Sabanzuri Limited (Company Number: PVT-KAUDGA) (the "Company" or "we") offers lottery gaming services through various channels, including but not limited to; Web based (Online), mobile phone applications (Android/IOS) SMS (short message service), and USSD codes (unstructured supplementary service data) (hereinafter referred to as "SabanzuriLotto" or the "Services").Sabanzuri Limited is under Mayfair Group Ltd.
These Terms and Conditions (hereinafter referred to as the "Terms") shall apply to the Services. By using SabanzuriLotto's SMS or USSD codes, visiting any section of the Company's website and/ or by opening a lottery gaming account (the "Account") on SabanzuriLotto, you (the "User" or "Customer") agree to be bound by these Terms.
To play on SabanzuriLotto and open an Account, a person must have attained the minimum age of eighteen (18) years. The Company reserves the right to verify any Customer's statement of age and to exclude Customers from the Services if there are any doubts regarding the attainment of the minimum age required.
The Company reserves the right to change these Terms at any time and without prior notice and post any changes on the SabanzuriLotto Platforms, including the Company's website and hyperlinks in the SMS and USSD Codes.
You must accept the Terms in order to access and/or use the Services. Continued access to the SabanzuriLotto Platforms and/or use of the Services signifies your unqualified acceptance of these Terms as amended from time to time. If you do not agree to any of the terms set out in these Terms, you must immediately stop accessing the SabanzuriLotto Platforms and using the Services.
1. DEFINITIONS
"Account" means an account maintained by a Customer in respect of a specific Mobile Telephone Number, on the SabanzuriLotto Platforms, for purposes of making Entries and playing on SabanzuriLotto;
"Betting Control and Licensing Board" or "BCLB" means the Board established by the Betting, Lotteries and Gaming Act Cap 131 Laws of Kenya to govern the operations of Betting, Lotteries and Gaming in Kenya;
"Customer" means the holder of an Account, who is eligible to make Entries and whose Account has not been terminated, cancelled, suspended or closed;
"Customer Care Team" means the Company's helpline for Customers, contact details of which are set out in these Terms;
"Draw" means the acceptance of Entries in respect of a particular Game on SabanzuriLotto by the Company;
"Draw Deadline" means the time, according to SabanzuriLotto's clock, indicated as the latest time at which Entries in respect of a particular Game shall be accepted. Any Entries received after the Draw Deadline shall be automatically entered in the next scheduled Draw;
"Entry" means an entry made by a Customer in respect of a particular Game for a particular Entry Fee and "Entries" shall be construed accordingly;
"Entry Fee" means the fee payable by the Customer for a particular Entry in a Game and "Entry Fees" shall be construed accordingly;
"Game" means a game available on SabanzuriLotto for a particular Prize and "Games" shall be construed accordingly;
"Jackpot" means a Game described as a Jackpot by the Company, and whose Prize is an amount to be determined by the Company;
"KES" means Kenya Shillings, being the legal tender of Kenya;
"Mobile Money" refers to the mobile money transfer and deposit system in respect of a Mobile Telephone Number and used by mobile telephone networks in Kenya that are compatible with SabanzuriLotto such as M-pesa;
"Mobile Telephone Number" means a mobile telephone number registered by a Customer in relation to an Account;
"Prize" means the winnings relating to a particular Game and "Prizes" shall be construed accordingly;
"SabanzuriLotto Platforms" means the internet systems, computer systems, SMS, USSD Codes and any other systems used by/on behalf of the Company from time to time to operate the SabanzuriLotto lottery games, administer Accounts, facilitate Entries and pay Prizes and "SabanzuriLotto Platform" shall be construed accordingly;
"User" means any person who accesses the Company's website, SMS service, USSD codes or any other SabanzuriLotto Platform, whether or not they open an Account and become a Customer. "Users" shall be construed accordingly; and
"Working Day" means any day other than a public holiday or weekend in which banks are open for business in Kenya; and
"you" means a User or a Customer.
2. ACCEPTANCE OF TERMS AND E-COMMUNICATION CONSENT
Acceptance of these Terms is signified by you accessing a SabanzuriLotto Platform, creating an Account or making Entries on SabanzuriLotto.
You agree to receipt of notices (including any records and communication) pertaining to your Account and Games from the Company in electronic format, including without limitation; on your Account, on email and on SMS. Such communication shall be considered to be "in writing" for purposes of these Terms.
The Company will not send any paper (hard) copies of any notices, records or communication to you, unless the Company deems it appropriate to do so. You can obtain a paper copy of its electronic notices, records or communication by printing the same.
3. ACCOUNT OPENING
In order to open an Account, a person must:
Have attained the minimum age of eighteen (18) years. The Company reserves the right to the right to verify any Customer's statement of age and to exclude Customers from the Services if there are any doubts regarding the attainment of the minimum age required. Any Customer using our Services, who is identified as under-age, shall have all his/her Prizes forfeited and his/her Account shall be blocked immediately;
Have a valid form of government issued identification (such as a national identity card);
Have a valid Mobile Telephone Number registered with a licenced mobile telephone network and which would be used to open and maintain your Account; and
Have a valid Mobile Money account registered against a Mobile Telephone Number which would apply to your Account.
To open an Account, you must follow the instructions on the SabanzuriLotto Platform.
The Company reserves the right to allow or reject an Account opening, depending on its internal procedures.
Accounts are limited to one Account per Mobile Telephone Number.
4. MAKING ENTRIES AND PARTICIPATING IN GAMES
An Entry must be bought with a ticket for its full Entry Fee, unless the Entry ticket is a complimentary Entry ticket provided by the Company in a promotion or by way of Prizes for Games.
An Entry in relation to a particular Game must be made prior to the Game's Draw Deadline. Any Entry made after the designated Draw Deadline is automatically entered into the next scheduled Draw.
In case an Entry is received after the advertised Draw Deadline due to a telephone network delay, computer systems delay or computer systems failure or any technical difficulties experienced by the Company, the Entry will be entered into the next scheduled Draw.
An Entry will only be valid if it is recorded on the SabanzuriLotto Platforms. If you do not receive an acknowledgment of your Entry through your Account or other communication from the Company, you must contact the Customer Care Team for further instructions.
If you have deposited money into your Account to complete an Entry ticket purchase but due to technical difficulties affecting the SabanzuriLotto Platforms, the Company is unable to process your deposit and issue an Entry ticket at that time, upon rectification of the technical difficulties, the Company will process your deposit and issue an Entry ticket for the next available Draw.
The Company retains the right, at our absolute discretion, to reject any Entries and/or deny access to the Services and Games to any person, including Customers. Where access to the Services and Games is denied to a registered Customer, the Company will refund the residual credit balance in the Customer's Account, using the same payment method provided upon registration, or any other payment methods adopted subsequently by the Customer upon their appropriate verification by the Company. If the Account has been closed due to breach of these Terms or any prohibited or illegal activity, the refund residual credit balance in your Account may be suspended pending investigations by the Company and the government authorities and the credit balance may be forfeited.
The Company will where instructed by BCLB, or may in its discretion, declare that an Entry or Game is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and the Company will either:
give you an opportunity to have another Entry of equivalent Entry Fee; or
Refund you the amount you paid for the defective Entry and no interest will be payable in respect of any refunds made.
You do not have the right to cancel or withdraw an Entry and no refunds will be given in any circumstance of your purported cancellation or withdrawal of an Entry.
It is your sole responsibility to ensure the security of your Account, passwords, Entry ticket information and your devices (including your mobile phone). You indemnify and hold harmless the Company against any claim whatsoever as a result of payment of any Prize money by any method by virtue of third parties having gained access to your Account or your devices.
5. ENTRY LIMITS
The Company may, in its discretion, impose limits on the number of times you can make Entries in any period (such as daily or weekly Entry limits). Any Entry limits imposed will be notified to you in a manner that the Company deems appropriate.
6. CLAIMING AND COLLECTION OF PRIZES
Winning Entries in a Game will be selected by a random computerized selection application by the Company. The outcomes of such selections, as communicated by the Company from time to time, shall be final and not subject to appeal or inquiry by a Customer or any person.
Only the registered Customer, through his/her registered Mobile Telephone Number, who purchased the winning Entry can claim the Prize in respect of the relevant Game. The Company shall not pay out Prizes to nominees or third parties on behalf of the relevant Customer.
Except Jackpot Prizes, all other Prizes, irrespective of the amount, shall be credited directly into your relevant Account. You are solely responsible for withdrawing any Prize amounts from your Account in accordance with these Terms. Upon deposit of the Prize amount to your Account, you unconditionally release and discharge the Company, its employees, officers, directors, shareholders, agents and affiliates from any further claims, actions or demands in respect of that Prize.
Should you wish to collect your Prize directly from the Company (as opposed to your direct withdrawal from your Account to your Mobile Money account), such payment by the Company shall only be either in the form of a Cheque drawn to your registered name or bank transfer to a bank account in your registered name.
Jackpot Prizes shall only be paid via a Cheque drawn to your registered name, to be collected personally by you from the Company's offices.
In the case of Jackpot Prizes or any other Prize that you elect to be paid by Cheque, you shall be required to collect the cheque from the Company offices on a Working Day between 10am and 3pm Kenya Time, within three (3) months from the date on which you were notified of the Prize by the Company. Any Prize that is not claimed within the said period shall be deemed forfeited by the Customer and the Company shall not have any obligation to pay the Prize to the Customer.
For all Prizes, you shall be required to comply with all the Company's Prize claim requirements to confirm your identity and entitlement to the Prize in the Company's satisfaction, at its sole and absolute discretion, including:
A valid government-issued National Identity Card or Passport;
Your address;
Your banking details (if applicable); and
such other information as the Company and/ or banks shall require to confirm your identity and eligibility for the Prize, and payment of the Prize.
You accept that the Prize amount (whether credited to your Account, paid by Cheque or paid by bank transfer) may take up to thirty (30) days to be paid to you.
All Prizes shall be subject to money transfer charges (such as Mobile Money and bank charges) and all relevant statutory deductions including applicable taxes, duties and other charges payable to the government authorities.
Entry tickets or Entry confirmation communication cannot be used to claim a Prize. When a Prize is won, you will receive a specific confirmation of the Prize from SabanzuriLotto. If you do not receive a specific confirmation of the Prize, you must contact the Customer Care Team for further instructions.
The Company may issue Prizes of bonus Entry tickets or provide bonus Entry tickets in promotions. Bonus Entry tickets shall only be used to buy Entries for selected Games as indicated in the terms and conditions accompanying the bonus Entry tickets.
The Company reserves the right to:
Request you to visit the Company offices to claim Your Prize.
withhold a Prize, until it is entirely satisfied that the Entry leading to the Prize is valid;
withhold a Prize (or recover or seek to recover a Prize already paid) until it has carried out all appropriate checks and enquiries. If in the Company's discretion it believes, on reasonable grounds, that you (as the person claiming a Prize) are not lawfully entitled to receipt of a Prize or that a Prize has been paid to you in circumstances where the Company determines that the Entry is invalid or defective, or where there is any other reason for the Company to question entitlement to the Prize, you shall repay immediately on demand any Prize the Company seeks to recover from you; and
Refuse to pay a Prize if you are unable to or fail to produce the information required by the Company when you are claiming a Prize.
7. PERSONAL INFORMATION AND MARKETING CONSENT
By accessing the Services and participating in SabanzuriLotto Games, you expressly consent to the collection, use and disclosure by the Company, its employees, agents and/or service providers, of the your personal information, for the purposes of conducting, administering and marketing SabanzuriLotto.
The personal information we collect includes:
Personal and online identifiers (such as names, age, email address, demographic information, or unique online identifiers);
Information and history regarding your Entries, Games and Prizes;
Internet or other electronic network activity information using internet Cookies (such as browsing history, marketing preferences);
Geological location information; and
Other information about you that is linked to the personal information above.
You consent to our disclosure of your personal information to:
our subcontractors, permitted assigns and/or third party websites;
our subsidiaries and affiliates;
the government or court or regulatory body or law enforcement agents or other third parties to comply with applicable laws or where we believe such action is necessary in order to comply with the applicable law, a court order, audit and security requirements or audit compliance; and
third parties for marketing purposes.
You agree that the Company may print, publish, broadcast and use, worldwide, in any media at any time, your name, picture, voice, likeness, and/or biographical information for SabanzuriLotto or related purposes without additional compensation to you.
If you win a Prize, you understand and accept that the Company may, if required by law, provide a third party with details of any Prize claimed by you or on your behalf, or paid to you.
You accept that the Company has the right to send you promotional messages at any time.
8. PROHIBITED AND ILLEGAL ACTIVITIES
You agree to comply with all applicable laws and that you shall not access and/or use the SabanzuriLotto Platforms or participate in Games in furtherance of activities of an illegal nature, or that are prohibited by law, including without limitation:
Money laundering and dealing in proceeds of crime;
terrorism financing;
illegal drugs and/or illegal drug paraphernalia;
firearms, ammunition or other weapons;
pornography and other sexually oriented activities or materials;
obscene or offensive activities or materials;
Materials or activities that promote intolerance, violence or hate;
Fraud, scams, pyramid or Ponzi schemes;
counterfeit materials;
infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of the Company or any other third party; or
any other illegal activity or unlawful purpose.
You represent and warrant that your access and/or use of the SabanzuriLotto Platforms and your participation in the Games are for your own personal use and not for your commercial use or representation of others. Any use by you of the SabanzuriLotto Platforms and participation in Games for others or for a commercial purpose shall be a prohibited activity.
The Company is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the SabanzuriLotto Platforms and the Games, and you will not acquire any rights in any of these. You must not, and it shall be a prohibited activity to:
copy, disclose, transmit or otherwise make available or remove or change any material available on the SabanzuriLotto Platforms;
reverse engineer or decompile (whether in whole or in part) any software used in connection with the SabanzuriLotto Platforms and/or the provision of the Games (except to the extent expressly permitted by applicable law); or
remove, obscure or change any copyright, trademark or other intellectual property right notices in any material obtained from the SabanzuriLotto Platforms or as a result of playing the Games.
You further represent and warrant that you shall not engage in the following other prohibited activities:
knowingly or recklessly transmit any content (including, without limitation, viruses) through the SabanzuriLotto Platforms which will cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by the Company or others;
hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, "junk mail" of any kind, surveys, contests, or otherwise engage in any behavior intended to prevent others from playing the Games or using the SabanzuriLotto Platforms or any other website, or which is otherwise likely to damage the reputation or business of the Company or of any third-party; or
authorize or allow anyone to do the above.
The Company reserves the right to deny you access and/or use of the SabanzuriLotto Platforms and/or fully reject any Entries and/or withhold any Prizes if the Company believes that you are accessing and/or using the SabanzuriLotto Platforms or participating in Games in furtherance of activities of an illegal nature, or that are prohibited activities.
In the event that your Account is terminated or blocked or an Entry rejected due to your participation in prohibited or illegal activities, the Company shall be under no obligation to refund to you any Entry Fee or monetary balance that may be in your Account.
The Company further reserves the right to report such prohibited or illegal activities to the appropriate governmental authorities.
You agree to indemnify the Company against any costs, losses, damages and expenses which the Company may suffer or incur arising out of or in relation to any claim, legal proceeding or demand made by any third party due to or arising out of your access and/or use the SabanzuriLotto Platforms or participation in Games for prohibited or illegal activities or your otherwise wrongful or negligent access and/or use the SabanzuriLotto Platforms or participation in Games.
9. LIMITATION OF LIABILITY
Your access and/or use of the SabanzuriLotto Platforms and/or participation in Games is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your access and/or use of the SabanzuriLotto Platforms and/or participation in Games and/or your reliance on the material and information contained on the SabanzuriLotto Platforms (including the Company's website, SMS and USSD platforms) or the referred to websites of online partners, or suppliers.
The Company makes no express or implied warranties or representations that the Services will meet your requirements, be uninterrupted, be timely, be secure or error-free, that defects will be corrected or that the software or server that makes them available are free from viruses or bugs. The Company makes no representations as to the full functionality, accuracy and reliability of the Services or accuracy of any information obtained by you.
The Company reserves the right to suspend, modify or remove or add to the SabanzuriLotto Platforms any games or software at our sole discretion with immediate effect and without notice. We will not be liable to you for any loss suffered by you as a result of any changes made or for any modification or suspension of or discontinuance of the Services and you shall have no claims whatsoever against us in such regard.
The Company's only obligation is to pay the Prizes won in any Game to the rightful owners of winning Entries, or provide a refund of Entry Fees in the circumstances set out in these Terms. The Company will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by you (or any holder or owner of an Entry, any person claiming a Prize during the validity period or any other person) that arises out of the delay or non-payment of a Prize, the delay or non-payment of a refund of an Entry Fee, the withdrawal of any Game, or the participation or non-participation of you or any person in any Game.
The Company will not be liable to any person for:
events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service);
computer malfunctions, failure of any telecommunications service or internet connections nor attempts by you to participate in Games by methods, means or ways not intended by us;
the failure or destruction of, or damage to, all or part of the computer systems or records of the Company or any third party (including, without limitation, the SabanzuriLotto Platforms);
any mistakes caused by all or part of the computer systems or records of the Company or any third party (including, without limitation, the SabanzuriLotto Platforms);
delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;
any other action or event which prevents or hinders the issue of a valid Entry (including without limitation the failure of the SabanzuriLotto Platforms to display correctly on any device used to view it);
any losses caused by you, including the misuse or unauthorized use of passwords, money lost by playing the Games and the failure to keep the Company informed of changes to your contact details; and
any losses caused by the failure or malfunction of your equipment or technology or your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party.
10. RESPONSIBLE GAMING
We believe in Responsible Gaming and take our responsibility in this matter seriously. Playing SabanzuriLotto should be an exciting pastime, and we urge our Customers to have fun, but not stake beyond their means, being fully aware of the financial harms associated with staking beyond their means. The Company is committed to endorsing responsible wagering among its Customers. You should not resort to gambling as an alternative source of income.
We will strictly follow BCLB guidelines on responsible gaming and the monitoring and reporting of any suspicious activity.
11. CLOSING AN ACCOUNT AND TERMINATION
You can close your Account at any time by contacting the Customer Care Team and requesting them for your Account closure.
You can take a break from making Entries at any time. However, if you do not log into or otherwise access or use your Account or make Entries for a continuous period of six (6) months, your Account will become a "Dormant Account" and the Company reserves the right to terminate Dormant Accounts without notice according to the clause below.
The Company may terminate, vary or suspend the provision of the Games, access to your Account and/or to the SabanzuriLotto Platforms and refuse any and all current or future Entries by you, immediately and without giving you prior notice:
if any information provided by you is provided fraudulently or is inaccurate, out-of-date or incomplete;
if you breach any of these Terms or relevant Game rules;
for repair or maintenance work or in order to upgrade or update the SabanzuriLotto Platforms;
if the Company stops offering the Services or Games for any reason;
if your Account becomes a Dormant Account; or
for any other reason at the Company's sole discretion.
Once your Account has been closed or terminated for whatever reason the Company will return any funds remaining in your Account to (excluding any Mobile Money funds collected or in the process of being collected) to the Mobile Money account registered to your Account.
If the Company is not able to return those funds to you, it will keep those funds for a period of six (6) months from the date the Account was closed or terminated. You can contact the Company at any time during that six (6) month period to claim the funds, which will be refunded by the Company subject to verification of your identity and entitlement to the funds in accordance with the Company's verification policies. No interest will be payable in respect of monies refunded. Any funds not collected within this six (6) month period shall be forfeited.
12. NOTICES, QUERIES AND COMPLAINTS
The Company will contact you on the mobile phone number and email through which you opened your Account or as updated in your Account details
You may contact us at: Customer Care Team Sabanzuri Limited Telephone: +254111019400 Email:This email address is being protected from spambots. You need JavaScript enabled to view it.
Notices and communications from one party shall be deemed to have been received by the other party:
If sent by registered post, seven (7) days after the time of posting;
If sent by email within twenty four (24) hours of being dispatched; and
If delivered by hand, at the time of delivery,
If you have a complaint or query with regard to your Account, an Entry, a Game or a Draw, you can call or email our Customer Care Team on the telephone number or email address stated above. We will at all times apply best efforts to answer your query or resolve a reported matter promptly. For any legal notices, you will only contact us through the postal and physical address provided.
Offensive or rude language, as well as malicious or damaging comments, will not be tolerated while contacting our Customer Care Team staff or while discussing our products and services in any media, social network or forum. Any infringement of this clause will result in a suspension of your Account or in every additional action as may be required in order to ensure compliance
13. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Kenya.
14. DISPUTE RESOLUTION
Any complaint or dispute you may have shall first be referred to the Customer Care Team for resolution. In the event that the dispute remains unresolved for thirty (30) days since the reference to the Customer Care Team. Either party may refer the dispute to Arbitration in accordance with the clause below.
Where a dispute between us is referred to arbitration, the reference shall be to a single arbitrator agreed between us. Where there is no agreement between us on the identity of the arbitrator within thirty (30) days of receipt of a notice of arbitration from one party to another, then upon application by any party, the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators shall appoint the single arbitrator. The arbitration shall be conducted in accordance with the Arbitration Act of Kenya of 1995 or any of its revisions or re-enactments. The seat of the arbitration shall be Nairobi. The language of the arbitration shall be English. The award of the arbitrator shall be binding on the parties. Each of the parties shall bear its own cost of preparing and presenting its case. The costs of arbitration (including fees and expenses of the arbitrators) shall be shared equally between the parties unless the award provides otherwise. This clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
15. GENERAL
These Terms shall be amended from time to time by the Company at its own discretion, and amendments posted on the SabanzuriLotto Platforms. By accessing the SabanzuriLotto Platforms or participating in Games, you are bound to the updated version of these Terms that is posted on the SabanzuriLotto Platforms. Should you find the Terms unacceptable at any time, you should promptly discontinue access to the SabanzuriLotto Platforms and/or use of the Services and terminate your Account.
These Terms shall constitute the entire agreement between you and the Company with respect to your access of the SabanzuriLotto Platforms and the Services and supersede any prior agreement or understanding between us. In case of any future amendments or updates to these Terms, the most current version of the Terms shall take precedence and the previous versions shall become null.
If any provision of these Terms is held to be void or unenforceable by or as a result of the determination of any court or other competent authority, you agree that such determination shall not result in nullity or unenforceability of the remaining provisions of these Terms.