Terms and Conditions

These general Terms and Conditions ("Terms and Conditions" or "T&C") shall be valid for all betting games offered by TEKONSTRUCT LTD (a company duly registered under the laws of Kenya, with business registration number PVT -- JZUYD6G).

Tekonstruct Ltd is authorized and regulated by the Betting Control and Licensing Board of Kenya under the Betting, Lotteries and Gaming Act, Cap 131, Laws of Kenya under License numbers: 0000750/0000447. To operate DANADANA (hereinafter referred to as "the product") is a trading name of Tekonstruct Ltd, a company registered under the laws of Kenya whose registered address is: Park Place, Second Avenue Parklands, Off Limuru road, P. O. Box 13412 -- 00800, Nairobi.

The Company reserves the right to change these Terms and Conditions at any time and without prior notice. The Company will endeavour to inform you about major modifications to the Terms and Conditions. Nevertheless, it is your responsibility to regularly check for any changes. Should you, due to any possible changes, not wish to continue using the services of the Company, you can withdraw uncommitted funds without penalty and close the account by sending an email to:[email protected], to that effect. A response will be sent to you confirming receipt of your decision to discontinue your participation in the Company. Failure by you to receive a message for any reason whatsoever shall not be taken to mean that the Company has any obligation towards you.

The Company will respect your privacy in line with the Company's privacy policy and will endeavour to at all times preserve your information in the strictest confidence as it possibly can. The Company shall not be liable for any loss of data by itself or by other contracted independent service providers on whom the Company will wholly or partially be reliant on to deliver the services.

The Company will not disclose your personal information to third parties unless such disclosure:

• Is required for the processing of your requests;
• Is a duty and/or legal obligation of the Company;
• Is required to enforce/apply the Terms and Conditions and other agreements;
• Is required to adequately protect our rights or property, including via the exchange of information with other companies and organizations for the purposes of information verification, fraud protection, and credit risk reduction. Personal information that you provide may be disclosed to a credit reference agency, which may keep a record of the information.

The contractual relationship is between you and the Company and is governed by these Terms and Conditions and by the relevant and applicable Laws of Kenya, Kenya being the operational jurisdiction of the Company and its service/products where they will be offered directly to all its duly registered players and/or through its service providers and intermediaries.

By agreeing to these Terms and Conditions, and where you play any game, or place a bet or wager, using the provided betting platforms, you accept and agree to be bound by these terms and conditions and any amendment or variation thereto and the Rules which apply to the applicable products available on the Company from time to time. You are acknowledging that the company shall retain the right to use from time to time, all data collected to carry out market survey/campaign/research, send customer satisfaction questionnaires, and market and promote its services and those of its affiliated companies.

The Company is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe, saturation of the telecommunication networks, cyber-attacks, hacking, etc., which could lead to a total or partial access reduction to its services, loss of data by itself or by other contracted independent service providers on whom the Company will wholly or partially be reliant on to deliver the services.

2. OPENING ACCOUNT & REGISTRATION

Account Rules

To open an account, you must register personally and be of legal age. You must provide your age in the provided fields and confirm the same in the registration field. By doing so, subscribers affirm that they are of a mature/legal age, at the very minimum of 18 years. The Company reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. The name of the player MUST be the same as the name used when registering with the company and must correspond with the registered mobile no. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should Contact Us. All bets/wagers that are placed prior to an account being suspended will stand-win or lose. Should any underage account owner be discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely, and all funds deposited to the account will be forfeited. In any such suspected circumstance, the Company will report the activity to the appropriate authority, and the player may suffer the consequences thereto. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate until such time as the relevant checks are completed to our satisfaction.

You agree to abide by these "Terms and Conditions" at all times, and:

• Not to be acting in the interests of any third party;
• Not to utilize monies obtained from ill-gotten means;
• Not to credit accounts with bank/credit cards you are not authorized to use;
• Not to try to hack the Company Mobile service, Website, and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override, or manipulate the system or in any way commit fraud/crime;
• Not to adopt any criminal behaviour against the Company, its affiliates, its players, or any third party;
• Not to mislead the Company by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one's identity, untruthful behaviour, or hiding one's true location and/or age.

In the event that you breach one or more of the Account rules as mentioned in 2.1 and 2.2, the Company reserves the right to close your account and seize any available funds. In any such suspected circumstance, the Company will report the activity to the appropriate authority, and the player may suffer the consequences thereto. Contractual obligations will be honoured unless there is any breach of any of the terms and conditions on your part or breach of any international law and laws of Kenya. The specific games/products shall be strictly guided by these rules & guidelines herein and all other Rules & guidelines that shall be issued from time to time by the Company. The wagering products, guidelines, and Rules shall remain at all times the product of the Company.

It is your responsibility to ensure that you are not infringing on any laws in your jurisdiction when opening an account and conducting business with the Company at all times during the subsistence of your subscription/participation.

You must submit the correct information during your registration. You also agree to update this information should there be any changes to your registration data.

The Company will accept no liability from third parties whatsoever, resulting from you providing incorrect or false data.

One customer may open only one account. Should we identify any customer with more than one account, we reserve the right to close these accounts.

If the Company detects multiple accounts that have been set up deliberately with misleading information, have displayed criminal behaviour, or if the Company concludes that the account-owner has fraudulent intentions, the Company shall be entitled to close the accounts and confiscate all funds, including the initial deposit. In any such suspected circumstance, the Company will report the activity to the appropriate authority, and the player may suffer the consequences thereto. If you nominate another person as an authorized user of your account, you shall be responsible for all transactions such a person makes using the relevant account details. Should you lose your account details or feel that someone else may have your account details, please Contact Us. The Company will, however, not be responsible for any loss or damage that you may suffer as a result of a transaction made by that other person. Please note that personal registration details and any other sensitive data should never be sent to us in any unencrypted form.

The Company manages players' accounts and calculates available funds, pending funds, betting funds, as well as the amount of winnings. Unless proven otherwise, these amounts are considered final and are not subject to dispute.

All account transactions are performed in Kenya Shillings. No interest is paid on any funds, irrespective of the amount held in your account or any delay in remitting funds in your account for any reason.

You agree to not in any way treat the Company as a financial institution. This includes using the Company as an intermediary to transfer funds, unused or used, from one source to another one with or without ill intentions as well as using the Company as a currency exchange bureau. Should you conduct account activities for these purposes, the Company reserves the right to close your account and/or seize any available funds available in the account. Contractual obligations will be honoured unless there is a breach of any of the terms and conditions. No credit will be offered by the Company or from any employee of the Company, and all bets must be supported by sufficient funds in the customer's account. The Company reserves the right to void any bet/wager which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet/wager. Should funds be credited to a customer's account in error, it is the customer's responsibility to inform the Company without delay. The Company will recover such funds by account adjustment.

The Company does not tolerate abusive, aggressive, or obscene language/behavior towards representatives of the Company across any of our support platforms (chat, email, telephone, outlets). Should you decide to communicate with us in this manner, you will be denied access to any and all of our support platforms, and any such acts will be reported to the relevant authority for action.

You must keep your login ID and password secret at all times. It is your sole responsibility to ensure that your login information is kept secure. Should you suspect that your login information is no longer secure, you are required to immediately contact the company as well as change your security details immediately. If at any time should your account be accessed and used by a third-party without your prior consent, the Company is not liable for any consequences that may occur.

Your Username must be your registered telephone (mobile) number.

Selling and/or transferring and/or, acquiring of accounts to/from other players, is prohibited. Any such action will lead to the closure of the account and forfeiture of the funds in such an account. The company may, in its sole discretion, reopen an account if there is sufficient proof to the satisfaction of the company that a transfer was done in error.

A dormant account is an account that has not been accessed for 30 months, that has a legal registration with or without a money balance. Once your account becomes dormant, the Company, in accordance with the applicable law, shall close your account and transfer your remaining account balance to a dedicated Company corporate account.

The Company reserves the right to terminate the relationship between the Company and any of its players at any time, which decision is purely at its discretion. The Company also reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, the company shall be entitled to close or suspend your account if:

• You become bankrupt;
• The Company considers that you have used the services/products/platforms in a fraudulent manner or for illegal and/or unlawful or improper purposes;
• The Company considers that you have used the services/products/platforms in an unfair manner or have deliberately cheated or taken unfair advantage of the Company or any of its customers;
• The Company is requested to do so by the police, any regulatory authority, or court; or
• The Company considers that any of the events referred to in (a) to (d) above may have occurred or are likely to occur.

If the Company closes or suspends your account for any of the reasons above, you shall be liable for any and all claims, losses, liabilities, damages, costs, and expenses incurred or suffered by the Company (together "Claims") arising therefrom and shall indemnify and hold the Company harmless on demand for such Claims. The Company shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings or bonus payments).

The Company prohibits and takes measures to prohibit the use of devices, such as robots, and computers that distort normal and fair gameplay. Should the use of such electronic added devices be discovered, the Company will disqualify such player(s), close all such accounts, and confiscate all funds and earnings due to such accounts. In any such suspected circumstance, the Company will report the activity to the appropriate authority, and the player may suffer the consequences thereto.

3. BETTING RULES

Definitions

In these rules, the following words have the following meanings unless the context requires otherwise:

• "Bet" means the staking of money to predict the winning odds before the game crashes.
• "Odds" means the return on the money staked should the prediction recorded in a Bet be correct. The odds paid are those at the time the bet is placed and no other.
• "Customer" means anyone placing a bet with the Company via SMS, M-Pesa, or the website.
• "User" means anyone using this website.
• "VOID" means that for one reason or another a bet is not acceptable to the Company. In these cases, this bet, or part of the bet, is settled at the odd of 1.00. In the case of the bet is considered invalid, this would mean the stake is returned to the customer.

Minimum and Maximum Bet Stakes

• Minimum Bet Amount: The minimum betting amount for a single/multi bet is 10 Kshs.
• Maximum Bet Amount: The maximum betting amount for a single/multi bet is 20,000 Kshs.
• Maximum winning bet amount is limited to 1,000,000 Kshs.

All bets and wagers are subject to the Betting Coverage provisions (including maximum winnings) set out in these Terms and Conditions including:

• The Company reserves the right to suspend and/or cancel any bet/wager at any time. When a bet/wager or gaming is suspended, any bets entered will be rejected. The Company also reserves the right to cease betting on any region within the jurisdiction at any time without notice.
• Winnings from settled bets are added to the balance of your JamboSpin account. Any funds/winnings credited to an account in error are not available for use, and the Company reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively.
• The Company does not assume liability for input or transmission errors. The Company reserves the right to rectify obvious errors in particular on the game.
• The Company assumes no liability for the correctness or completeness of information provided. You will receive a confirmation SMS from the Company containing all the details of the REGISTRATION Process, Deposits Made to your account, Withdrawal made from your account, and any other information that the company might deem necessary to share with you as long as your Danadana account is Active. You may cancel a Bet placed via the website seconds before the start of the game.

4. CASINO

These terms and conditions ("Terms") relate to the casino games and other related products on our platforms ("Casino Games").

• By playing any of the Casino Games, you agree to be bound by and confirm your acceptance of these Terms (together with the rules which may apply to specific games or products) and any amendments or variations to them.
• You acknowledge and agree to be bound by any additional rules which may apply to Casino Games, including rules contained within the Casino Game's "Help" or "Game Info" tabs ("Rules"), and rules relating to minimum/maximum bets, maximum payouts, jackpots, disconnections, and system malfunctions. The Rules may also contain instructions on how to play.
• A Casino Game bet is considered accepted after it has been registered on our server and confirmed online. Accepted bets are not eligible for cancellation or amendments.
• Casino Game limits may be revised, 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 our website (www.danadana.co.ke), and it is the responsibility of the Customer to ensure that they are familiar with all applicable limits before engaging in any betting.

The minimum stake per play varies from KES 10 to KES 500 depending on the Casino Game. Customers are responsible for checking the minimum stake for each Casino Game they play. It is important to note that the minimum qualifying stake needed to be part of a promotion (if eligible) may vary from the usual minimum bet of such Casino Game.

The maximum stake per play varies from KES 1,000 to KES 20,000 depending on the Casino Game. Customers are responsible for checking the maximum stake for each Casino Game they play.

The maximum amount of winnings that may be paid out to a Customer per day varies from KES 500,000 to KES 5,000,000 depending on the Casino Game. Customers are responsible for checking the maximum payout for each Casino Game they play.

Maximum stake may vary for each Game, but the maximum winnings per day shall apply to all Casino Games within each product vertical. All stake and winning limits are subject to our review and amendment from time to time, but the limits displayed on our website at the time of your Casino Game play shall apply, subject to any technical default or manifest error.

• Any funds/winnings credited to an account in error are not available for use. In consultation with the BCLB, DanaDana reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively. In Consultation with BCLB, DanaDana reserves the right to void any winnings, and take any and all remedial action in instances including:
  • System or software malfunction or error.
  • Suspicion that there are Prohibited Activities being undertaken.
  • Or any other reason that we consider warrants remedial action, including suspending an account or preventing withdrawal.
• Where the system generates winnings in excess of the allowed maximum limit, any amount above this limit will be regarded as void and not validly due and payable. In such instances, the Customer's stake will be refunded.
• In consultation with BCLB, these terms may be amended from time to time.
• These Terms are governed by our General Terms and Conditions available here. Unless otherwise defined in these Terms, words defined in our General Terms and Conditions shall have the same meaning when used in these Terms. Where there are any differences or inconsistencies with these Terms and our General Terms and Conditions, our General Terms and Conditions shall prevail.

5. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION

Should there be any claim or dispute arising from a past or current transaction, please Contact Us. If the Company is unable to settle the dispute, the Company will refer the dispute to an arbiter, such as the Betting Board whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any bet/wager will result in litigation, court action, or objection to a Public gaming license or a bookmaker's license or permit (including any remote operator's license or personal license) unless the Company fails to implement the decision given by arbitration.

By accepting these Terms and Conditions and/or placing bets or wagers and/or making use (whether authorised or not) of the facilities offered by the Company (whether through the Mobile service, Website and all other media/electronic platforms, or otherwise), you irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.

Notwithstanding the foregoing, the Company shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.

6. OFFERS, BONUSES, PROMOTIONS

General Offers and Bonuses

• The Company may, from time to time, make promotional offers and bonuses to any customer. The promotional offers and bonuses are offered at the sole discretion of the company and may be withdrawn at any time.
• Where any term of the offer or promotion is breached or there is any evidence of a series of bets/stakes placed by a customer which due to a deposit bonus, enhanced payments, free bets/stakes, or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, the Company reserves the right to:
  • Reclaim the bonus element of such offers
  • In the Company's absolute discretion, settle bets/stakes at the correct odds
  • Void the free bets/stakes
  • Void any bet/stake funded by the deposit bonus
• In addition, the Company reserves the right to levy an administration charge on the customer up to the value of the deposit bonus, free bet/stake, or additional payment to cover administrative costs.
• The Company further reserves the right to ask any customer to provide sufficient documentation for the Company to be satisfied in its absolute discretion as to the customer's identity prior to the Company crediting any bonus, free bet/stake, or offer to the customer's account.
• The Company reserves the right to amend the terms of or cancel any customer offer at any time.

7. PRIVACY

The aim of this policy is to tell you how we will use any personal data that you provide through this service/platform, Mobile service, Website, and all other media/electronic platforms. Please read it carefully before you provide us with any personal data.

Data Collection

We collect the following personal data from you in order that you may register and use this service/platform, Mobile service, Website, and all other media/electronic platforms, and our Games, these including but not limited to: your name, date of birth, identification document, and your contact details including the telephone number and your email address.

Use of Personal Information

We use your personal information to invite you to join Danadana and play our games. Where you have asked to receive information from us, we will use your personal information to send you football alerts. You will be able to unsubscribe at any stage by writing an email to [email protected]. Should there be any transaction after the text, please contact customer care immediately.

Disclosure of Personal Information

Your personal information may be disclosed:

• Under our duty to comply with any legal obligation, or in order to enforce or comply with our Terms and Conditions and other agreements; or to protect our rights or property.
• For marketing purposes where you have explicitly indicated upon your registration that you would like to receive information from our partner networks, advertisers, and affiliates about their products and services.

Third-Party Services

We may also employ the services of an independent third party to help us provide our online services. In some cases, these third parties may receive your information. However, at all times, we will control and be responsible for the use of your information.

Access to Your Information

You are entitled to see the transactional information and bet history held about you upon authentication on our website.

Updating Your Information

You are the only authorized person who may review, correct, update, or change your personal information at any time.

Security Measures

We have implemented reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, the internet is an open system, and we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes.

Disclaimer

We cannot guarantee that any communication, messages, or any attachment is virus-free, does not contain malicious code, or is incompatible with your electronic system, and we do not accept liability in respect of viruses, malicious code, or any related problems that you might experience.

Changes to Privacy Policy

If our privacy policy changes in any way, we will place an updated version on our website. Regularly reviewing this website ensures that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we will share it with other parties.

Legal Compliance

Circumstances as specified under relevant legislation governing the Company's business activities may require us to forward your information to the relevant Authorities.

Liability

The company shall not be liable for any loss and damage that may occur as a result of access by third parties to any of your personal information.

8. USE OF THE SERVICE, WEBSITE, AND ALL OTHER MEDIA/ELECTRONIC PLATFORMS

Information and Content

Information and Content accessed by you on the Mobile service, Website, and all other media/electronic platforms (including results, statistics, sporting data, and fixture lists, odds, and betting figures) is for your personal use only, and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy, or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.

Performance and Operation

Your computer or mobile device and internet connection may affect the performance and/or operation of the Mobile service, Website, and all other media/electronic platforms. The Company does not guarantee that the Mobile service, Website, and all other media/electronic platforms, will operate without faults or errors or that the Company services will be provided without interruption. The Company does not accept any liability for any failures or issues that arise due to your equipment, internet connection, or internet or telecommunication service provider (including, for example, if you are unable to place bets or wagers or to view or receive certain information in relation to particular events).

Fair Use

• The Mobile service, Website, and all other media/electronic platforms, and the Company products may only be used for the purposes of placing bets and wagers on events and/or gaming products.
• You must not use the Mobile service, Website, and all other media/electronic platforms for any purpose which (in the Company's opinion) is illegal, defamatory, abusive, or obscene, or which the Company considers discriminatory, fraudulent, dishonest, or inappropriate.
• The Company will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest, or criminal acts via or in connection with the Mobile service, Website, and all other media/electronic platforms or the Company's products. The Company will withhold payment to any customer where any of these are suspected. The customer shall indemnify and shall be liable to pay to the Company, on demand, all Claims (as defined hereinabove) arising directly or indirectly from the customer's fraudulent, dishonest, or criminal act.