TERMS AND CONDITIONS
ATLANTIC SPORTSBET CC (REG: 2004/017943/23)
SEPEL’S BEST BETS CC t/a SEPELS SPORTSBET (REG: 1999/014238/23)
- 1. RULES/TERMS OF TRADE
1.1 Standard Terms and Conditions governing all Horse Racing, Lotto and Sports bets/transactions placed by the customer with Atlantic Sportsbet CC t/a SportsBet.co.za and Sepels Best Bets CC t/a Sepels Sportsbet – commonly referred to as SportsBet. SportsBet and Sepels SportsBet shall only be bound by these Terms and Conditions.
1.2 Please note that all accounts, new and old, are subject to FICA compliance. If not successfully submitted and updated, SportsBet will be forced to suspend the account until the requirements have been met.
1.3 No variation, addition or termination of any of these Terms and Conditions shall be of any force or effect unless agreed to in writing by Atlantic SportsBet or Sepels Best Bets. Sportsbet shall not be bound by any express or implied term, warranty, representation, promise or the like not recorded herein.
- 2. ELIGIBILITY TO BET
2.1 No person shall be eligible to bet or enforce any debt arising out of a bet unless-
2.1.1 such person is a natural, individual person, i.e. companies, close corporations and partnerships are specifically excluded from participating;
2.1.2 such person is over the age of 18 years;
2.1.3 such person has completed a registration form, has accepted the terms and conditions as set out by SportsBet and has been accepted a a customer by SportsBet;
2.1.4 such person is not in breach of these Terms.
2.2 The Customer, by completing the registration/new application form, shall be deemed to have read these Terms and Conditions and the Rules associated to Sports Betting and offered to SportsBet to conclude an agreement according to these Terms for SportsBet to supply horse racing and sports betting service to the customer. The application shall be deemed granted, and the offer accepted, if SportsBet informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed new account form.
2.3 Each Customer warrants that all information set out in the new account form completed by him/her is and shall remain true and correct. The Customer undertakes to forthwith bring to Sportsbets’ attention in writing any and all matters that might have bearing on an approved application or the Customers’ creditworthiness or legal capacity or eligibility as a customer.
2.4 SportsBet reserves the right to accept a person a new customer or to cease accepting bets from the Customer in its sole discretion for any reason whatsoever, which reason SportsBet shall not be obliged to furnish or disclose to the Customer or any other person.
2.5 The Customer shall be solely responsible for the safekeeping and proper use of all his account details and other information that will enable him to place a bet. The Customer undertakes that he shall not allow, permit or place any person in the position to place a bet, directly or indirectly, with the use of the dedicated account reference number/name or personal identification number which is or may be furnished to the Customer by SportsBet from time to time and SportsBet shall accordingly not be liable to pay out any winnings on bets so placed. The Customer indemnifies SportsBet against any claims, losses or damages arising from such bets.
2.6 The Customer undertakes that he shall immediately notify SportsBet as soon as the Customers’ account information is lost, stolen, misappropriated, or utilized by someone other than the Customer or should the Customer have reason to believe that any of the above circumstances have occurred. The Customer shall be liable for all bets placed with Sportsbet and any payments made by/to SportsBet in respect of any purchase and/or transaction concluded on the Customers account prior to notification in accordance with this clause.
- 3. TYPE OF AND NATURE OF BETS
3.1 It will be in the sole discretion of SportsBet as to which markets may be made by it, the events or contingencies which it is prepared to accept bets or the nature of the bets that it offers.
3.2 The Customer acknowledges being aware that he/she could win or lose more than the amount staked by such Customer in terms of a bet.
3.3 SportsBet may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of a market, whether generally or specifically. The Customer shall be responsible to enquire before placing a bet as to whether such maximum or minimum is applicable to a particular market and, if so, what the extent of such minimum or maximum is.
3.4 SportsBet may determine a minimal and/or maximal on amounts that a Customer may win or lose in respect of a bet, whether generally or specifically. The Customer shall be responsible to enquire before placing a bet as to whether such a minimal and/or maximal are applicable to a particular bet or market and, if so, what the extent of such minimal and/or maximal are. Such maximal or minimal shall be known as “stop wins” or “stop losses”.
3.5 The size and the nature of the spreads will be determined from time to time at the sole discretion of SportsBet and it shall be the responsibility of the Customer to enquire, before placing a bet, what the ruling spread is.
3.6 The maximum that any single Customer (directly or indirectly) can win from all/any bets placed with SportsBet on 1 (one) day, irrespective of the stakes placed in terms of that bet, is always a maximum of R1 000 000 (One million rand) per Customer per day, the exception to this limit is a bet on horse racing which is limited to a win of R300 000 (Three hundred thousand rand) per Customer per day) or a soccer multiple of 7 legs or more, which in the event of a win will be a maximum payout of R1 500 000 (One million five hundred thousand rand) per Customer per day.
- 4. PLACING OF BET
4.1 The Customer shall place his bets via the internet, or by the mobile betting platform, per telephone via the telephone number furnished by SportsBet from time to time or, if made available by SportsBet, through other electronic media.
4.2 Irrespective of the origin or location of the telephone call or electronic signal, a valid gambling contract between SportsBet and the Customer shall only come into force if a bet is accepted and confirmed by a SportsBet employee situated at, or electronic program operated from, any SportsBet premises licensed in terms of the law. Such bet will therefore be deemed to have been placed at such premises and all bets will be subject to these and/or all/any rules, terms and conditions whether general/specific as set out by SportsBet as set out in these terms and conditions.
4.3 It shall be in the sole discretion of SportsBet whether to accept or reject a bet.
4.4 The Customer authorises and consents to each telephone conversation or electronic communication relating to a bet being recorded by SportsBet in its sole discretion in such manner as SportsBet deems fit to keep such recording as long as SportsBet deems necessary. SportsBet shall be entitled to use such recordings for the resolution or litigation of disputes with the Customer or for any other lawful purposes.
4.5 The Customer shall have the sole responsibility of ensuring that the best is accurately placed and recorded by SportsBet. SportsBet may/shall furnish such confirmation of a bet to the Customer as reasonably requested.
4.6 SportsBet shall be able to accept bets during normal South African business hours and at all such times as SportsBet may seem fit.
4.7 The Customer shall solely be responsible for ensuring that he has full knowledge of the rules applicable to the market within which the Customer proposes to place a bet.
4.8 The placing of a bet signifies the Customer’s acceptance of SportsBet Rules and Terms and Conditions.
4.9 SportsBet reserves the right to refuse the whole or any part of any bet without giving an explanation. Erroneously accepted bets over the limits can/may be adjusted at the sole discretion of SportsBet.
4.10 SportsBet endeavours to ensure complete accuracy as regards to announcing, displaying teams/players/venues, publishing and issuing of prices, off-times (start times of events) and results, however, should any error occur, SportsBet cannot accept responsibility and reserves the right to correct any errors. In the case of any price related error a general market average price will be used.
4.11 Any bet not substantiated by SportsBet betting terminals or tape-recording machines will not be recognized by SportsBet.
4.12 SportsBet cannot guarantee to pay or correct errors if they are brought to SportsBet’s attention more than 3 (three) months after the official result of the last selection to run on the bet.
4.13 For all bets, the time at which the best was recorded on the SportsBet betting terminals will govern settlement.
4.14 If a bet is accepted after the “off”, the selection(s) will be null and void and of no force or effect. Any bets taken on results already known at the time of the bets placed will be voided/cancelled by SportsBet.
4.15 Additional markets/new markets may be provided by SportsBet from time to time, please read the “Market Rules” applicable before placing any bets.
- 5. PAYMENT IN RESPECT OF A BET
5.1 In the application form, the Customer shall indicate that-
5.1.1 the Customer wishes to bet against a cash deposit placed with SportsBet from time to time or an amount of cash to be drawn by SportsBet as deposit from the Customer’s credit card account. The Customer acknowledges that such deposit is paid as security for the discharge by the Customer of any invoice which may become owing by the Customer to SportsBet arising out of the agreement referred to in clause 3.1 or any bets placed.
5.1.2 The Customer shall under no circumstances place a bet or attempt to place a bet, the amount of which, together with any other bets then outstanding, exceeds the Customer’s credit balance with SportsBet or the Customer’s credit card company, as the case may be, or the net amount on deposit with SportsBet (after adjustment of taxes, winnings and losses up to the time of placing of the bet). It shall be the Customer’s responsibility before placing a bet to determine whether his credit balance or cash deposit, as the case may be, will be exceeded by placing a bet. If SportsBet nevertheless accepts such a bet, it shall be entitled 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 the Customer’s stake in the bet irrespective and without any winnings thereon. Alternatively, SportsBet may restrict the size of any stake without notification to the Customer to ensure that the credit limit or deposit, as the case may be, is not exceeded.
5.2 Acceptance by SportsBet of a bet over the credit or deposit limit, as the case may be, shall not constitute a waiver of its rights-
5.2.1 to collect from the Customer all amounts (including losses) arising from such bet; 5.2.2 to enforce the appropriate deposit limits at any later time.
5.3 SportsBet shall debit the Customer’s account in respect of bets accepted by SportsBet and betting losses incurred by the Customer on an ongoing basis.
5.4 SportsBet shall credit the Customer’s account in respect of winnings and refunds accrued to the Customer on an ongoing basis as a result of bets placed.
5.5 No interest shall accrue on any deposits held by SportsBet and no interest shall be payable by the Customer to SportsBet in respect of debit balances or amounts owing, save as set out in clause 5.16 below.
5.6 Provided that if Customer is in a net winning position, SportsBet shall settle the Customer’s account periodically as follows-
5.6.1 payments will be made daily (Monday to Friday) or, if such day does not fall on a business day, then the next business day thereafter, by way of electronic transfer to the bank account specified by the Customer in the application form or in a subsequent written notice delivered to SportsBet. The Customer acknowledges that this transaction may have a clearance period before the money is available for use by the Customer; or
5.6.2 The Customer shall on each Monday after a trading week or, if such Monday does not fall on a business day, then the next business day thereafter, pay to SportsBet all such amounts as are owing to SportsBet arising out of the Customer’s bets. Such payments may be made either-
184.108.40.206 by the Customer depositing the appropriate amount directly into SportsBet bank account, in which event-
220.127.116.11.1 The Customer’s account number must be entered onto the base of the deposit slip; and
18.104.22.168.2 A copy of the deposit slip must be retained by the Customer to facilitate resolution of disputes; or
22.214.171.124.3 By SportsBet requesting a direct payment from the Customer’s credit card company.
5.7.1 shall under no circumstances whatsoever be liable to the Customer if the Customer’s credit card company refuses to honour the Customer’s credit card. No dispute of whatever nature between a Customer and his credit card company shall exempt the Customer from his liability to SportsBet in respect of payment and the Customer shall not be entitled to instruct SportsBet to reverse a payment instruction that has already been made to the Customer’s credit card company;
5.7.2 shall not be responsible for 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 SportsBet control, nor shall SportsBet be liable for any damages, loss or expense which the Customer may suffer as a result thereof;
5.7.3 shall furthermore not be liable for any loss or damage suffered by the Customer 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.
5.8 The Customer shall be entitled at any time at his discretion to restore or add to any cash deposit referred to in clause 5.1.2 which has been diminished as a result of a settlement referred to in clause 5.6.
5.9 The Customer undertakes that he shall place a bet with SportsBet within 14 (fourteen) days after making a cash deposit contemplated in clause 5.1.2 failing which SportsBet may be entitled to return the cash deposit to the Customer.
5.10 SportsBet shall, when the Customer’s account is suspended or terminated, be entitled to consolidate all amounts owing by the Customer to SportsBet (even if more than one account has been opened), by reason of the fact that a Customer’s account was used, and to debit such amounts to one or more of the Customer’s accounts with SportsBet and to demand payment thereof without such consolidation bringing about a novation of any aforementioned amount owing. Such consolidation shall not prejudice the right of SportsBet to demand any amount not included in such a consolidation.
5.11 SportsBet may at any time adjust or cancel the Customer’s credit limit.
5.12 SportsBet shall send by post a statement of account in respect of the Customer’s account to the Customer at such request. Non-receipt of a statement will not entitle the Customer to withhold any payment to SportsBet.
5.13 Notwithstanding anything to the contrary herein contained, SportsBet shall be entitled to set-off any amount(s) due by the Customer against any funds standing to the credit of any of the Customer’s accounts with SportsBet or to realise any security held by SportsBet and to use the proceeds towards payment of any amount due by the Customer to SportsBet.
5.14 SportsBet may at its own discretion and from time to time determine how payments by the Customer to SportsBet shall be appropriated in respect of amounts owing by the Customer to SportsBet.
5.15 A certificate signed by any director, manager, assistant manager, trader or accountant of SportsBet (whose appointment need not be proved) stating the amount of the Customer’s indebtedness to SportsBet, shall be prima facie proof of such indebtedness.
5.16 If the Customer is in arrears in paying any amount owing by the Customer to SportsBet, such amount shall bear interest at the prime overdraft rate for interest ruling from time to time, expressed as a rate per annum, calculated daily and compounded monthly in arrears at which the Standard Bank of South Africa Limited lends on overdraft to its most favourite corporate customer from time to time. A certificate (whose appointment or authority need not be proved) as to the prime rate at any time shall, in the absence of manifest error, be final and binding on the parties.
5.17 All winnings bets are subject to provincial government tax, currently 6%. The tax is paid across by SportsBet on behalf of the Customer.
5.18 In the event that funds are incorrectly credited to a Customer’s account, it is incumbent on the Customer to notify SportsBet of the aforesaid error without delay. Unless otherwise notified by SportsBet, any transactions resulting from the error shall be void.
5.19 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 SportsBet betting account is held (unless verbally agreed on a recorded telephone line).
5.20 SportsBet reserves the right to charge a 5% administration fee on amounts deposited by credit card.
5.21 Once you have committed a payment via your credit card to SportsBet, until payment for the transaction has been deposited into SportsBet’s bank account, the SportsBet account holder is personally liable to SportsBet for all and any monies/payments outstanding on any credit card.
- 6. TERMINATION
6.1 SportsBet shall have the right prior to accepting any bet, to suspend temporarily or permanently, the furnishing of betting services to a Customer, without assigning any reason therefore. Upon such suspension or termination-
6.1.1 SportsBet shall upon the demand of the Customer, refund to the Customer the balance of any monies held by SportsBet on deposit for the Customer, after adjusting for losses, winnings and taxes once such funds have been cleared into SportsBet’s bank account;
6.1.2 All amounts owing by the Customer to SportsBet shall become payable immediately.
6.2 The Customer shall upon written notice to SportsBet be entitled to terminate its contractual relationship with SportsBet at any time after final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to SportsBet. SportsBet shall within a reasonable time after such termination, refund to the Customer the balance of any monies held by SportsBet on deposit for the Customer, after adjusting for losses, winnings and taxes. After such termination, SportsBet shall accept no bets from the Customer unless and until a new registration is accepted by SportsBet.
6.3 Should the Customer default in the performance of any of these Terms and fail to remedy such default within 48 (forty eight) hours after receipt of written notice by SportsBet requiring the Customer to do so, SportsBet shall be entitled without prejudice to any other rights it may have in law forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer. In such event-
6.3.1 all amounts owing by the Customer to SportsBet shall become payable immediately; and
6.3.2 SportsBet shall have a lien and right of retention over all monies of the Customer on deposit with SportsBet, pending settlement of SportBet’s damages.
6.4 Notwithstanding the generality of the provisions of clause 7.3, the Customer shall be deemed to be in default if-
6.4.1 the Customer is an individual who dies or is sequestrated or surrenders his/her estate; or
6.4.2 the Customer is a partnership which is dissolved; or
6.4.3 the Customer is a company or close corporation which is placed under a provisional or final order of liquidation or judicial management; or
6.4.4 the Customer compromises or attempts to compromise with any of the Customer’s creditors.
6.5 The Customer shall be liable for any legal expenses (including legal expenses on a client/attorney scale, collection charges and tracing fees) as well as any amount governmental tax including but not limited to value-added tax, which SportsBet may incur in recovering any amounts owing in respect of the Customer’s account or a result of the Customer’s breach of any of the conditions of use or the enforcement by SportsBet of any of its rights against the Customer.
- 7. LIMITATION OF LIABILITY
7.1 The liability of SportsBet to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of the negligence of SportsBet or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited-
7.1.1 in the event of damages relating to a bet, to the amount staked by the Customer in respect of such bet; or
7.1.2 in respect of the account of the Customer with SportsBet, to the credit balance of such account at the time during which the damages are alleged to have occurred, after adjusting for winnings, losses and taxes.
7.2 Notwithstanding any other provisions in these Terms, SportsBet shall in no circumstances whatsoever be liable for any loss of profits, winnings or potential profits or winnings or any indirect or consequential damages sustained by the Customer, whether or not caused by the negligence of SportsBet, its agents or employees.
7.3 Insofar as any of the obligations of SportsBet under these Terms are carried out by any of its servants, agents, sub-contractors, associates or subsidiaries, the provisions of clauses 7.1 and 7.2 are stipulated for their benefit as well as the Customer and each of them shall be exempted accordingly.
7.4 SportsBet shall not be liable if the Customer is unable to place a bet due to among other things, congestion on the telephone lines, telephone system failure, telephone exchange failure, network failure, internet failure, electricity failure, etc. or on any other electronic media used by SportsBet.
7.5 Any acts of God, war, strike, lock-out or other labour dispute, fire, flood, explosion, legislation, failure of electricity or any other supplies, failure of telecommunications, failure, theft or default of any computer hardware or software or any other equipment or any other similar or different cause beyond the reasonable control of SportsBet leading to the cessation and/or restriction of the operations of SportsBet, shall entitle SportsBet to postpone its obligations to the Customer in whole or in part, and in such event SportsBet shall not be responsible for any damages, whether direct or indirect, suffered by the Customer as a result thereof and the Customer shall not be entitled to terminate its contractual relationship with SportsBet as a result of any such occurrence.
- 8. GENERAL
8.1 The residential address which the Customer furnished on the application form serves as his domicilium citandi et executandi for all purposes in respect of these Terms and any bet. Any change of the said domicilium can only be affected after SportsBet has received from the Customer in writing another complete residential address within the boundaries of the Republic of South Africa.
8.2 SportsBet may at any time amend, recall, replace and/or add to one or all of these Terms in the manner that SportsBet may think fit, which shall constitute sufficient notice thereof to the Customer and shall bind the Customer as if it expressly agreed to be bound thereby.
8.3 In respect of any lawsuit with regard to a bet or the Customer’s account with SportsBet, the Magistrate’s Court which, under section 28 of the Magistrate’ Court Act, No 32 of 1944 (“the Act”) has jurisdiction with reference to the Customer, shall have jurisdiction in terms of section 45 of the Act.
8.4 Any relaxation or concession or extension granted by SportsBet to the Customer shall not be and shall not be deemed to be a novation or waiver of any of SportsBet’s rights in respect of the Customer.
8.5 SportsBet is entitled to supply any relevant credit information pertaining to the Customer and his account with SportsBet to a credit bureau should SportsBet deem it necessary to supply said information, and the Customer shall have no right of recourse against SportsBet by reason thereof.
8.6 The conditions set out herein shall constitute the whole agreement between SportsBet and the Customer and no agreements, representations or warranties, other than those set out herein, shall be binding on SportsBet or the Customer.
8.7 No addition to, variation, consensual cancellation or novation of any of the conditions set out herein and no waiver of any of the rights therefrom shall be of any force and effect unless reduced to writing and singed by SportsBet and the Customer or their duly authorised representatives.
8.8 Any promissory note, bill of exchange, or other negotiable instrument received by SportsBet from the Customer shall not be a novation of the debt for which it is given and the Customer waives presentment, notice of dishonour and protest where applicable.
8.9 Any bet placed by the Customer shall be governed by the Law, the provisions of which the Customer shall at all times adhere to. The Customer undertakes to strictly adhere to any directive from the Western Cape Gambling and Racing Board relating to the Customer or to betting generally.
8.10 These Terms and the contractual relationship between the Customer and SportsBet shall be governed by the laws of the Republic of South Africa.
8.11 If the Customer originates the placing of a bet from outside the South African Monetary area, such bet shall be subject to all appropriate exchange control regulations and the laws of the foreign jurisdiction from which such telephone calls or electronic instruction originates and it is the Customer’s responsibility to keep himself informed of such laws and regulations and act accordingly when placing a bet. SportsBet makes no warranties and shall not be liable to the Customer if it is not able to remit any monies held by it to the Customer’s account in a foreign jurisdiction.
8.12 In these Terms-
8.12.1 any reference to “he”, “his” or “him” shall also include “she’, “it”, “her” or “its”;
8.12.2 the singular shall include the plural and vice versa;
8.12.3 any reference to natural persons shall include created entities (corporate or incorporate) and vice versa.
8.13 Should SportsBet, in its own and absolute discretion, allow a registration form to be completed, or a bet to be placed, by a partnership, syndicate, joint venture, club or association, each member of such partnership, syndicate, joint venture, club or association shall be jointly and severally liable with each other member notwithstanding that such member has not completed the application form or placed the bet.
8.14 Should SportsBet, in its own and absolute discretion, allow a registration form to be completed, or a bet to be placed by a company or close corporation respectively, hereby binds himself jointly and severally as surety and co principal debtor for all debts to SportsBet arising from the placing of bets by the company or close corporation, as the case may be, from time to time.
Please note that all transactions made with Atlantic SportsBet CC are subject to FICA regulations.