPNs or other software to circumvent any geographic limitations applicable to the Services;
1.11.5. a User participating in, aiding or facilitating criminal, fraudulent and/or illegal activity of any kind;
1.11.6. the integrity of an event on which betting has been struck being called into question;
1.11.7. the odds or prices in respect of an event for which betting has been struck have been improperly manipulated;
1.11.8. match-rigging, collusion, match-fixing, cheating or other unethical activity;
1.11.9. engaging in betting by any term of their employment contract, any law or any rule of a sporting governing body applicable to the User; and/or
1.11.10. a User, or any person acting in concert with or on behalf of a User manipulating, misusing or abusing any bonus, competition, and/or promotion;
1.12. “Services” means the Betbus Platform and Content made available on the Betbus Platform, including betting services on sporting events and/or any other lawful contingency;
1.13. “Syndicate Betting” means a situation where a group of individuals act together for the purposes of placing a bet or series of bets on the same event or market;
1.14. "Terms of Service" means the legally binding agreement between the Company and any User, including but not limited to, General Terms and Conditions, Privacy Policy and Cookie Policy;
1.15. “User” means any user of Betbus, that participates in any offerings uploaded to/affiliated with the Betbus Platform;
1.16. “User Account” refers to an account created by a User for purposes of using the Company’s Services;
1.17. "User Transaction" means any transaction by Users pertaining to any offering uploaded to/affiliated with the Betbus Platform, including the creation of a User Account;
1.18. “User Wallet” means an online wallet in the name of the User into which the Company credits winnings and any other payments due to the User, which a User may withdraw in accordance with this Agreement;
1.19. “you”, “your” means Users of Betbus.
2. ABOUT BETBUS
2.1. The Betbus Platform is an interactive online sports betting platform and website, that allows Users to, inter alia, register bets through their personal account and receive winnings via their personal account, wholly owned and operated by the Company.
2.2. The Company is licenced to accept bets under a Bookmaker Licence issued by the MER. The Company is further authorized to provide the software and back-end services which support the Betbus Platform under a provincial manufacturer licence issued by the MER. All bets placed with the Company are deemed to be placed and received in the jurisdiction of South Africa in accordance with the terms of the Bookmaker Licence.
2.3. The use of the Betbus Platform may be subject to separate third-party terms of service and fees, including, without limitation, mobile network operator terms of service and fees, including fees charged for data usage and coverage, which fees and charges are your sole responsibility. It is your responsibility to retain copies of all transaction records, service policies and rules pertaining to your use of the Betbus Platform.
2.4. The Betbus Platform is provided “as is” without warranties of any kind and the Company’s liability to you is limited.
3. ACCEPTANCE OF BETBUS TERMS OF SERVICE
3.1. By accessing, using or visiting betbus.co.za or any of its Content, and/or functionalities, you agree to be bound by the Betbus Terms of Service. If you do not agree, you may not access or use the Betbus Platform. If you would like a copy of the Betbus Terms of Service, contact the Company at support@betbus.co.za.
3.2. You warrant and accept that use of the Services is for your own personal entertainment and non-professional use and that, in making use of the Services, you are acting on your own behalf. You acknowledge that any activities in violation of these Terms are strictly prohibited.
3.3. These Betbus General Terms and Conditions apply to all Users of the Betbus Platform, whether accessed via computer, mobile device, or other technology, manner, or means.
4. LEGAL CAPACITY TO ACCEPT BETBUS TERMS OF SERVICE AND ELIGIBILITY TO BET
4.1. No person may apply for an account or place a bet with Betbus or enforce any debt arising out of any such bet, unless such person:
4.1.1. is a natural person (Affiliates, companies, close corporations and other corporate entities are disqualified from betting);
4.1.2. is at least 18 years of age;
4.1.3. is ordinarily resident in South Africa
4.1.4. has completed the User Account Registration Form accurately and in full and has been accepted as an account holder by the Company;
4.1.5. is not listed on the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004; and
4.1.6. is not in breach of these General Terms and Conditions.
4.2. By completing the User Account Registration Form, you warrant that you have read, understood and accepted these General Terms and Conditions and all Rules relating to betting on sporting events or any other lawful contingency published on the Betbus Platform from time to time and will be deemed thereby to have made an application requesting the Company to:
4.2.1. conclude an agreement in accordance with these General Terms and Conditions for the provision of the Services to you.
4.2.2. for the purposes of paragraph 4.2.1, to establish a betting account in your name, which application shall be deemed to have been granted, and the account shall be deemed to have been opened, if the Company informs you thereof or accepts a bet or bets subsequent to receipt of the completed User Account Registration Form.
5. AMENDMENTS TO BETBUS TERMS OF SERVICE
5.1. The Company reserves the right to make changes to the Betbus Terms of Service at any time and at our sole discretion. All changes are effective immediately when posted to the Company website and/or Betbus Platform and apply to all access and use of the Betbus Platform thereafter. By continuing to use the Betbus Platform after such notice, you agree to the amended Betbus Terms of Service. You are expected to review this page from time to time to ensure awareness and familiarity with any changes, which may be applicable to and binding on you.
5.2. The updated version of the Betbus Terms of Service supersedes any prior version/s immediately upon being posted, and the prior version/s shall have no continuing legal effect. It is your responsibility to periodically and regularly review the Betbus Platform to ensure that you always remain compliant with the latest version of the Betbus Terms of Service.
6. COMMUNICATION
6.1. By using the Betbus Platform you expressly and specifically consent to receiving electronic communications from the Company, including emails, posting communications on the Betbus Platform and messages posted to your User Account.
6.2. You acknowledge and agree that all electronic communications, including but not limited to, notices, agreements and disclosures provided to you by the Company will satisfy any legal communication requirement, including that such communication be in writing.
6.3. You agree to maintain copies of electronic communications.
6.4. You also expressly and specifically consent to receiving certain other electronic communications from the Company, such as newsletters regarding the Betbus Platform, special offers, promotions, competitions and surveys.
6.5. Should you wish to withdraw your consent to receiving communications from the Company at any time, you are required to email support@betbus.co.za, notifying the Company of your withdrawal of consent.
7. ACCOUNT REGISTRATION AND RELATED INFORMATION
7.1. To access certain additional features and functionality of the Betbus Platform, you must register an account with betbus.co.za. All information provided to the Company during registration will be held and used in accordance with the Betbus Privacy Policy.
7.2. Login details and access to your account
7.2.1. It is your responsibility to ensure that your account login details remain confidential and secure, including your username, passwords and any other information that forms part of the Company security procedures.
7.2.2. You agree to provide true, accurate, current and complete information about yourself as requested in all registration forms and to update information about yourself promptly, and as necessary, to maintain current and accurate records.
7.2.3. You agree that all information you provide to register and create a Betbus account, including but not limited to use of any interactive features on the Betbus Platform is governed by the Betbus Privacy Policy, and you consent to the Company taking any action with respect to your information in a manner consistent with the Betbus Privacy Policy.
7.2.4. You warrant and undertake that you shall not:
7.2.4.1. apply for or hold more than 1 (one) User Account with Betbus; or
7.2.4.2. apply for a User Account in the name of, or on behalf of, any other person.
7.2.5. You acknowledge and agree that your User Account is personal to you and you will not disclose your User Account login details to any other person or entity nor will you allow any other person or entity to have access to your User Account and the Betbus Platform or portions thereof. You may never use any other person’s User Account and they may not use yours.
7.2.6. If you have reason to believe that any other person has used or is using your User Account or if your User Account has been subject to any other breach of security, you will immediately notify the Company at support@betbus.co.za. It is your responsibility to immediately inform the Company of any apparent breach of security, such as loss, theft or unauthorised disclosure or use of a username or password.
7.2.7. You will ensure that you log out of your User Account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
7.2.8. You acknowledge that you are solely responsible for all activities that occur on your User Account, regardless as to whether such activities occurred as a result of any other person using your account. You agree that the Company will not be liable for any loss sustained or caused by any unauthorised access and use of your User Account. You further agree that you may be liable for the losses suffered by the Company due to any unauthorised use of your User Account.
7.3. The Company reserves the right to:
7.3.1. accept an application for a new User Account;
7.3.2. decline an application for a new User Account for any reason whatsoever; and/or
7.3.3. cease accepting bets from a User in its sole discretion for any reason whatsoever, which reason the Company shall not be obliged to furnish or disclose to the User or any other person.
7.4. The Company shall decline an application for a new User Account if:
7.4.1. the User Account Registration Form has not been completed in full; and/or
7.4.2. the information contained in the User Account Registration Form is found to be incorrect or subject to a material omission; and/or
7.4.3. any information required to be submitted in conjunction with the User Account Registration Form or requested by the Company prior or subsequent to the submission of such Form is not provided by the User in the manner or format or within such timeframes as the Company may specify.
7.5. Once a business relationship has been established between you and the Company, a betting account will be created in your name and you will be required to log into your Betbus User Account for the purpose of entering into betting transactions via Betbus, using your personalised login details, including a betting account number (which shall be your mobile telephone number and/or such other unique identifying method as may be implemented by the Company from time to time) and password.
7.6. If there is any difference between the information entered by you at the time of logging into your User Account, and the information supplied to the Company by you at the time of establishing the business relationship, you will not gain access to your User Account and will be required to contact the Company for assistance.
7.7. Termination of your agreement and account
7.7.1. The Company reserves the right, in its sole discretion, to terminate your Agreement with the Company and your access to the Betbus Platform for any reason, by giving you 30 (thirty) days’ electronic written notice. We also reserve the right, in our sole discretion, to immediately terminate your Agreement with the Company and your access to the Betbus Platform, without prior notice if:
7.7.1.1. the Company is of the opinion you have or may have grossly or repeatedly breached any provision of the Betbus Terms of Service; or
7.7.1.2. you attempt or threaten to breach any part of the Betbus Terms of Service in a way which has or could have serious consequences for the Company or any other User; or
7.7.1.3. you take any action that, in the Company’s opinion, has caused or is reasonably likely to cause the Company to suffer a loss or otherwise damages the reputation of the Company and/or the Betbus Platform.
7.8. Upon termination of your Agreement with the Company, we may deal with your User Account in accordance with the Betbus Privacy Policy, including but not limited to suspending and/or deactivating your User Account, and you will no longer be entitled to access your User Account.
7.9. We are entitled to disclose any information or records in our possession or control relating to your use of the Betbus Platform, to law enforcement agencies in connection with any investigation of suspected illegal activity, to protect the Company’s rights or in response to legal process.
8. COMPLIANCE WITH THE FINANCIAL INTELLIGENCE CENTRE ACT 38 OF 2001 (AS AMENDED)
8.1. The Company is classified as an accountable institution, and therefore is bound by the provisions of the Financial Intelligence Centre Act, Act 38 of 2001, as amended, which details the requirements in relation to identity establishment and verification procedures, User due diligence, the recording and ongoing monitoring of transactions, the retention of records and related matters. All these requirements have been put in place to ensure that the betting services provided by licenced bookmakers such as the Company are not unlawfully used as vehicles for money laundering and/or the financing of terrorism or other criminal activities.
8.2. Where FICA or its associated regulations and instruments specify particular procedures and/or restrictions, the Company will operate in accordance with such procedures and/or restrictions. Where FICA does not specify such procedures and/or restrictions, the Company shall implement its own procedures and/or restrictions, subject always to any applicable legislation, so as to promote good corporate governance and socially responsible betting practices. For more information on FICA, please visit www.fic.gov.za.
8.3. For the purposes of the online environment in which it operates, the Company is required by FICA to first establish and verify the identity of all Users before lawfully creating a User Account for any such User. Accordingly, as part of the User Account registration process, prospective account holders will be required to disclose the following personal and related particulars:
8.3.1. Full names;
8.3.2. South African Identity Number or Passport Number;
8.3.3. Province of origin;
8.3.4. E-mail address;
8.3.5. Mobile number(s); and
8.3.6. Source of funds to be used for the purposes of the betting account.
8.4. No User Account will be created unless the identity of the User who applied for a User Account has been conclusively established and verified by the Company.
8.5. In certain instances, the Company may require a User to provide proof of identification and/or residential address. In such event, the following procedures shall be followed by the Company:
8.5.1. Where an identification document or a Smart ID Card (front and back) is transmitted to the Company via an uploading process or by email, such documents will be required to be current (unexpired in the case of passports) and may, at the sole discretion of the Company discretion, be required to be certified as true copies of the original.
8.5.2. A driver’s licence (front and back) may be accepted as proof of identification, provided that:
8.5.2.1. The User is unable to produce an Identity Document for reasons which are acceptable to the Company in the circumstances;
8.5.2.2. The driver’s licence is valid/current (has not expired), and
8.5.2.3. The driver’s licence reflects on the face thereof –
8.5.2.3.1. A photograph of the bearer;
8.5.2.3.2. The full names or initials and surname of the bearer;
8.5.2.3.3. The date of birth of the bearer; and
8.5.2.3.4. The Identity Number of the bearer.
8.5.3. the Company may similarly, in its sole discretion, accept the following forms of identification:
8.5.3.1. a valid, current work permit; or
8.5.3.2. a valid, current asylum seeker or refugee permit,
provided that any such document has not, on the face of it, expired and reflects the full names and surnames of the bearer and reflects a photograph of the User.
8.5.4. Utility bills and similar documents submitted as proof of residential address shall be dated no earlier than 3 (three) months prior to the date of submission to the Company.
8.6. By completing the online User Account Registration Form on the Betbus Platform, you confirm and irrevocably consent that the Company shall be entitled to, in its sole discretion, conduct such identification, credit and other verification and/or screening and/or security checks (including, but not limited to, verifying your source of funds). The Company shall similarly be permitted to conduct such checks as required by applicable legislation, any regulatory or statutory authority having jurisdiction and/or the Regulator.
8.7. You further voluntarily and explicitly consent that as part of the registration process, and at any time during the period for which you hold a User Account with the Company, that the Company may supply the identifying details and any related particulars provided by you to third-party service providers, including, without limitation, identity verification and/or screening agencies, cellular network providers, financial institutions, credit bureaus and/or any other national and/or provincial governmental agencies or statutory bodies.
8.8. In fulfilment of the Company’s obligations under FICA, you may be required, during the registration process or at any stage during the period for which you hold a User Account with the Company, to furnish the Company with a copy of your identity document (i.e. a copy of a valid identity document/card and/or passport which must be legible and valid), proof of physical address (i.e. statement/invoice of account rendered by a City Council or Municipality or a bank in the case of mortgaged property) and proof of banking account details (which statements shall not be older than 3 (three) months). the Company shall advise you which documents it may require for this purpose.
8.9. Your failure to provide any such document within the timeframe specified by the Company may result in:
8.9.1. if required as part of the registration process, the suspension of the registration process, with no betting account being created for you until such time as the information is provided to the satisfaction of the Company; or
8.9.2. if required at any stage during the period for which you are the holder of a User Account, the suspension and/or deactivation of your User Account until such time as the information is provided to the satisfaction of the Company; or
8.9.3. the permanent termination of your User Account in the event you neglect and/or refuse to provide the relevant information.
8.10. As part of the User Account registration process, you will be prompted to select a dedicated, secure password in respect of your User Account.
8.11. Once all required verification procedures have been successfully completed, your User Account will be created and the Company will transmit a message to you via e-mail and/or SMS, confirming the creation of your User Account in your name.
8.12. The Company is legally obliged to generate reports to the Financial Intelligence Centre (“FIC”) in the event of:
8.12.1. suspicious or unusual transactions; and/or
8.12.2. transactions entered into by persons suspected of intending to commit or of having committed any offence contemplated in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.
8.13. The Company reserves the right to suspend any User Account that has not met FICA-related requirements.
8.14. The Company may at any time request a User to produce a hard or soft copy of their Identity document or Smart ID Card, passport and/or proof of residential address.
9. EVENTS AND CONTINGENCIES ON WHICH BETTING IS OFFERED
9.1. The Company shall, in its sole discretion, determine the markets, events or contingencies on which betting shall be offered, provided that:
9.1.1. Multiple bets are not accepted where the outcome of 1 (one) part of the bet contributes towards the outcome of another (i.e. “related contingencies”). If a User inadvertently or deliberately back a related contingency in a multiple bet, the bet will be voided and the stake returned.
9.1.2. Any multiple stake made up of more than 1 (one) selection from the same event will be deemed to be a related contingency, (e.g. Chelsea to win the semi-final onto Chelsea to win the Tournament); and
9.1.3. Any multiples involving the same team or its players or the same selection will be deemed to be a related contingency (e.g. Paul Pogba to be Man of the Match and Manchester United to win the match).
9.2. The Company may, from time to time, determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or in any given case. It shall be your responsibility, before placing a bet on a market, to determine whether such maximum or minimum applies to that market and, if so, the extent thereof.
9.3. The Company may determine minimum or maximum amounts that a User may win or lose in respect of a bet, whether in general or in any given case. It shall be your responsibility, before placing a bet on a market, to determine whether such maximum or minimum applies to that market and, if so, the extent thereof.
9.4. The Company may, in its sole discretion, from time to time offer Users the opportunity to place bets during the course of a certain event (“bets in-running”).
9.5. The nature and extent of any spreads offered by the Company shall be determined from time to time at the sole discretion of the Company, and it shall be your responsibility to enquire, before placing a bet, what the ruling spread is.
10. PROCEDURE FOR PLACING BETS
10.1. You shall place your bets via the internet or through such other electronic media as may be made available by the Company.
10.2. Irrespective of your origin or physical location or any electronic signal pursuant to which bets are struck, any betting transaction between you and the Company shall be valid only once such bet has been accepted by the server operated by the Company. Prior to such acceptance, no communications from you shall be binding on the Company, and all information displayed on the Betbus Platform constitutes an invitation to play only. Should the Company elect to waive a rule in the interests of fair play to you or for any other reason, such waiver shall apply only in respect of the specific transaction involved and shall not set a precedent for the future.
10.3. Any bet accepted by the Company will be deemed to have been placed at its licenced premises.
10.4. The Company may, in its sole discretion, elect whether to accept or reject a bet requested, or any component thereof.
10.5. You voluntarily authorise and consent to each electronic or other communication relating to any bet placed being recorded by the Company in such manner as the Company deems fit and that such records may be retained for as long as the Company deems necessary. You acknowledge that the Company is required to keep such records by law and that such records may be used by the Company for the investigation and resolution of disputes which may arise between you and the Company or for any other lawful purpose.
10.6. You shall bear the responsibility of ensuring that all bets are accurately placed and recorded by the Company. The Company shall furnish confirmation of a bet to you as may be required by law.
10.7. The Company shall accept bets during usual South African business hours and at such other times as the Company may deem fit.
10.8. You shall be responsible for ensuring that you are fully aware of and understand the rules applicable to the market on which you propose to place a bet.
10.9. The placement of a bet on any market signifies your acceptance of the rules published by the Company in respect thereof and of these General Terms and Conditions.
10.10. While the Company will endeavour to ensure complete accuracy in relation to the announcement, publication and issue of prices, off-times (starting times of events) and results, the Company does not accept responsibility for any errors which may arise in this regard and reserves the right to correct any such errors in such manner as it may determine in its sole discretion. To the fullest extent permitted by law, you indemnify and hold the Company harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.
10.11. The time of acceptance of a bet shall be the time at which such bet was recorded on the wagering software operated by the Company.
10.12. Any bet accepted after the “off” or starting time of the event whereon such bet is struck (other than bets in-running) shall be null and void and of no force or effect. Any bets taken on results already known at the time of the placement of such bets will be voided/cancelled by the Company, as further described in clause 29.
10.13. Additional or new markets may be made available by the Company from time to time. It is your responsibility to read and accept the market rules applicable to such markets before placing any bets.
11. USER DEPOSITS AND PAYMENTS
11.1. Once your User Account has been established, you may deposit funds into your User Account by:
11.1.1. Logging into your account, using the username and secure password (created and confirmed by you as part of the registration process);
11.1.2. By selecting the “Deposit” function.
11.1.3. Selecting the manner in which the deposit is to be made, whether by way of:
11.1.3.1. Credit or Debit Card;
11.1.3.2. Electronic Funds Transfer (“EFT”);
11.1.3.3. Payment Vouchers;
11.1.3.4. Third-party e-wallet methods such as Zapper;
11.1.3.5. Such other deposit and/or account replenishment methods as may be made available to you by the Company from time to time,
and in the case of deposits made by the methods referred to in 11.1.3.1, 11.1.3.2 or 11.1.3.5 above, by populating the fields with the requested identifying information in relation to the account from which the deposit is to be made.
11.2. 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 User Account is held.
11.3. You shall be entitled to replenish any deposit referred to in clause 11.1 at any time.
11.4. No interest shall accrue in respect of any monies held in your User Account.
11.5. No credit may be offered by the Company to any User.
12. UTILISATION OF FUNDS
12.1. If deposits are made into your User Account using the methods set-out in clause 11.1 above, and it is identified that the names of the account holder or cardholder do not match your names, the monies purported to have been deposited will be kept in your User Wallet, and the Company will suspend your User Account. In such event, the Company will request you provide confirmation of bank account details and documentary proof of identification, and based on the information obtained from you, will determine whether your User Account may be reactivated. If confirmation of your bank account details are not received in response to a request by the Company, the Company will terminate your User Account.
12.2. You acknowledge and agree that the deposit referred to in clause 11.1 will be held and applied as security for the discharge of any amount which may become owing by you to the Company.
12.3. You shall, under no circumstances, place a bet or attempt to place any bet the amount of which, calculated together with any other outstanding bets, exceeds your available credit balance with Betbus, being the net amount on deposit with Betbus (after all adjustments in respect of taxes, winnings and losses up to the time of placing of the bet). It shall be your responsibility before placing a bet to determine whether your available credit balance will be exceeded by placing a bet.
12.4. If, owing to a system malfunction or for any other reason, the Company accepts a bet in the circumstances referred to in clause 12.3, it shall be entitled at its election either prior to, during or after the outcome of the event or contingency upon which the bet was placed, to honour the bet or to refund your stake in respect of the bet without regard to any winnings thereon. Alternatively, the Company may restrict the size of any stake without notification to you, to ensure that the available credit balance is not exceeded.
12.5 Acceptance by the Company of a bet over the available credit balance shall not constitute a waiver of its rights:
12.5.1. to collect all amounts (including losses) arising from any such bet from you; or
12.5.2. to enforce the appropriate limits at any later time.
12.6. The Company shall debit your User Account in respect of bets accepted by the Company on an ongoing basis.
13. WITHDRAWALS
13.1. The Company shall credit your User Account in respect of winnings and refunds accruing to you in consequence of bets placed on an ongoing basis, the maximum withdrawal per day shall be limited to R500,000.00 (Five Hundred Thousand Rand) per User.
13.2. You may withdraw amounts standing to the credit of your User Account via the Betbus Platform by:
13.2.1. selecting the function “Withdrawal” on the website or mobile application. In each such case, you will be prompted to populate a series of fields displayed with the identifying details of the account into which payment is requested to be made (“Nominated Account”); or
13.2.2. requesting the Company forward the amount sought to be withdrawn, subject to a maximum limit per day as determined from time to time, to an ATM via Send Money, Cash Send or similar facilities made available by banking institutions and/or payment providers.
13.3. The Company does not accept requests for withdrawals made via telephone or email. Requests for withdrawals can only be processed via the Betbus Platform.
13.4. No withdrawal requests will be processed where you have requested payment to be made into a banking account in the name of any person other than your name. For the avoidance of doubt:
13.4.1. Settlements and/or payments in respect of User Accounts shall be made to the account holder only, and not to any third-party under any circumstances;
13.4.2. Your right to payment is not transferable to any other person; and
13.4.3. If you wish to replace your Nominated Account with another banking account for the purposes of payment, this will be permitted only once you have formally directed a written request to the Company, and the Company has satisfied itself that the account is a valid banking account in your name. You will be required to furnish proof regarding the new account details.
13.5. Withdrawals may require multiple transactions over a number of days, based on payment provider limitations.
13.6. Charges may be incurred in respect of withdrawals, for which you shall be liable. You will be informed of the anticipated charges upon requesting any such withdrawal.
13.7. You shall be solely responsible for ensuring the accuracy of the banking information supplied in a withdrawal request, the Company shall accept no liability whatsoever for errors made by you in this regard.
13.8. On receipt of a withdrawal request, the Company reserves the right to:
13.8.1. perform such investigation as may be required to confirm that the amount requested by you, after effecting all deductions or adjustments which may be required, is available to be transferred from your User Account to the banking account nominated by you for this purpose;
13.8.2. if the requested amount is not available in your User Account, the company shall inform you that the request has been declined in such a manner as the Company may deem appropriate;
13.8.3. in the event the requested amount is available in your User Account and provided you have not been placed under review, effect, within 72 (seventy-two) hours of confirming availability of the amount, the electronic transfer of the requested amount from your User Account to your Nominated Account; provided that, for the purposes of this clause, the Company shall be deemed to have fully complied with its obligation to effect such transfer at the time of giving the instruction to its bankers and the 72 (seventy-two) hour period (weekends and public holidays are not taken into account) contemplated in this clause shall not include such further period as may elapse before the requested amount is deposited into your Nominated Account; and
13.8.4. immediately reduce the balance standing to the credit of your User Account by the amount transferred to your Nominated Account.
13.9. Any withdrawal requested by you may be withheld by the Company pending payment by you to the Company of all monies owing by you.
13.10. Prior to releasing any funds from your User Account, the Company may, in its discretion:
13.10.1. require you to upload proof of your bank account details, issued by the relevant bank. Where required, the Company may perform an online proof-of-banking verification, in order to confirm the account to which withdrawals from your User Account will be transferred is an account in your name; and/or
13.10.2. request you upload a valid form of identification (e.g. a copy of a valid identity document/card, passport, driver’s licence or any other valid documentary form of identification). As a result of these checks, there may be a delay in processing the withdrawal. The Company reserves the right, in its sole discretion, to determine which forms of identification shall be accepted. If you have deposited funds via credit card or Instant EFT or have requested a withdrawal to be paid into a credit card or cheque account, the Company may request copies of both the front and back of the relevant card.
13.11. Before any withdrawals are processed, the Company reserves the right to review your activity on the Betbus Platform for any Prohibited Activity. Should it be determined that you have engaged in any Prohibited Activity, the Company reserves the right to withhold any withdrawals and/or confiscate/recover all winnings which it reasonably believes are or may be related to the Prohibited Activity.
13.12. If the value of a deposit has not been played through in full before a withdrawal is requested, the Company reserves the right to refuse a requested withdrawal until the value of such deposit has been played through in full.
13.13. In the event that funds are incorrectly credited to your User Account:
13.13.1. it shall be incumbent on you to notify the Company of the aforesaid error without delay;
13.13.2. any such amount shall be held in trust by you and shall not be withdrawn from your User Account;
13.13.3. any such amount shall be recovered from your User Account by the Company or returned to the Company on demand; and
13.13.4. unless otherwise notified by the Company, any betting transactions concluded by you subsequent to the error shall be void.
14. RECOVERY OF AMOUNTS DUE TO BETBUS
14.1. In the event of a debit balance arising in your User Account owing to the acceptance of a bet in excess of your available credit balance, you shall, within 3 (three) business days of written demand by the Company, pay to the Company such amount either:
14.1.1. by a direct transfer of the relevant amount directly into a banking account operated by the Company, in which event:
14.1.1.1. your User Account number with the Company must be entered onto the base of the deposit slip; and
14.1.1.2. a copy of the deposit slip must be forwarded to the Company by you, or
14.1.2. by furnishing the Company with written authorisation, in such format as the Company shall require, for the recovery by the Company of the relevant amount from your credit card company.
14.2. The Company shall not:
14.2.1. under any circumstances whatsoever be liable to you if your credit card company or third-party payment provider refuses to honour any claim lodged by the Company against your credit card or third-party payment provider. No dispute of whatever nature between you and your credit card company or third-party payment provider shall exempt you from your liability to the Company in respect of payment and you shall not be entitled to instruct the Company to reverse a payment instruction that has already been made to your credit card company or third-party payment provider.
14.2.2. be responsible for:
14.2.2.1. 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 the Company; or
14.2.2.2. any damages, loss or expense which you may suffer as a result thereof; and/or
14.2.3. be liable for any loss or damage suffered by you as a result of the unauthorised 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.
14.3. The Company shall be entitled to recover amounts from you in any of the following circumstances (without limitation):
14.3.1. should there be a debit balance in you User Account owing to the erroneous acceptance of a bet in excess of the limit reflected in your User’s Account;
14.3.2. should the Company have, in error, credited your User Account through incorrect bet settlement and you have withdrawn and/or spent all or part of the incorrectly credited amount;
14.3.3. in the event the Company has erroneously allocated funds to your User Account and you have withdrawn and/or spent all or part of the incorrectly allocated amount; or
14.3.4. if you have placed a bet in contravention of the Betbus Terms of Service, and such bet is subsequently adjusted so that you have spent all or part of the adjusted balance, resulting in a negative User Account balance.
14.4. The Company may, in its sole discretion, determine the manner in which payments to the Company by you shall be appropriated in respect of amounts owing by you to the Company.
14.5. Should any bets be placed with monies mistakenly credited to your User Account, the Company reserves the right to void such bets and cannot be held liable for any losses sustained by you in consequence thereof.
14.6. Notwithstanding anything to the contrary contained herein, the Company shall be entitled to set-off any amount(s) due to the Company by you against any funds standing to the credit of your User Account or to realize any security held by the Company and to use the proceeds towards payment of any amount due and payable by you to the Company.
15. PROOF OF INDEBTEDNESS
For all purposes of these General Terms and Conditions, a certificate signed by any director, manager, assistant manager, trader or accountant of the Company (whose appointment need not be proved) stating the amount of your indebtedness to the Company, shall be prima facie proof of such indebtedness.
16. MONITORING OF BETTING ACCOUNT ACTIVITY
16.1. The Company is both entitled and legally obliged to monitor all User betting account activity for irregular and/or unlawful activity and suspicious and/or unusual betting account management. Any such activity may result in the immediate termination of your User Account.
16.2. The Company may withhold the payment of winnings and/or declare bets on an event void and/or immediately terminate your User Account should there be any evidence of Prohibited Activity by you.
17. TAXES AND LEVIES
17.1. Where relevant, all betting taxes required by South African law, shall be held by Betbus and paid over on behalf of the User.
18. USE OF BETBUS INTELLECTUAL PROPERTY
18.1. betbus.co.za and associated names and logos are the Company trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Betbus Platform, such as trademarks, service marks, names or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. The User is granted no right or licence regarding any of the aforesaid trademarks, service marks or logos.
18.2. The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Betbus Platform or vice versa.
18.3. All rights in and to the Betbus Platform and its entire contents, features, databases, source code and functionality, are owned by the Company and/or its licensors. Such material is protected by intellectual property laws.
18.4. You irrevocably acknowledge and agree not to reproduce, adapt, duplicate, copy, sell, distribute, rent, resell, publicly display, link to or exploit the Betbus Platform or any adaptions thereof as such conduct would constitute copyright infringement.
18.5. You further acknowledge and agree that the material and Content contained within the Services or on the Betbus Platform is made available for personal, non-commercial use only. Any other use of such material and content is strictly prohibited.
19. LINKS TO THE BETBUS PLATFORM AND SOCIAL MEDIA FEATURES
19.1. You may link to the betbus.co.za homepage, provided you do so in a manner that is fair and legal and does not damage or take advantage of the Company reputation. You cannot establish a link in such a way as to suggest any form of association, approval or endorsement on behalf of the Company.
19.2. The Betbus Platform may provide certain social media features that enable you to:
19.2.1. link from third-party websites to certain content on the Betbus Platform;
19.2.2. send emails or other communications with certain content, or linked to certain content on the Betbus Platform;
19.2.3. cause limited portions of the content on the Betbus Platform to be displayed or appear to be displayed on certain third-party websites.
19.3. You may use these features solely as they are provided by the Company and solely with respect to the content displayed and otherwise in accordance with any additional terms and conditions provided by the Company regarding such features. Subject to the aforegoing, you must not:
19.3.1. cause the Betbus Platform or portions thereof to be displayed or appear to be displayed by, for example, framing, deep linking, in-line linking, on any other site; and/or
19.3.2. otherwise engage in any activity regarding materials on the Betbus Platform that is inconsistent with any other provision of the Betbus Terms of Service.
19.4. You shall co-operate with the Company to immediately cease any unauthorised framing or linking. The Company reserves the right to withdraw linking permission without notice.
19.5. The Company may disable all or any social media features and any links at any time without notice, in their sole discretion.
20. LINKS FROM THE BETBUS PLATFORM
20.1. If the Betbus Platform contains links to other sites and resources provided by third parties, these links are provided for convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over, and assumes no responsibility for, the contents, privacy policies, or practices of such other sites or resources, and accepts no liability for them or for any loss or damage that may arise from any use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by the Company. Should you elect to access any third-party sites linked to the Betbus Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Further, you irrevocably agree to release and indemnify the Company from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Betbus Platform.
20.2. Any communications, dealings with or participation in promotions of sponsors, advertisers, or other third parties located through the Betbus Platform, are solely between you and such third parties. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as a result of any dealings which such sponsors, third parties or advertisers, or as the result of their presence on the Betbus Platform.
21. PRIVACY POLICY
Use of the Betbus Platform is subject to the Betbus Privacy Policy, which is hereby incorporated by reference into these General Terms and Conditions. By using the Betbus Platform, you agree that you have read, understood and unequivocally agree to the data collection, use, and disclosure provisions set forth in the Betbus Privacy Policy.
22. MOBILE SERVICES
22.1. The Betbus Platform includes certain services that are available via a mobile device, including:
22.1.1. the ability to browse the Betbus Platform from a mobile device, and;
22.1.2. the ability to access certain features of the Betbus Platform through applications downloaded and installed on a mobile device (collectively, the “Mobile Services”).
22.2. To the extent that you access the Betbus Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply and you acknowledge that you are solely responsible for all such fees and charges. In addition, you acknowledge that your carrier may restrict downloading, installing, or using certain Mobile Services, and not all Mobile Services may work with all carriers or devices.
23. ACCOUNT DEACTIVATION
23.1. The Company shall have the right, prior to accepting any bet, to temporarily suspend or permanently terminate the provision of betting services to you without providing any reason. Upon such suspension or termination:
23.1.1. the Company shall, upon demand by you, refund the balance of any monies held by the Company in your User Account, after adjusting for losses, winnings and taxes and once such funds have been cleared into the Company’s banking account.
23.1.2. any amounts owed by you to the Company shall become payable immediately.
23.2. You shall, upon written notice to the Company, be entitled to terminate your contractual relationship with the Company at any time after final conclusion of any betting transaction placed by you and after payment of all amounts owing by you to the Company. The Company shall within a reasonable time after such termination, refund the balance of any monies held in your User Account, after adjusting for losses, winnings and taxes.
23.3. The Company shall accept no further bets from you in the event the provision of services pursuant to these General Terms and Conditions have been terminated, unless and until a new User Account Registration Form has been submitted by you and accepted by the Company.
24. ADVERTISMENTS
24.1. Third Party Advertisements
The Betbus Platform may display advertisements for the goods and services of third parties or other promotional materials. Any dealings with, or participation in, promotions and/or competitions of any third-party advertisers on the Betbus Platform, are solely between you and such third-party, and participation is subject to any terms and conditions associated with that advertisement, promotion or competition. The Company does not endorse or represent such third parties, and by using the Betbus Platform, you agree that the Company is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or the presence of such third parties on the Betbus Platform.
24.2. Third Party Sites
The Betbus Platform may also include links to third-party websites or third-party services that are not owned or operated by the Company (collectively, “Third-Party Sites”). The Company does not endorse or represent such third parties and the Company is not responsible for the availability of these Third-Party Sites, or any products, services and/or content contained therein. You agree that the Company is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as a result of your use of or reliance on any Third-Party Sites. Certain functionalities of the Betbus Platform may also require that you agree to additional terms and conditions of Third-Party Sites. You agree that you are solely responsible for the acceptance of and compliance with such terms and conditions whenever you use or access such Third-Party Sites.
25. INDEMNITY
25.1. You agree to indemnify and hold harmless the Company, its site operator, its affiliates, licensors, service providers, officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses, including, without limitation, legal and accounting fees, arising out of or in any manner connected to your:
25.1.1. access, use, or misuse of the Betbus Platform;
25.1.2. violation of any third-party right, including without limitation, intellectual property or privacy right; or
25.1.3. violation of the Betbus Terms of Service.
25.2. The Company is not affiliated with any mobile carrier, radio station or other third-party service provider, and any dispute you have with any such third-party service provider or any other third-party, including, without limitation, any other User of the Betbus Platform, is directly between you and such third-party, and you irrevocably release the Company (and our officers, directors, agents, joint ventures, employees, successors, and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
25.3. The Company will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if the Company is unable to communicate with you in a timely manner because of an inactive e-mail address, your indemnification obligation will continue notwithstanding the Company’s inability to contact you in a timely manner or at all.
25.4. The Company reserves the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to co-operate with any reasonable requests to assist the Company in defence of such matter. You further agree not to settle any matter without obtaining prior express written consent from the Company.
25.5. This indemnification will survive the Betbus Terms of Service and use of the Betbus Platform. You agree that the Company shall have the sole right and obligation to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of the Company’s choice and to compromise or settle any such claims, demands, or litigation.
26. DISCLAIMERS
26.1. You utilise the Betbus Platform at your sole risk. The Company provides the Betbus Platform “as is” and “as available”. To the fullest extent permitted by law, the Company disclaims all warranties of any kind related to the Betbus Platform and goods or services obtained through the Betbus Platform, whether express or implied, including but not limited to, the implied warranties and merchantability, fitness for a particular purpose and non-infringement. You shall be solely responsible for any damage to your computer system or loss of data that results from your use of the Betbus Platform. The Company makes no warranty or representation about the accuracy or completeness of the content on the Betbus Platform or the content of any sites linked to the Betbus Platform or that the Betbus Platform will meet your requirements and assumes no liability or responsibility for any:
26.1.1. errors, mistakes, or inaccuracies of content;
26.1.2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Betbus Platform and the Company services;
26.1.3. any unauthorised access to or use of the Company’s secure services and/or any and all personal information and/or financial information stored therein;
26.1.4. any interruption or cessation of transmission to or from the Betbus Platform or the Company services;
26.1.5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Betbus Platform or the Company services by any third-party, and/or;
26.1.6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Betbus Platform or the Company services.
26.2. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third-party/ies through the Betbus Platform or the Company services or any hyperlinked services or featured in any banner or other advertising and the Betbus Platform will not be a party to or in any manner be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should utilise your best judgment and exercise caution where appropriate.
26.3. The Company does not warrant against the interference with your enjoyment of the Betbus Platform, that the functions contained in or services performed or provided by the Betbus Platform will meet your requirements, that the operation of the Betbus Platform will be uninterrupted or error-free or not interfere with use or enjoyment of any other applications on the device on which the Betbus Platform is accessed, or that defects in the Betbus Platform will be corrected.
26.4. No oral or written information or advice given by the Company or its authorised representatives will create a warranty not expressly provided for in the Betbus Terms of Service. Some jurisdictions do not permit the exclusion of implied warranties or limitations on applicable statutory rights of a consumer; accordingly the above exclusion and limitations may not apply but, in such case, the aforegoing will be applied to the greatest extent enforceable under applicable law.
26.5. The Company does not warrant that betbus.co.za is compatible with all devices and operating systems. You are responsible for configuring your information technology, device and computer programs to access betbus.co.za. You confirm you shall utilise your own virus protection software.
26.6. The Company will try and ensure that the Betbus Platform is secure and free from bugs and viruses but cannot guarantee that it will be and has no control over the content that is supplied by third-parties.
26.7. The Company is not responsible for the availability of internet, or any errors in your connection, device or other equipment, or software that may occur in relation to use of betbus.co.za.
26.8. The Company is not responsible for any lost, stolen, or compromised User Accounts, passwords, email accounts, or any resulting unauthorised activities or resulting unauthorised payments or withdrawals of funds.
26.9. The material the Company makes accessible on the Betbus Platform for Users are for general information only. The Company makes no guarantees about the accuracy or otherwise of such materials, or that you will achieve any particular result or outcome from such materials.
27. LIMITATION OF LIABILITY
27.1. To the extent not prohibited by law, in no event shall the Company, its officers, directors or employees be liable to you for any personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Betbus Platform and any content or materials available through the Betbus Platform (including, without limitation, any Content and/or third-party content), however caused, regardless of the theory of liability (contract, tort or otherwise) and even if the Company has been advised of the possibility of such damages.
27.2. In no event shall the Company’s total liability to you for all damages exceed the lesser of:
27.2.1. the amount you paid to the Company in the preceding 12 (twelve) months; or
27.2.2. R500.00 (Five Hundred Rand).
27.3. You specifically acknowledge that the Company, its officers, directors, employees, shall not be liable for Content or for the defamatory, offensive, or illegal conduct of any third-party, and that the risk, harm or damage from the aforegoing rests entirely with you.
27.4. You agree not to file any arbitration claim, lawsuit or proceeding inconsistent with the aforegoing liability limitations.
27.5. Any claim by you that may arise in connection with the Betbus Terms of Service will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.
27.6. The Company shall not be liable if you are unable to place a bet due to or any other electronic communication media utilised for the purposes of betting.
27.7. 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, epidemic or pandemic or any other similar or different cause beyond the reasonable control of the Company resulting in the cessation and/or restriction of the operations of the Company and/or the Betbus Platform, shall entitle the Company to postpone performance of its obligations to you in whole or in part, and in such event the Company shall not be responsible for any damages of any nature suffered by you, whether directly or indirectly, as a result thereof and you shall not be entitled to terminate your contractual relationship with the Company as a result of any such occurrence.
27.8. The aforegoing limitations shall apply even if the above stated remedy fails of its essential elements. Some jurisdictions do not allow the exclusion or limitation of certain types of damages or liabilities, so the above exclusion and limitations may not apply to you, but in such cases the aforegoing shall be applied to the greatest extent enforceable under applicable law.
28. LIMITATION ON TIME TO FILE CLAIMS
Regardless of any statute or legislation to the contrary, any cause of action or claim you may have arising out of or relating to the Betbus Terms of Service or the Betbus Platform must be commenced with 1 (one) year after the cause of action accrues, otherwise, such cause of action or claim shall be permanently prescribed and barred.
29. RESTRICTIONS ON BETTING
29.1. No directors, employees, partners or affiliates of the Company are permitted to place any bets or hold a User Account with the Company.
29.2. No person who in any manner participates in an event on which betting is offered by the Company may place a bet on any such event on the Betbus Platform.
29.3. Any bets placed and/or erroneously accepted in contravention of clauses 29.1 or 29.2 shall be declared void and cancelled.
29.4. Syndicate Betting is strictly prohibited by the Company. The Company reserves the right to void all bets in relation to such Syndicate Betting and to withhold payment of winnings, whether temporarily or permanently, pending the conduct of (and contingent upon the outcome of) an investigation.
30. VOID BETS
30.1. The Company reserves the right to declare any bet wholly or partially void, if any such bet or component thereof (“the Affected Selection”):
30.1.1. has been offered, placed or accepted as the result of a material or manifest error;
30.1.2. has been accepted in circumstances in which such a bet would not ordinarily have been accepted (e.g. owing to technical problems occurring in relation to the operation of the Betbus Platform);
30.1.3. has been placed in consequence of, or in the process of, Syndicate Betting;
30.1.4. has been struck in relation to an event of which the result was already known, unlawfully determined or influenced by unlawful conduct;
30.1.5. has been struck in relation to an event in respect of which a subsequent announcement has been made which significantly alters the prevailing odds in respect of such bet;
30.1.6. has been struck in any of the circumstances set forth in clauses 9.1, 10.12, 13.7, 14.3.4, 14.5, 16.2 or 29.3;
30.1.7. occurred as a result of, or was influenced by, a malfunction;
30.1.8. is affected by any other state of affairs beyond the control of the Company arising subsequent to the placement and acceptance of such bet, which materially affects the conduct of the event on which such bet was struck or the prevailing odds available in respect thereof, including acts of God, a national, provincial or global state of emergency, an epidemic or pandemic, or any other similar phenomenon; or
30.1.9. there is sufficient evidence that:
30.1.9.1. the integrity of the event to which the selection pertained has been called into question;
30.1.9.2. the price(s) or pool in respect of the event have been manipulated; or
30.1.9.3. match-rigging or fixing has taken place, or the event is under investigation as the result of an allegation to that effect.
30.2. For the purposes of this clause, the word “malfunction” shall mean any technical, operational, communication, electronic or programming error, defect, flaw or failure, whether or not same is immediately detectable to the Company, occurring on the Betbus Platform or any:
30.2.1. device, hardware or equipment owned or utilised by you for the purposes of betting; or
30.2.2. betting system and/or game software, programme, data file or any other content derived therefrom operated and/or made available by the Company, whether operated in the retail environment or whether downloaded and/or otherwise accessed and/or utilized by you for the purposes of betting, which:
30.2.2.1. causes any game or product on which betting is offered to operate otherwise than in accordance with the rules approved and/or published on the Betbus Platform in respect of such game or product;
30.2.2.2. corrupts, suspends or interrupts the normal and/or intended manner of operation of any game or product on which betting is offered; or
30.2.2.3. results in an outcome which is manifestly out of alignment with the normal and/or intended manner of operation of any game or product on which betting is offered.
30.3. The Company may void a bet at any stage, irrespective of whether:
30.3.1. the event in respect of which such bet was struck has been settled or not; or
30.3.2. you have received any form of notification from the Company that such bet is a winning bet and/or that winnings in any amount are payable in respect of such bet.
30.4. In the case of an invalid selection and/or subsequent scratching in a multiple or combination bet, the invalid selection shall be ignored and the stake shall run onto the other selection in the bet at the price indicated on the ticket/betting slip issued.
30.5. The Company 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:
30.5.1. the integrity of the event has been called into question;
30.5.2. the price(s) or pool have been manipulated; or
30.5.3. Match-rigging or fixing has taken place, or the event is under investigation as the result of an allegation to that effect.
30.6. If a bet or affected selection is voided, the amount staked shall be returned to you, unless, having regard to the circumstances, you:
30.6.1. had knowledge of;
30.6.2. can reasonably be expected to have had knowledge of; or
30.6.3. were wholly or in part, and directly or indirectly, whether acting alone or in concert with any other persons, instrumental in, or the cause of any of the circumstances listed in clause 30.1.
31. BETTING AND PAYOUT LIMITS
31.1. The Company reserves the right to limit the net pay-out on any bet or combination of bets by you. This limit may vary depending on the specific sport, league and type of bet offered.
31.2. The Company may revise the limits, whether individually or cumulatively and whether permanently or for the purposes of particular/individual bet types or markets. All applicable limits will be displayed on the Betbus Platform. It is your responsibility to ensure that you are familiar with all applicable limits before engaging in betting.
32. ERRORS
32.1. The Company reserves the right, in its sole discretion, to adjust, limit, cancel and/or reject any bet found to have been accepted in error.
32.2. If an official correction is made in respect of the price on any event that had previously been incorrectly transmitted, all bets struck at that original price shall be settled at the corrected price.
32.3. Subject to clause 30.6, should any odds in respect of a bet or event have been misstated:
32.3.1. as a result of a malfunction; or
32.3.2. in consequence of any other error, in circumstances where it is clear that the odds so stated have been skewed or misstated, when compared with the odds prevailing in the greater market, the bet or event will be deemed to have taken place on the correct price/s which were available in the general market at the time the bet was struck, and all winning bets will be settled at such price/s.
33. BREACH
33.1. In the event you breach any of these General Terms and Conditions and fail to remedy such breach within 48 (forty-eight) hours after receipt of written notice by the Company requiring you to do so, the Company shall be entitled to, without prejudice to any other rights it may have at law, forthwith terminate its contractual relationship with you and to terminate or suspend any bet placed by you, whether accepted or not, and/or to claim damages from you. In such event:
33.1.1. all amounts owing by you to the Company shall become payable immediately; and
33.1.2. the Company shall have a lien and right of retention over all monies on deposit in your User Account, pending settlement of the damages suffered by the Company.
33.2. Notwithstanding the generality of the aforegoing, you shall be deemed to be in default if:
33.2.1. you commit any act of insolvency;
33.2.2. your estate is sequestrated;
33.2.3. you endeavour to compromise with your creditors; or
33.2.4. your name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.
33.3. You shall be liable for all legal expenses (including legal expenses as between attorney and client, collection charges and tracing fees) as well as any governmental tax including but not limited to value-added tax, which the Company may incur in recovering any amounts owing by you or as result of your breach of any of these General Terms and Conditions or the enforcement by the Company of any of its rights against you.
34. DISPUTE RESOLUTION
34.1. In the event a dispute arises between you and the Company in relation to the liability of the Company to pay any alleged winnings to you and that dispute cannot be resolved between the parties, the dispute may be referred to the MER for resolution.
34.2. The Company will inform you that the dispute will be referred to the MER and shall refer such dispute to the MER within 48 (forty-eight) hours of having informed you.
34.3. You may, however, of your own volition, refer a dispute to the MER for resolution.
34.4. The MER shall conduct an investigation into the matter and shall thereafter resolve the dispute and communicate the outcome to the parties.
34.5. If either you or the Company are not satisfied with the MER’s finding, such party may file a petition with the MER to hold a hearing to review the finding.
34.6. The MER may elect hold such a hearing and shall determine whether the original finding should be confirmed, set aside or amended in any way.
34.7. The option to refer a dispute to the MER for resolution shall in no way supersede or supplant any party’s right to have a dispute adjudicated upon by a court of competent jurisdiction.
34.8. The parties hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act of 1994 (or any similar act replacing the act) for the purposes of any proceedings in terms of or incidental to this Agreement, provided that any party, at their option, shall have the right to institute proceedings in any division of the High Court having jurisdiction and any costs incurred by the successful party to such proceedings shall be taxed according to the tariff scale applicable to the High Court.
35. EXCLUSION FROM BETTING ACTIVITY
35.1. You may, at any time, request that you be temporarily or permanently excluded from further participation in betting, and therefore use of the Services.
35.2. If you believe you may have a gambling problem, you are encouraged to complete the National Responsible Gambling Programs (“NRGP”) Online Checklist to help determine your vulnerability to gambling addiction.
35.3. Seeking professional help can assist in reducing the stress caused by gambling. The NRGP can be contacted on its Toll-Free Counselling Line at 0800 006 008 or via email on helpline@responsiblegambling.org.za for confidential, free, and professional counselling.
35.4. You are encouraged to visit the website of the South African Responsible Gambling Foundation, which contains comprehensive information about the NRGP and the procedures for self-exclusion.
35.5. The self-exclusion options available may include:
35.5.1. Temporary Account Suspension: your User Account is suspended for at least 1 (one) month; or
35.5.2. Permanent Self-Exclusion: your User Account will be permanently closed, and you will not be permitted to re-open it.
35.6. To request a temporary account suspension, please send an email to support@betbus.co.za and this request, once received, will be verified telephonically with you. Measures will be taken by the Company to restrict gaming activity related to suspended accounts until the suspension period has expired.
35.7. In the case of a Permanent Self-Exclusion request, we will contact you with a view to returning any remaining funds standing to the credit of your User Account, less bonus money and any other deductions. Upon the self-exclusion period expiring, your User Account will not automatically be re-activated.
35.8. Any account which has been temporarily suspended may only be considered for re-activation by the Company upon your request (contact with the Company must be either by telephone, live chat, email or in person) and may only come into effect after the fixed period stipulated for the suspension has elapsed.
36. RULES OF INDIVIDUAL GAMES AND BETTING EVENTS
36.1. Where rules are published on the Betbus Platform in respect of any market, game or other event or contingency on which betting is offered, it is your responsibility to ensure that you have read and understood those rules in full and agree to be bound by them.
36.2. Any such rules form part of, and are subject to, the Betbus Terms of Service, and contain important provisions relating not only to the mechanics of the relevant game, event or contingency and the manner in which, and the restrictions subject to which, betting may take place, and must be read in full by before you engage in play or betting on any such market, game, event or contingency.
37. ASSIGNMENT
37.1. You may not assign this Agreement or any of the rights granted hereunder, directly or indirectly, without first obtaining the prior written consent of the Company. This means that in the event you dispose of any device on which you have installed the Betbus Platform, such as by sale or gift, you are responsible for deleting the Betbus Platform from said device prior to such disposition.
37.2. The Company may assign this Agreement, including all its rights hereunder, without restriction and without your prior consent.
37.3. Any assignment in violation of this clause shall be null and void.
38. COMMENTS AND CONCERNS
All feedback, comments, requests for technical support and other communications relating to the Betbus Platform should be directed to support@betbus.co.za.
39. DOMICILIUM CITANDI ET EXECUTANDI
39.1. The e-mail address you provided in your User Account Registration Form shall serve as your domicilium citandi et executandi for all purposes relating to these General Terms and Conditions.
39.2. The Company’s physical address, which may be amended from time to time, shall be recorded on the Betbus Platform and shall serve as the Company’s domicilium citandi et executandi for all purposes of these General Terms and Conditions.
39.3. You shall be permitted to amend your domicile address by providing the Company with 21 (twenty-one) days’ prior written notice.
39.4. Any notice given in terms of clause 39.3 which:
39.4.1. is delivered by hand to an officer or manager of the Company during normal business hours at its domicilium citandi et executandi, shall be deemed to have been received by the Company at the time of delivery; or
39.4.2. is posted by pre-paid registered post to the Company at its domicilium citandi et executandi, shall be deemed to have been received by on the 7th (seventh) day after the date of posting; or
39.4.3. is transmitted by e-mail to the Company at its domicilium citandi et executandi, shall be deemed to have been received on the date reflected on the e-mail transmission confirmation generated by the addressor’s e-mail server.
40. MISCELLANEOUS
40.1. This Agreement, together with the Betbus Privacy Policy and any other policy documents or agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Betbus Platform and may be amended by the Company from time to time.
40.2. It will be your responsibility to ensure you are familiar with the prevailing General Terms and Conditions in force and the availability thereof on the Company Website shall constitute sufficient notice to you and be binding as if you had expressly agreed to be bound thereby.
40.3. If any provision of the Betbus General Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Betbus General Terms and Conditions, which shall remain in full force and effect.
40.4. The Betbus Terms of Service, your use of the Betbus Platform, and the relationship between you and the Company shall be governed by the laws of the Republic of South Africa, without regard to conflict of law rules. Nothing contained in the Betbus Terms of Service shall constitute an agreement to the application of the laws of any other nation to the Betbus Platform. You agree that the Betbus Platform shall be deemed a passive Platform that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than South Africa.
40.5. The failure to require performance of any provision shall not affect the Company’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
40.6. Any promissory note, bill of exchange, or other negotiable instrument received by the Company from you shall not be a novation of the debt in respect which it is given, and you waive any remedies provided for by law in respect thereof.
40.7. The results of any match will be decided with reference to the official match results of the league or tournament in question. Should such results be changed for any reason, the updated result will be recognised for the purposes of payment.
40.8. Any bet placed by you shall be governed by the applicable provisions of the Mpumalanga Gambling Act 5 of 1995 and any Regulations and Rules made in terms thereof, as amended from time to time, to which links are posted on the Betbus Platform. It shall be your responsibility to ensure you are aware of the provisions of the above legislation.
40.9. You undertake to ensure strict adherence to any policy, guideline or directive issued by the MER relating to you or to betting generally.
40.10. If you place a bet from a location falling outside South Africa, such bet shall be subject to all appropriate exchange control regulations and the laws of the foreign jurisdiction from which such communication originates, and it shall be your responsibility to ensure full compliance. The Company makes no warranties and shall not be liable to you in the event the company is unable to remit any monies held by the Company to any account held by you in a foreign jurisdiction.
40.11. Although every effort is made to ensure that the information displayed on the Betbus Platform regarding any event is accurate and complete, such information should be used as a guide only. Should any information regarding an event (e.g. score, starting time of event, et cetera) be incorrect, the Company assumes no liability for this. The official site for the event in question should be referred to should there be any dispute in this regard.
40.12. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions.
40.13. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement, the Betbus Terms of Service or use of Betbus Platform.
40.14. The English language version of this Agreement is the version that governs your use of the Betbus Platform and in the event of any conflict between the English version and a translated version, the English version shall prevail. You expressly agree that this Agreement and all ancillary documents be drafted solely in English.
40.15. Your access to and use of the Betbus Platform is governed by and conditioned on your express consent to this Agreement. You have thoroughly reviewed this Agreement to your satisfaction. By submitting your User Account Registration Form you agree to be bound by this Agreement, just as if you had signed it in pen and ink.
40.16. The General Terms and Conditions, Privacy Policy, Cookie Policy and any other documents expressly incorporated by reference constitute the sole and entire agreement between you and the Company with respect to the Betbus Platform.