Gamestream

Gamestream KENYA LIMITED TERMS AND CONDITIONS

These general Terms and Conditions ("Terms and Conditions" or "T&C") shall be valid for all betting games offered by GAME STREAM LTD. GAME STREAM is a trademark registered and owned by Game Stream Limited, company registered under Kenyan Laws and hereinafter the name GAME STREAM shall synonymously be used with GAME STREAM LIMITED.

By using our SMS and/or visiting any section of the Website, or by opening an account with GAME STREAM through the Website, or SMS, you agree to be bound by the Terms and Conditions. GAME STREAM reserves the right to change these Terms and Conditions at any time and without prior notice and will endeavour to inform you about major modifications to the Terms and Conditions. We may need to change the Terms of Use from time to time for a number of reasons, including (without limitation) for commercial reasons, to comply with law or regulations, to comply with instructions, guidance or recommendations from a regulatory body, or for customer service reasons.

The user is responsible in ensuring that they don’t infringe on any laws in their jurisdiction when opening an account and conducting business with GAME STREAM at all times during the subsistence of their subscription/ participation.

GAME STREAM 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 GAME STREAM detects multiple accounts which have been setup deliberately with misleading information, have displayed criminal behaviour, or if GAME STREAM concludes that the account-owner has fraudulent intentions, GAME STREAM shall be entitled to close the accounts and confiscate all funds, including initial deposit.

GAME STREAM reserves the right to undertake the following:

Verify your identity
Verify your gaming activity
Conduct security and other internal procedures in relation to your account
Ensure that prizes offered, and award procedures have been adhered to
Disclose winners' personal information (name, images etc) on any media platform for marketing purposes

Notwithstanding anything contained in these Terms and Conditions, the Customer's winnings shall be subject to the governing regulations in the Republic of Kenya, and this shall include but not be limited to applicable taxes and levies.

All the terms and conditions listed in this page shall together be referred to as "the Terms of Use" and/or “T&C”. "User" and "Customer", "You" and "Your" refers to you, the person accessing the Service and accepting the Company's terms and conditions. Whenever the Customer uses the service such as to place a bet or to participate in any of the promotions offered, he agrees to be bound by the Terms of Use, including any amendment which may periodically take place.

DEFINITIONS

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

Bet means the staking of money on the prediction of the outcome of a sporting event offered by us. A bet can include one or more predictions. A bet on one outcome is a single. A bet on many different outcomes is a multiple.

Odds or Price means the return on the money staked should the prediction recorded in a Bet be correct. A winning price of 2 would return double to the stake to the customer.

Customer means anyone placing a bet with GAME STREAM or any other services hosted or sponsored by said company.

User means anyone using this service

Full time (FT) means the point when the official 90 minutes of a full match has elapsed plus any 'Injury Time' that the referee chooses to add and shall NOT include scheduled extra time (two half times of 15 minutes each), penalty shoot-outs etc.

VOID means that for one reason or another the bet is not acceptable to GAME STREAM . In these cases, this bet is settled at the price of 1. In the case of a single bet this would mean the stake is returned to the customer.

CUSTOMER SUPPORT

You can reach us through our hot lines +254704617183 or send an email to care@gamestream.co.ke and our team of professionals will respond to all your queries.

1. IDENTITY OF CUSTOMERS

Your mobile phone number is your identity. The identity of customers is determined by mobile phone number. We strongly encourage all customers to sign up for identity programs administered by the mobile phone companies. We use mobile phone numbers to uniquely identify customers and their account details. If transactions are made via your phone by someone who is not the registered user, the registered user will remain liable for their transactions. In addition, we cannot do account transactions for accounts which are not identical to the phone number. This means that you cannot, for example, ask to be paid out on a different number other than the number you have placed a bet with; also, you cannot send money to us and request that this is placed in a different account. In addition to your phone number your initial transaction will initiate the creation of a virtual account to which all monies added to the cause of betting will be held.

Note: This is not a standard banking account and it shall not be used to keep money other than the use to place bets.

2. AGE RESTRICTION

The Law prohibits minor persons (under 18-year-olds) from betting. We may at any time ask you to confirm your age. You indemnify us of any damages if you deceive us or misrepresent your age. Underage clients will have their accounts closed immediately and any balances forfeit. We may also suspend ANY account for any reason and ask you to come with ID to one of our offices or agents to prove age, and identity. Individuals suspecting underage gambling are encouraged to report this to us immediately on our customer service number or via email to care@gamestream.co.ke.com

3. ACCOUNT SECURITY

Customers are the registered user of their mobile number and Account. Customers are responsible for the security of their phone numbers, Account details and their mobile money accounts. We strongly recommend that customers do not disclose any security sensitive information to any other person. If an unauthorised person uses a customer's phone for betting or money transactions to us, the registered user remains responsible.

We may also ask you to identify yourself and collect your winnings at one of our premises if we so require.

4. PRICING

Customers will incur charges when using SMS services. We keep these as low as possible, currently at Ksh.3 for each SMS you receive from us on any of the participating networks. The minimum bet amount is Kshs. 10 for single bets and multibets. Jackpot betting is at a fixed stake of Kshs. 50. The minimum bet amount and fixed stake for jackpot may change from time to time and customers shall bear the responsibility to confirm and update themselves with the said changes.

5. ACCEPTANCE AND VALIDATION OF BETS

All football bets will be settled on 90 minutes’ play (also referred to as Full-time and normal time). This denotes the period of play which includes time added by the Referee for injuries and other stoppages. This does not include scheduled extra time, or Penalty shoot-outs, if played.

In matches where penalty shoot outs or extra time are due to take place, all bets are settled on 90 minutes unless an Outright price is specifically requested and confirmed at the time the bet is placed.

Where GAME STREAM have not quoted prices on a match, any single bet on that match will be void and treated as a non-runner in multiple bets.

If any team starts a 90-minute competitive game with less than 11 players, all bets on that match will be made void.

6. LATE BETS

Bets can only be placed on the outcome of a future event unless we are offering special 'betting in-running prices' for that event. If GAME STREAM mistakenly accepts a bet for an event that has already started then the bet will be void and your stake returned, except in the following circumstances: - Where bets are taken after the start of an event, bets will stand if nothing has happened which would significantly alter the chances of the selection winning or losing.

All bets placed after the result of an event is known will be void win or lose. Internet bets include bets placed on any of our remote channels including our www.GAME STREAM .co.ke website and via SMS. In the case of such bets, the bet is struck when a bet id or receipt exists in our back-end systems or database. We may refuse to take bets placed if they are deemed wrong or mistaken.

7. BET CANCELLATION

You can cancel a bet ten (10) minutes after placing that bet. This should be before the kick-off time of a match(es) selected in that bet. The maximum number of bets that can be cancelled in a day is three (3).

To cancel a bet on SMS, send CANCEL#BET ID to 23239. You can also cancel a bet by logging into the website, www.gamestream.co.ke, 'My Bets' then selecting the Bet ID you want to cancel, click on "Cancel Bet' and then confirm.

8. ACCOUNT CORRECTIONS

GAME STREAM has the right to recover from you any amount overpaid and has your authority to adjust your account to reflect the true outcome and rectify the mistake. An example of such a mistake might be where a price is incorrect, a bet is late (see Acceptance and Validation of Bets), where a maximum payout limit has been reached and paid out erroneously or where we enter the result of an event incorrectly.

9. DISPUTES

If you have a complaint; you can email customer support on care@gamestream.co.ke and if your query or complaint is not resolved, you can ask for the matter to be escalated to the Head of Betting Operations. The Head of Betting Operations will investigate and contact you back with a resolution within 48 hours. You will be given the name and status of the people to whom your query/complaint has been referred. If you remain dissatisfied, we may agree with you to refer the matter to an independent third body for arbitration.

GAME STREAM will at all times apply best efforts to resolve a reported matter promptly. If you have a query about any transaction, you may also contact GAME STREAM at care@gamestream.co.ke with details of the query. GAME STREAM will review any queried or disputed transactions.

If for some reason you are not satisfied with the resolution of the complaint by the Company, you can complain to the Betting Control and Licensing Board ("BCLB"). Kindly note that by contacting the BCLB you are confirming that you have not breached any of the GAME STREAM Terms and Conditions as agreed to by you upon registration to our service.

In all other times where a dispute arises, parties shall refer the matter for Arbitration by a single arbitrator agreed by the parties where the chosen venue shall be Nairobi. Where there is no agreement each party shall appoint an arbitrator and the nominated arbitrators shall appoint a single arbitrator and where they are unable to agree the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators shall appoint one.

Offensive or rude language, as well as malicious or damaging comments, will not be tolerated while contacting our staff or while discussing our products and services in any media, social network or forum. Any infringement of this policy will result in a suspension of the Account or in every additional action as may be required to ensure compliance.

10. ERRORS

GAME STREAM makes every effort to ensure that we do not make errors in accepting bets. However, if as a result of human error or system problems a bet is accepted at a price (which includes the odds, handicap provisions, and other terms and conditions or details of the bet) that is: materially different from those available in the general market at the time the bet was made; or clearly incorrect given the chance of the event occurring at the time the bet was made then GAME STREAM will pay winnings at the correct price.

To establish the correct price GAME STREAM will consider prices available in the general market at the time the bet was made, including the prices offered by other bookmakers operating in the same market.

Examples of circumstances where this would apply are: - the price is recorded as 100-1 when the price on offer in the general market is 10-1 - the margins for handicap betting have been reversed

If a bet is accepted in error by GAME STREAM on an event or outcome for which no GAME STREAM prices are available, the bet will be void and your stake returned.

A bet accepted on the website or via SMS does not constitute a legally binding contract between the customer and us. The prices we offer on all outcomes on display on this website take the form of an advertisement rather than a contractual term. If we offer mistaken prices, then we are entitled to decline any bet placed at those prices at any time. In such instances we will void the bet and return the stake money.

Any results or scores displayed on the site for example during betting in play are for guidance purposes only.

11. FRAUD

GAME STREAM will seek criminal and contractual sanctions against any customer involved in fraud, dishonesty, or criminal acts. GAME STREAM will withhold payment (including but not limited to possible pay-outs and bet amount) to any customer where any of these are suspected.

The customer shall indemnify and shall be liable to pay to GAME STREAM, on demand, all costs, charges or losses sustained or incurred by GAME STREAM (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from the customer's fraud, dishonesty or criminal act.

Match or Price Rigging:

GAME STREAM takes sporting and betting integrity very seriously. We work with our Gaming Regulators and independent Sports Associations to help ensure that the fairness of gaming and the integrity of sport are protected. If the company suspects any event manipulation it withholds the right, in its absolute discretion, to:

suspend the offering of any event or series of events in any of its markets; and delay and/or withhold payment on any event or series of events in any of its markets, until the integrity of such event or series of events has been confirmed by the relevant sports federation. Further, in the case of active event manipulation being confirmed as having taken place on any event or series of events by the appropriate sport’s governing bodies, the company withholds the right, in its absolute discretion, to suspend any bets placed on such events, either by any individual identified as having possessed insider betting knowledge or information or by any other individual who in the reasonable opinion of the company is connected to, acting in conjunction with or in any way involved with such individual.

If the company believes that match or price rigging has taken place, it reserves the right to relay the respective party's saved details (information pertaining to the reservations or suspicions of the respective misdemeanour in question) to sporting bodies, authorities or any other third party, which deals with the investigation of such offences.

12. PRICE CHANGES

All prices are subject to change and may, on occasion, be restricted to certain stake levels. The prices offered via our different business channels may vary. For example, our betting shops may offer slightly different prices from those available on this website or available by SMS.

13. RESULTS

In the case of Football and other Sports, bets are settled on the official result published by the relevant event managers or result handlers 3 to 24 hours after the match/event is finished.

14. VOID BET

"Void Bet" means the bet is nil or invalid. This occurs when an event is postponed/cancelled, or when it has started but not finished within the period specified in our policy. If a game has been cancelled or postponed there is always 24 hours wait until the match will be set as void. Once the match has been set as void (with odd 1.00) the rest of the winning ticket will then be paid out. If a selection in a single bet is made void the stake will be returned. Void selections in multiple bets will be treated as non-runners and the stake will run onto the remaining selections in the bet.

15. WITHHOLDING PAYMENT AND OUR RIGHT TO SET OFF LIABILITY

We reserve the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred:

the integrity of the event has been called into question
the price(s) or pool has been manipulated
match rigging has taken place

Evidence of the above may be based on the size, volume or pattern of bets placed with us across any or all our betting channels. A decision given by the relevant governing body of the sport in question (if any) will be conclusive. If any customer owes any money to GAME STREAM for any reason, we have the right to take that into account before making any payments to that customer.

16. 90-MINUTE FOOTBALL BETS

What is meant by '90-minute Betting', 'Full Time' and 'Normal Time'? Adult football matches are played over a 90-minute period, and this period can be called '90-minutes', 'Full Time' or 'Normal Time'. All football bets, unless specifically stating they are for Outright, To Qualify, Extra Time or Penalties markets, will be settled on the result after Normal Time (90 minutes).

During the game, the referee may stop the game for short periods for substitutions, or if a player gets injured, and at the end of each 45-minute half the referee adds however many minutes he feels is required to account for any of these stoppages. This additional time is called "Injury time". Full Time and Normal Time are terms for the full 90-minute period, plus any 'Injury Time' that the referee chooses to add. Full Time and Normal Time DO NOT include Extra Time.

Some matches may have a FT period of eighty (80) minutes or LESS as per FIFA regulations. Such matches include U/16, U/17, Women Seniors etc.

17. ABANDONED MATCHES

If a match is abandoned after it has commenced, all bets on that match will be made void except where settlement has already been determined. For example, where the first goal has been scored by a named player the First Goal scorer and Time of First Goal markets, amongst others, will stand.

18. POSTPONED/REARRANGED MATCHES

A postponed match is void unless it is rescheduled to commence within 24 hours of the original start time and this is confirmed within 12 hours of the original start time. In such circumstances where (a) void match(es) is/are included in an accumulator the bet will be settled on the remaining selections.

19. PRICES SUBJECT TO FLUCTUATION

All prices are subject to fluctuation up to the kick-off. All football bets will be settled using GAME STREAM online www.gamestream.co.ke) prices at the time the bet is placed.

20. RELATED CONTINGENCIES IN ONE MATCH

Where we offer various betting opportunities from the same match (e.g. correct score, first player to score etc.) these cannot be combined in accumulative bets where the outcome is related (except where special fixed prices are available). Where an accumulative bet of this type has been accepted in error it will be settled by equally dividing the stake unit where the related outcomes clash.

21. RESULTS

If the result is not immediately available from an official channel, then the result published by the official governing body immediately after the match/event is finished will be used for settling purposes. Any subsequent corrections or amendments to this result will not apply for settlement purposes.

GAME STREAM will settle all bets rapidly but because of time differences, for some events, bets may be settled overnight or with some delay.

22. MAXIMUM PAYOUTS

(a) Minimum Bet Amount: The minimum betting amount for a single/multi bet is ksh1.
(b) Maximum Bet Amount: The maximum betting amount for a single bet is Kshs 20,000.
(c) Maximum Bet Amount: The maximum betting amount for a multi bet is Kshs 20,000.
(d) Maximum Bet Amount: The maximum betting amount for a Jackpot bet is ksh100.
(e) Maximum Single Bet Winning: The Single bet winning amount is limited to Kshs 100,000
(f) Maximum Multi bet Winning: The Multi bet winning amount is limited to Kshs 1,000,000
(g) Maximum Aggregate Winning (maximum payout): The Maximum winnings amount per customer per day is limited to Kshs 1,000,000

23. ACCOUNT CLOSURE/FREEZE

We reserve the right to close/freeze any customer account or refuse to take bets from any customer. In this event of account closure, the full value of any customer funds will be returned as soon as applicable

Should you attempt to withdraw funds that were deposited but not used for wagering, the Company may levy a processing fee of 10% upon such withdrawals. Additionally, should these transactions be deemed suspicious, the Company will report the activity to the appropriate authority and the player may lose these funds.

24. BETTING PROCEDURES

Anyone above 18years of age can play as many times as they desire but within the daily limits on bet values and pay-outs set aside in our Terms and Conditions

Registration:

Log onto www.gamestream.co.ke
You will receive a confirmation message that you are now registered and ready to bet.
GAME STREAM Account Top-up M-PESA: To top up your GAME STREAM Account, go to the M-PESA Menu, “Lipa na M-PESA”, go to pay bill number enter business number 4107217, account no. “Your phone number” and enter the amount you wish to deposit.
You can also deposit online at www. gamemasters.co.ke. Once you’ve logged in, click on ‘Deposit’, enter the amount, and then click on ‘Top Up Now’.

Placing Bets:

The minimum bet amount is Ksh 10 and the maximum limit is set in the terms and conditions.

There are three possible results in any football match:

1 - Home Team wins
X - Draw result
2 - Away Team wins

Types of bets:

Single Bet: Place bet in this format; GAMEID#PICK#AMOUNT e.g. GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) to bet on this match, SMS 123#1#200 to 23239
Multi Bet: Place bet in this format; GAMEID#PICK#GAMEID#PICK#AMOUNT e.g. GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) GAMEID 456 Manchester United vs Chelsea ODDS (1=2.87 X=4.13 2=3.90) to bet on this match, SMS 123#1#456#X#200 to 23239
Double Chance (DC): Possible outcomes – 12, 1X, X2 Pick Format: DC12 DC1X DCX2 GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) Single Bet - Place bet in this format: GAMEID#PICK#AMOUNT E.g. 123#DC1X#200
Goal Goal (GG) Both teams score
No Goal (NG) No team scores or only one team scores: GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) Single Bet - Place bet in this format: GAMEID#PICK#AMOUNT E.g. 123#GG#200 123#NG#200
Over/Under 0.5//1.5/2.5/3.5/4.5/5.5: Over 2.5 (ov25) over 3 goals scored Under 2.5 (un25) under 2 goals scored GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) Single Bet - Place bet in this format: GAMEID#PICK#AMOUNT E.g. 123#ov25#200 123#un25#200 GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) GAMEID 456 Manchester United vs Chelsea ODDS (1=2.87 X=4.13 2=3.90) Multi Bet - Place bet in this format: GAMEID#PICK#AMOUNT E.g. 123#ov25#456#un25#200
Halftime/Fulltime GAMEID#HtFt(Halftime Pick Fulltime Pick)#AMOUNT GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) 123#HtFtX1#100
Correct Score Game ID#ftcspick#Amount e.g. 3214#ftcs23#100
Draw No Bet Picks: DNB1/DNB2 GAMEID#PICKAMOUNT GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) 123#DNB1#100
First Half Picks: HT1/HT2 GAMEID#PICKAMOUNT GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) 123#HT1#100
First Half – Both Teams to Score Picks: HTGG/HTNG GAMEID#PICKAMOUNT GAMEID 123 Arsenal vs Liverpool ODDS (1=2.54 X=3.47 2=3.10) 123#HTNG#100

Winners’ Notification:

Winners will receive an SMS notification of their winnings and have it deposited in their GAME STREAM account within 24 hours after the game ends. The extra time allows us to validate the results and post them on our website www. gamems.co.ke

Withdraw:

You can withdraw on www.gamestream.co.ke Once you are logged in, click on withdraw, enter the amount and click on ‘withdraw now’. Minimum withdrawable amount is Kshs. 50. Maximum withdrawable amount per day is Kshs. 300,000. Kindly note you are not able to withdraw your bonus apart from the Jackpot bonus. Withdrawal charges shall apply.

27. MAXIMUM STAKE

GAME STREAM allows a maximum stake of Ksh 20,000 per bet for all single and multi-bets. The validity of bets will be decided at the discretion of GAME STREAM.

gamemasters.co.ke and the logo/mark above are trademarks and properties of Game Stream Limited.

28. ALTERATION OF THE WEBSITE

GAME STREAM may, in our absolute discretion, alter or amend any product or service (including any prices offered) available through the website gamestream.co.ke) at any time for the purpose of ensuring the ongoing provision of the website, but without prejudice to any games and/or bets already in progress at the time of such amendment. From time to time, we may restrict you from accessing some parts of the website for the purpose of maintenance of the website and/or alteration or amendment of any of the games and/or products available through the website.

29. PAYMENTS

DEPOSITS

You may deposit money into Your GAME STREAM account either through Mobile Money or Over the Counter at any GAME STREAM Shop.

You shall only deposit money in Your account for the purposes of You using such money to place bets or stakes on our platforms.

GAME STREAM shall be entitled to suspend or close Your account if GAME STREAM reasonably considers or has reason to believe that You are depositing money without any intention of placing bets.

By depositing funds with GAME MASTERS, you certify that the funds you deposit in Your account are not from an illegal source. You shall not use the Service for the purpose of transferring such funds from illegal sources. You will not use our Services for any illicit or fraudulent activity, or for any unlawful or fraudulent transactions.

We reserve the right to suspend or close Your account at any time if We suspect that You may be engaging in, or have engaged in fraudulent, unlawful, or improper activity, including money laundering activities or any conduct which violates these Terms. If Your account is terminated or blocked for these reasons, we are under no obligation to refund to You any money that may be in Your account. In addition, we are entitled to inform relevant authorities of Your suspected unlawful, fraudulent, or improper activity.

PENDING DEPOSITS AND WITHDRAWALS

GAME STREAM acknowledges that there may be a pending deposit or withdrawal from time-to-time. As such, players are advised to contact our 24/7 help line and the pending deposits and withdrawals will be resolved within 1 hour of reporting.

CUSTOMER SUPPORT

You can reach us through our hot lines +254704617183 or send an email to care@gamestream.co.ke and our team of professionals will respond to all your queries.

PAYMENT CALCULATIONS

The “Potential Win” calculation available on the Website is for information purposes only, and all bets will be calculate using the stake/risk at the odds accepted.

Should You include a non-runner or void selection in a multiple bet/parlay, the bet will be settled on the remaining selections.

We reserve the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred:

(i) the integrity of the event has been called into question.
(ii) the price(s) or pool has been manipulated; or
(iii) match-rigging has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with us across any or all our betting channels. Any decision made by us in this regard will be conclusive. If any customer owes any money to us for any reason, we have the right to take that into account before making any payments to that customer.

Winnings from settled bets are added to the balance of your betting account. Any funds/winnings credited to an account in error are not available for use and GAME STREAM 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.

We reserve the right to undertake reasonable diligence to verify the validity of any bets, wagers, or winnings as a precondition to paying out any wins or permitting player withdrawals.

You will incur charges when using SMS services. The charges shall be communicated to you from time to time.

Any monies held in Your account shall NOT attract interest.

You are solely responsible for any applicable taxes on any stake, prizes and/or winnings that You collect from Your use of the Service over and above taxes collected by us on Your behalf. We will deduct applicable taxes from any stake, prizes, or winnings prior to payment to You; as a result, you acknowledge and agree that any amounts You receive shall be net of such deductions.

GAME STREAM reserves the right to monitor any irregular activity. We further reserve the right to withhold any withdrawals and/or confiscate all winnings which We reasonably believe to be related to irregular activity.

GENERAL

By depositing funds into your account, you direct us, and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (i) to place your sporting and gaming stakes; and (ii) settling any fees or charges that you might incur in connection with the use of our services (Purpose). We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting and/or gaming stakes. In such circumstances we may also report this to relevant authorities.

All funds that we hold for you are held in separate designated customer bank accounts to be used solely for the Purpose and the bank has acknowledged this. We must return the funds to you if they are not used for the Purpose.

The bank has acknowledged that your funds are held in those accounts solely for the Purpose. The bank has confirmed that it will not mix customers’ funds in those accounts with any other, including our own, and that it has no claim on the funds itself.

In view of the above, in the event of our insolvency, your funds are protected. The funds would still belong to you and would not fall into the hands of the liquidator.

You agree that we shall be entitled to retain any interest which might accrue on monies held in your GAME STREAM account.

No credit will be offered by any employee of GAME STEAM, and all bets must be supported by sufficient funds in the customer account. GAME STREAM reserves the right to void any bet which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet. Should funds be credited to a customer's account in error it is the customer's responsibility to inform GAME STREAM without delay. GAME STREAM will recover such funds by account adjustment.

Unless otherwise stated, all examples given on the Website are given in KES. For any transaction which requires a currency exchange, the applicable exchange rate will be the mid-rate as quoted by the Financial Times.

Once a currency is selected, funds are deposited, wagered and winnings paid in that currency. To transact in a different currency, you must close your existing account by contacting us and open a new account with your preferred currency.

GAME STREAM shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorised’ use of the Website including activities which are not for an authorised purpose.

Withdrawals

All withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.

Withdrawals can be processed by clicking 'Withdraw' on the Website, subject to there being sufficient funds in your betting account.

If the value of a deposit is not played through in full before a withdrawal is requested, GAME STREAM reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.

30. COMPLAINTS

If You have a complaint or experience any difficulties, please contact our customer service centre on care@gamestream.co.ke

All written complaints will be processed and responded within fourteen days of receipt of the complaint. We maintain records of complaints received and actions taken in response to the complaints.

If after our internal process has been fully exhausted, you remain unsatisfied as to the outcome of Your complaint, you have a right to escalate this complaint to BCLB.

Any claim or dispute about:

a Transaction; and/or
a game you have played using the services, must be made within six (6) months from the date of that Transaction or gameplay. We reserve the right not to accept claims or disputes made after that six (6) month period.

Where permitted under the applicable law, you agree that You may bring claims against Us only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

31. DISPUTES, GOVERNING LAW, AND JURISDICTION

Should there be any claim or dispute arising from a past or current transaction, please contact us. If GAME STREAM is unable to settle the dispute, GAME STREAM will refer the dispute to an arbiter, 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 bookmaker’s licence or permit (including any remote operator’s licence or personal licence) unless GAME STREAM fails to implement the decision given by arbitration.

Settlement of bets on American sports: In all cases bets on American sports will be settled using statistics and results as provided by each sport's governing body (obvious errors excepted). The relevant governing bodies are as follows, NFL, NCAAF, CFL, NBA, NCAAB, NHL, MLB, NASCAR, MLS, and the PGA tour.

Any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Kenya.

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 GAME STREAM (whether through the Website 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, GAME STREAM shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.

32.PRIVACY POLICY

This Privacy Policy is agreed between you and GAME STREAM corporate entities (‘GAME STREAM’, ‘We’, ‘Us’ or ‘Our’ as appropriate). GAME STREAM will only process your personal data for the purposes for which it collected it, namely, to provide you with an online betting service.

GAME STREAM do not normally share your data with any other third parties; however, at times we may be required by law or legal process to disclose your personal information. We may also disclose information about you if we believe that disclosure is necessary for the public interest.

You have a right to access your data and request it to be changed or deleted at no cost to yourself. You also have a right to stop receiving marketing information. You may do this by just removing the tick mark in the My Account (Me) page when you login.

By submitting your information to us and using the Website you confirm your consent to the use of your personal information as set out in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use the Website, or otherwise provide us with your personal information.

Your privacy is important to GAME STREAM. We follow closely the laws and ensure legality. We endeavour to keep your personal information always protected by implementing adequate technical and organizational controls. Please take a moment to read the following policy to learn how we handle your personal information, as your use of our services will indicate your acceptance of its content.

We collect and use your personal information to satisfy legal and regulatory requirements; for historical and statistical purposes; for security and control and for the smooth provision of our services. From time to time, we may also use your personal information to contact you by mail, email, telephone, or mobile phone to introduce you to our products or any events, activities, projects, plans, developments, undertakings, and special offers taking place, being promoted or supported by GAME STREAM. The data supplied by you upon registering online or thereafter shall be kept by GAME STREAM and will solely by used to determine the legality of registration and activity on the Website. By supplying us with your information you confirm that you do not consider use of your information in accordance with this Privacy Policy to be a breach of your rights under “The Act”. We encourage you to contact us at any time and remind you of your right to opt out at any time from receiving any promotional or marketing materials from us.

GAME STREAM safeguards the security of the data you provide us with physical, electronic, and managerial procedures. Please note that we cannot guarantee that any data transmitted over the Internet is completely secure. Accordingly, we encourage you to take every precaution to protect your personal data when you are on the Internet.

The Management of GAME STREAM together with the Fraud Team will have the right to access the submitted personal information relating to the registered players. You always have a right of access the information we have about you. To review and update your personal contact information, simply contact GAME STREAM and you will be provided with information about your personal data we hold. If you prefer you may contact our Customer Service using the contact details available on the site. Additionally, you have the right to have any inaccurate information corrected and where applicable, erased. It is our right to ask you to provide us with a written request for information we hold about you.

To make sure your personal information remains confidential; we communicate these privacy guidelines to every GAME STREAM employee. GAME STREAM Website may, from time to time, contain links to other sites. GAME STREAM do not share your personal information with those websites and is not responsible for their privacy practices. We encourage you to learn about the privacy policies of any such company. If we are going to use your personal information differently from that stated at the time of collection, we will inform you accordingly. GAME STREAM Privacy Policy is subject to change at any time. It is in your interest to review the privacy policy regularly for any changes.

33.COMPLAINTS

GAME STREAM endeavours to make a customer’s experience with us an enjoyable one. However, there may be occasions where a customer feels dissatisfied with the quality of our product/s or our customer service. A customer may raise a complaint by sending an e-mail to our Customer Service at: care@gamestream.co.ke.

We will endeavour to handle complaints as soon as practicable. We request our clients to be patient with our internal processes owing to the number of requests we receive daily, system upgrades, changes requested by the regulator and new instructions from the customer. A complaint shall be deemed to have been submitted in a valid manner when it contains clear information regarding the customer’s identity and gives all relevant details giving rise to the complaint.