TERMS AND CONDITIONS

These Terms and Conditions (hereinafter “Terms”) govern the relationship between Banzostar (Pty) Ltd trading as Firstbet and its customers. These Terms include, amongst others, important provisions concerning the conditions under which a customer may establish and operate a betting account with Firstbet, as well as restrictions and conditions which will apply to the relationship between the parties and the various betting transactions and products which Firstbet offers. It is therefore essential that you read these Terms fully and ensure that you have understood and agree to them before establishing an account with Firstbet.


1. ELIGIBILITY TO BET

1.1. No person may apply for an account or place a bet with Firstbet or enforce any debt arising out of a bet unless such person -

(i) is a natural person (companies, close corporations and other corporate entities are disqualified from betting);
(ii) is at least 18 years of age;
(iii) has completed account application form accurately and in full and has been accepted as an account holder by Firstbet;
(iv) is not listed on the register of excluded persons referred to in section 14 of the National Gambling Act, 2004, and
(v) is not in breach of these Terms and Conditions.

1.2. Any person who completes the account application form warrants thereby that he/she has read, understood and accepted these Terms and all Rules relating to betting on sporting events or horseracing or any other lawful contingency published on this Site from time to time; and will be deemed thereby to have made an application requesting Firstbet to –

(i) conclude an agreement in accordance with these Terms for the provision of a betting service on horseracing, sporting events and any other lawful contingency to such person (hereinafter “the Customer”);
(ii) for the purposes of paragraph (i), to open an account in the name of the Customer, which application shall be deemed to have been granted, and the which account shall be deemed to have been opened, if Firstbet informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed account application form.


2. ACCOUNT OPENING PROCESS AND RELATED INFORMATION

2.1. The Customer warrants that all information provided in the account application form completed by him/her is and shall remain true and correct. The Customer undertakes forthwith, and in writing, to advise Firstbet of any and all matters or changes in details that might have bearing on an approved application or the Customer’s’ creditworthiness, legal capacity or continued eligibility as a customer.

2.2. Firstbet –

(i) reserves the right to –
a. accept an application for a new account;
b. decline an application for a new account for any reason whatsoever
c. cease accepting bets from a Customer in its sole discretion for any reason whatsoever, which reason Firstbet shall not be obliged to furnish or disclose to the Customer or any other person, and
(ii) shall decline an application for a new account if –
a. the account application form has not been completed in full, and/or
b. the information contained in the account application form is found to be incorrect or subject to a material omission, and/or
c. any information required to be submitted in conjunction with the application form, or requested by Firstbet prior or subsequent to the submission of the application form is not provided by the applicant in the manner or format or within such timeframes as Firstbet may specify.

2.3. The Customer shall be solely responsible for the safekeeping and proper use of all his/her account details and other information that will enable him/her to place a bet. The Customer undertakes that he/she shall –

(i) not apply for or hold more than one account with Firstbet;
(ii) not apply for an account in the name of or on behalf of any other person, and
(iii) not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, username or personal identification number as is or may be furnished to the Customer by Firstbet from time to time,

and Firstbet shall accordingly not be liable to honour any transaction pertaining to any account so held or applied for or to pay out any winnings in respect of any bet so placed. The Customer indemnifies Firstbet against any claims, losses or damages arising from such bets.

2.4. The Customer undertakes to notify Firstbet immediately in the event that the Customer’s account information is lost, stolen, misappropriated, or utilized by someone other than the Customer or the Customer has reason to believe that any of these circumstances has occurred. The Customer shall be liable for all bets placed with Firstbet and any payments made by/to Firstbet in respect of any purchase and/or transaction concluded on the Customer’s account prior to notification in accordance with this clause.

2.5. Once a business relationship has been established with a Customer, an account will be created in the name of the Customer and the Customer will be required to log in to this/her Firstbet account for the purpose of entering into betting transactions with Firstbet, using his/her personalised login details, including a dedicated username and password.

2.6. If there is any difference between the information entered by a Customer at the time of logging in to his/her account, and the information supplied to Firstbet by the Customer at the time of establishing the business relationship, the Customer will not gain access to his/her account and will be required to contact Firstbet for assistance.


3. FICA

3.1. Firstbet is bound by the provisions of the Financial Intelligence Centre Act, Act 38 of 2001, as amended (“FICA”), which sets out the requirements in relation to identity establishment and verification procedures, customer due diligence, the recording and ongoing monitoring of transactions, the retention of records and related matters. All of these requirements have been put in place in order to ensure that the betting services provided by licensed bookmakers such a Firstbet are not unlawfully used as vehicles for money laundering and/or the financing of terrorism or other criminal activities.

3.2. Where FICA or its associated regulations and instruments specify such procedures and/or restrictions then Firstbet will operate in accordance with such procedures and/or restrictions. Where FICA does not specify such procedures and/or restrictions, then Firstbet shall implement its own procedures and/or restrictions (subject always to any applicable legislation), so as to promote good corporate governance and socially responsible betting practices. For further information on FICA please log on to www.fic.gov.za.

3.3. Where a customer in the retail environment –
(i) places an amount of R5,000 or more on a single bet, or
(ii) claims winnings in the amount of R5,000 or more, Firstbet will be required under FICA to establish and verify the identity of that client before the transaction can be processed.

3.4. In the online environment, Firstbet is required by FICA first to establish and verify the identity of all Customers before it may lawfully create a betting account for any such Customer. In such cases, as part of the account registration process, prospective account holders will be required to disclose the following personal and related particulars:
(i) Full names;
(ii) SA Identity Number or Passport Number;
(iii) Residential Address;
(iv) E-mail Address;
(v) Mobile and/or landline telephone number(s), and
(vi) the source of the funds to be used for the purposes of the betting account.

3.5. No betting account will be created unless the identity of the Customer who applied for same has been conclusively established and verified by Firstbet.

3.6. The following procedures will be followed by Firstbet in relation to a Customer in respect of whom proof of identification and residential address is required:
(i) Where a Customer presents his or her identification document (ID or passport) in person, Firstbet shall make a photocopy of such document on the licensed premises, and verify that same is a true copy of the original, which shall be filed and retained for record purposes.
(ii) Where an identification document is transmitted to Firstbet via facsimile transmission or by normal or electronic mail, such documents will be required to be current (unexpired in the case of passports) and certified as true copies of the original.
(iii) A driver’s licence may be accepted as proof of identification, provided that:
(a) The Customer is unable to produce an Identity Document for reasons which are acceptable to Firstbet in the circumstances;
(b) The driver’s licence is valid/current (has not expired), and
(c) The driver’s licence reflects, on the face thereof –

  • A photograph of the bearer;
  • The full names or initials and surname of the bearer;
  • The date of birth of the bearer, and
  • The Identity Number of the bearer.
    (iv) Utility bills and similar documents submitted as proof of residential address shall be dated no earlier than three (3) months prior to the date of submission to Firstbet thereof.

3.7. Firstbet is required to report single cash transactions above R24,999 to the Financial Intelligence Centre (“FIC”).

3.8. Firstbet is further obliged to make reports to the FIC in the event of –
(i) Suspicious or unusual transactions, and
(ii) Transactions entered into by persons suspected of intending to commit or of having committed any offence contemplated in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

3.9. Firstbet reserves the right to suspend any account that has not met FICA requirements.

3.10. Firstbet may at any time request a Customer to produce a hard or soft copy his/her Identity document or smart card, passport and/or proof of residential address.


4. EVENTS AND CONTINGENCIES ON WHICH BETTING IS OFFERED

4.1. Firstbet shall, in its sole discretion, determine the markets, events or contingencies on which betting shall be offered by it; provided that –
(i) Multiple bets are not accepted where the outcome of one part of the bet contributes towards the outcome of another. If the customer inadvertently or deliberately backs a related contingency in a multiple bet, the bet will be voided and the stake returned;
(ii) Any multiple stake made up of more than one selection from the same event will be deemed to be a related contingency, e.g. Stormers to win the semi-final onto Stormers to win the Tournament, and
(iii) Any multiples involving the same team or its players or the same selection will be deemed to be a related contingency e.g. Faf de Klerk to be Man of the Match and South Africa to win the match.

4.2. Firstbet may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.

4.3. Firstbet may determine minimum or maximum amounts that a Customer may win or lose in respect of a bet (“stop wins” and “stop losses”), whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.

4.4. Firstbet may, in its sole discretion, from time to time offer the opportunity to Customers to place bets during the course of a certain event (“bets in-running”), provided that –
(i) Firstbet may not accept bets in-running in respect of an event that forms part of a series of events over a period of time, and
(ii) if the relevant event is not televised, no bets in-running shall be offered.

4.5. The nature and extent of any spreads offered by Firstbet shall be determined from time to time at the sole discretion of Firstbet and it shall be the responsibility of the Customer to enquire, before placing a bet, what the ruling spread is.


5. PROCEDURE FOR PLACING BETS

5.1. The Customer shall place his/her bets via the internet, or if using the mobile betting platform, per telephone via the telephone number furnished by Firstbet from time to time or through such other electronic media as may be made available by Firstbet.

5.2. Irrespective of the origin or physical location of any telephone call or electronic signal pursuant to which bets are struck, any betting transaction between Firstbet and the Customer shall be valid only once such bet has been accepted by an employee of Firstbet situated at a licensed premises operated by Firstbet, or electronically by a software programme operated from any such premises. Any such bet will be deemed to have been placed at such licensed premises.

5.3. Firstbet may in its sole discretion elect whether to accept or to reject a bet requested, or any component thereof.

5.4. The Customer authorizes and consents to each telephone conversation or electronic communication relating to any bet placed being recorded by Firstbet in such manner as Firstbet deems fit and to retain such recording as long as Firstbet deems necessary. The Customer acknowledges that Firstbet is required to keep such recordings by law and that such recordings may be used by Firstbet for the investigation and resolution of disputes which may arise between itself and the Customer or for any other lawful purpose.

5.5. The Customer shall bear the responsibility of ensuring that the bet is accurately placed and recorded by Firstbet. Firstbet shall furnish such confirmation of a bet to the Customer as may be required by law or reasonably requested by the Customer.

5.6. Firstbet shall accept bets during normal South African business hours and at such other times as Firstbet may deem fit.

5.7. The Customer shall be responsible for ensuring that he/she has full knowledge of the rules applicable to the market within which the Customer proposes to place a bet.

5.8. The placement of a bet signifies the Customer’s acceptance of the Rules published by Firstbet in respect thereof and of these Terms.

5.9. While Firstbet will endeavour to ensure complete accuracy in relation to the announcement, publication and issue of prices, off-times (starting times of events) and results, it does not accept responsibility for any errors which may arise in this regard and reserves the right to correct any such errors in such manner as it may determine in its sole discretion. The Customer indemnifies and holds Firstbet harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.

5.10. Any bet alleged to have been placed in respect of which the details are not –
(i) recorded on or reflected by Firstbet betting terminals or wagering software, or (ii) confirmed by voice recording devices,

will not be recognized by Firstbet.

5.11. The time of acceptance of a bet shall be the time at which such bet was recorded on Firstbet betting terminals and/or wagering software.

5.12. Any bet accepted after the “off” or starting time of the event on which such bet is struck (other than bets in-running) shall be null and void and of no force or effect. Any bets taken on results already known at the time of the placement of such bets will be voided/cancelled by Firstbet.

5.13. Additional or new markets may be made available by Firstbet from time to time. It is the responsibility of the Customer to read and to accept the "Market Rules" applicable to such market before placing any bets.


6. PAYMENT BY THE CUSTOMER

6.1. In the account application form, the Customer shall indicate that the Customer wishes to bet against –
(i) a cash deposit placed with Firstbet by the Customer from time to time by way of an electronic funds transfer evidenced by a bank generated facsimile transmission or e-mail confirming the amount paid and reflecting the Customer’s account number;
(ii) a cash deposit physically effected by the Customer directly into the banking account of Firstbet, which in all cases must be evidenced by proof of transfer with the customer’s reference to Firstbet per e-mail to accounts@firstbet.co.za, or
(iii) an amount of cash to be drawn by Firstbet as a deposit from the Customer’s credit card account.

6.2. The banking details of Firstbet are as follows:

Name of Account Holder: Banzostar (Pty) Ltd
Bank: First National Bank
Branch Name: Constantia
Branch Code: 250148
Account Number: 62619964209

6.3. The Customer acknowledges that the deposit referred to in Clause 6.1 will be held and applied as security for the discharge by the Customer of any amount which may become owing by the Customer to Firstbet.

6.4. The Customer shall under no circumstances place a bet or attempt to place any bet the amount of which, calculated together with any other bets then outstanding, exceeds the Customer’s credit balance with Firstbet, or the net amount on deposit with Firstbet (after all adjustments in respect of taxes, winnings and losses up to the time of placing of the bet). It shall be the Customer’s responsibility before placing a bet to determine whether his/her credit balance or cash deposit, as the case may be, will be exceeded by placing a bet.

6.5. If, owing to a system malfunction or for any other reason, Firstbet accepts a bet referred to in Clause 6.4, it shall be entitled at its election either prior to, during or after the outcome of the event or contingency upon which the bet was placed, to honour the bet or to refund the Customer’s stake in respect of the bet without regard to any winnings thereon. Alternatively, Firstbet may restrict the size of any stake without notification to the Customer, to ensure that the credit limit or deposit, as the case may be, is not exceeded.

6.6. Acceptance by Firstbet of a bet over the credit or deposit limit, as the case may be, shall not constitute a waiver of its rights –

(i) to collect from the Customer all amounts (including losses) arising from such bet, or
(ii) to enforce the appropriate deposit limits at any later time.

6.7. Firstbet shall debit the Customer’s betting account in respect of bets accepted by Firstbet on an ongoing basis.

6.8. Credit card deposits may only be made by the cardholder whose name is displayed on the credit card, which must match the name in which the Firstbet betting account is held.

6.9. The Customer shall be entitled to replenish any cash deposit referred to in Clause 6.1(i) at any time.


7. PAYMENT TO THE CUSTOMER

7.1. Firstbet shall credit the Customer’s account in respect of winnings and refunds accruing to the Customer in consequence of bets placed on an ongoing basis.

7.2. No interest shall accrue on any deposits held by Firstbet.

7.3. In the event that funds are incorrectly credited to a Customer’s account, it shall be incumbent on the customer to notify Firstbet of the aforesaid error without delay. Unless otherwise notified by Firstbet, any betting transactions concluded by the Customer subsequent to the error shall be void.


8. RECOVERY OF AMOUNTS DUE TO FIRSTBET

8.1. In the event of a debit balance in the Customer’s account owing to the acceptance of a bet in excess of the credit or deposit limit, the Customer shall, within three (3) business days of a written demand by Firstbet for payment of same, pay to Firstbet such amount either –
(i) by depositing the relevant amount directly into the banking account of Firstbet, in which event –
a. the Customer’s account number with Firstbet must be entered onto the base of the deposit slip; and
b. a copy of the deposit slip must be forwarded to Firstbet by the Customer, or
(ii) by furnishing Firstbet with written authorisation, in such format as Firstbet shall require, for the recovery by Firstbet of the relevant amount from the Customer’s credit card company.

8.2. Firstbet shall not –
(i) under any circumstances whatsoever be liable to the Customer if the Customer’s credit card company refuses to honour any claim lodged by Firstbet against the Customer’s credit card. No dispute of whatever nature between a Customer and the credit card company shall exempt the Customer from his liability to Firstbet in respect of payment and the Customer shall not be entitled to instruct Firstbet to reverse a payment instruction that has already been made to the Customer’s credit card company;
(ii) be responsible for –
a. any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of Firstbet, or
b. any damages, loss or expense which the Customer may suffer as a result thereof, and
(iii) be liable for any loss or damage suffered by the Customer as a result of the unauthorized access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.

8.3. Firstbet shall be entitled to recover amounts from the Customers in any of the following circumstances, (but without limitation to same):
(i) if there is a debit balance in the Customer’s Account owing to the erroneous acceptance of a bet in excess of limit reflected in the Customer’s Account;
(ii) if Firstbet has in error credited a Customer’s Account through incorrect bet settlement and the Customer has spent all or part of the incorrectly credited amount;
(iii) if Firstbet has incorrectly allocated funds to a Customer’s Account and the Customer has spent all or part of the incorrectly allocated amount; or
(iv) if the Customer has placed a bet in contravention of these Terms, and such bet is subsequently adjusted so that the Customer has spent all or part of the adjusted balance, resulting in a negative Account balance.

8.4. Firstbet may at its own discretion from time to time determine the manner in which payments by the Customer to Firstbet shall be appropriated in respect of amounts owing by the Customer to Firstbet.

8.5. Should any bets be placed with monies mistakenly credited to a Customer’s account, Firstbet reserves the right to void such bets and cannot be held liable for any losses sustained by the Customer in consequence thereof.

8.6. Notwithstanding anything to the contrary herein contained, Firstbet shall be entitled to set-off any amount(s) due to Firstbet by the Customer against any funds standing to the credit of the Customer’s betting account or to realize any security held by Firstbet and to use the proceeds towards payment of any amount due and payable by the Customer to Firstbet.


9. WITHDRAWAL

9.1. The Customer shall be entitled to request the withdrawal of funds standing to the credit of his/her Firstbet betting account; provided that the minimum amount which can be withdrawn at any time shall be R50 (Fifty Rands) or such higher amount as Firstbet may determine from time to time, and the transfer thereof into a chequing, savings or credit card account nominated by him/her for this purpose, by completing a Request for Electronic Transfer of Funds Form, available on the website of Firstbet and submitting same to Firstbet in such manner and format as Firstbet may determine and shall publish on its website from time to time.

9.2. The Customer shall be solely responsible for ensuring the accuracy of the information supplied in any Request for Electronic Transfer of Funds Form and, by his/her signature of such Form, shall warrant the accuracy thereof. Firstbet shall accept no liability for the payment of any amount requested into any banking account based in whole or in part on incorrect information provided by the Customer.

9.3. On receipt of a fully completed Request for Electronic Transfer of Funds Form, Firstbet shall –

(i) perform such investigation as may be required to confirm that the amount requested by the Customer, after effecting all deductions or adjustments which may be required, is available to be transferred from the Customer’s Firstbet betting account to the banking account nominated by the Customer for this purpose;
(ii) if the requested amount is not available in the Customer’s Firstbet betting account, inform the Customer in such manner as Firstbet may deem fit, that the request has been declined;
(iii) in the event that the requested amount is available in the Customer’s Firstbet betting account, effect, within 24 hours of confirming the availability of the amount, the electronic transfer of the requested amount from the Firstbet account of the Customer to the account nominated by the Customer; provided that, for the purposes of this Clause, Firstbet shall be deemed to have fully complied with its obligation to effect such transfer at the time of giving the instruction to its bankers to effect such transfer and the 24-hour period contemplated in this Clause shall not include such further period as may elapse before the requested amount is deposited into the banking account nominated by the Customer for this purpose, and
(iv) immediately reduce the balance standing to the credit of the Firstbet beting account of the Customer by the amount so transferred.

9.4. Amounts withdrawn shall be paid only into a South African-based banking account in the name of the Customer.

9.5. Any withdrawal requested by a Customer may be withheld by Firstbet pending payment by the Customer to Firstbet of all monies owing to it by the Customer.

9.6. Firstbet will process withdrawal requests on the business day following the date of the withdrawal request, i.e. all requests made before midnight on a Monday will be processed on Tuesday of the same week, and any withdrawal requests made between Friday and midnight on the Sunday of the same week will be processed on the next succeeding Monday.

9.7. Any amount transferred into the Customer’s banking account by Firstbet pursuant to this Clause may be subject to a clearance period before becoming available to the Customer.


10. ADJUSTMENTS

10.1. Firstbet may at any time adjust or cancel the Customer’s credit limit.

10.2. Notwithstanding anything to the contrary herein contained, Firstbet shall be entitled to set-off any amount(s) due by the Customer against any funds standing to the credit of any of the customer’s accounts with Firstbet or to realize any security held by Firstbet and to use the proceeds towards payment of any amount due by the Customer to Firstbet.


11. PROOF OF INDEBTEDNESS

11.1. For all purposes of these Terms, a certificate signed by any director, manager, assistant manager, trader or accountant of Firstbet (whose appointment need not be proved) stating the amount of the Customer’s indebtedness to Firstbet, shall be prima facie proof of such indebtedness.


12. TAXES AND LEVIES

12.1. All winning bets in respect of horseracing only are subject to taxes and levies imposed by the provincial government (currently collectively 6%). Taxes and Levies shall be retained by Firstbet and paid over on behalf of the player.


13. TERMINATION

13.1. Firstbet shall have the right prior to accepting any bet, temporarily to suspend or permanently to terminate, the furnishing of betting services to a Customer without providing any reason. Upon such suspension or termination –

(i) Firstbet shall upon the demand of the Customer, refund to the Customer the balance of any monies held by Firstbet on deposit for the Customer, after adjusting for losses, winnings and taxes and once such funds have been cleared into Firstbet’s banking account;
(ii) any amounts owing by the Customer to Firstbet shall become payable immediately.

13.2. The Customer shall upon written notice to Firstbet be entitled to terminate its contractual relationship with Firstbet at any time after final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to Firstbet. Firstbet shall within a reasonable time after such termination, refund to the Customer the balance of any monies held by Firstbet on deposit for the Customer, after adjusting for losses, winnings and taxes.

13.3. Firstbet shall accept no further bets from a Customer in respect whom the provision of services pursuant to these Terms has been terminated, unless and until a fresh account application form has been submitted by the Customer and accepted by Firstbet.


14. BREACH

14.1. Should the Customer breach any of these Terms and fail to remedy such breach within 48 hours after receipt of written notice by Firstbet requiring the Customer to do so, Firstbet shall be entitled, without prejudice to any other rights it may have at law, forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer. In such event –
(i) all amounts owing by the Customer to Firstbet shall become payable immediately; and
(ii) Firstbet shall have a lien and right of retention over all monies of the Customer on deposit with Firstbet, pending settlement of such damages as may have been suffered by Firstbet.

14.2. Notwithstanding the generality of the aforegoing, the Customer shall be deemed to be in default if –
(i) the Customer dies;
(ii) the Customer commits any act of insolvency;
(iii) the estate of the Customer is sequestrated;
(iv) the Customer endeavours to compromise generally with his/her creditors;
(v) the Customer’s name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.

14.3. The Customer shall be liable for any legal expenses (including legal expenses on a client-attorney scale, collection charges and tracing fees) as well as any amount governmental tax including but not limited to value-added tax, which Firstbet may incur in recovering any amounts owing in respect of the Customer’s account or a result of the Customer’s breach of any of the Terms or the enforcement by Firstbet of any of its rights against the Customer.


15. RESTRICTIONS ON BETTING

15.1. No directors, employees, partners or affiliates of Firstbet are permitted to place any bets or hold a betting account with Firstbet.

15.2. No person who in any manner participates in an event on which betting is offered by Firstbet may place a bet on any such event with Firstbet.

15.3. Any bets placed and/or erroneously accepted in contravention of Clauses 15.1 or 15.2 shall be declared void and cancelled.

15.4. "Syndicate Betting" is strictly prohibited by Firstbet. Syndicate Betting refers to a situation in which a group of persons acts together for the purposes of placing a bet or series of bets on the same event or market. Firstbet reserves the right to void all bets in relation to such Syndicate Betting and to withhold payment of winnings, pending the outcome of temporarily or permanently, pending the conduct of (and contingent upon the outcome of) an investigation.


16. VOID BETS

16.1. Firstbet reserves the right to declare any bet wholly or partially void, if any such bet-
(i) has been offered, placed or accepted as the result of an error;
(ii) has been accepted in circumstances in which such bet would not ordinarily have been accepted, e.g. owing to technical problems occurring in relation to the operation of Firstbet’s website;
(iii) has been placed in consequence of Syndicate Betting;
(iv) has been struck in relation to an event of which the result was unlawfully determined or influenced by unlawful conduct;
(vi) has been struck in relation to an event in respect of which a subsequent announcement has been made which significantly alters the prevailing odds in respect of such bet, or
(vii) any other state of affairs beyond the control of Firstbet has arisen subsequent to the placement and acceptance of such bet, which materially affects the conduct of the event on which it was struck or the prevailing odds available in respect thereof, including acts of God, a national, provincial or global state of emergency, an epidemic or pandemic, or any other similar phenomenon.

16.2. Firstbet may void a bet at any stage, irrespective of whether the event in respect of which such bet was struck has been settled or not.

16.3. If a bet is voided, the amount staked shall be returned to the Customer.

16.4. In the case of a scratched selection in a single bet, the bet shall be void, except where the bet was an ante-post bet.

16.5. In the case of an invalid selection and subsequent scratching in a multiple or combination bet, the selection shall be ignored, and the stake shall run onto the other selection in the bet at the price indicated on the ticket issued. These calculations are to be done at “Full Accumulative Multiple” odds.

16.6. Firstbet reserves the right to withhold payment and/or to declare bets void on an event (or series of events), if there is sufficient evidence that –
(i) The integrity of the event has been called into question;
(ii) The price(s) or pool have been manipulated, or
(iii) Match-rigging or fixing has taken place, or the event is under investigation as the result of an allegation to that effect.


17. BETTING AND PAYOUT LIMITS:

17.1. Firstbet reserves the right to limit the net payout on any bet or combination of bets by one Customer. This limit may be lower depending on the specific sport, league and type of bet offer.

17.2. The maximum total payout limit per Customer per day is R250,000 (Two hundred and fifty thousand Rands). For avoidance of doubt, this means that no Customer may be paid out more than a total of R250,000 (Two hundred and fifty thousand Rands) in respect of any number or combination of winning betting tickets –
(i) purchased by that Customer on a single day, and/or
(ii) bearing the same date of issue, and the same principle applies in respect of any other limit set in the remainder of this Clause 17.

17.3. The following daily payout limits per Customer apply to horse racing:
(i) Pick 6: R250,000;
(ii) Accumulator: R150,000;
(iii) Jackpot: R150,000;
(iv) Pick 3: R40,000;
(v) Quartet: R40,000;
(vi) Trifecta: R40,000;
(vii) Exacta: R40,000;
(viii) Swinger: R40,000;
(ix) Bipot: R40,000, and
(x) The fixed odds betting daily payout limit is R50,000 (Fifty thousand Rands) per Customer.

17.4. The following daily payout limits per Customer apply in respect of Lucky Numbers:
(i) Single Number: R50,000;
(ii) Two Numbers: R100,000;
(iii) Three numbers: R250,000;
(iv) Four numbers: R 500,000;
(iv) Five numbers: R500,000, and

(v) Five numbers multi-draw: R500,000.

17.5. In relation to winning bets on horseracing, the limits shall apply, and payment shall be effected, in proportion to the amount staked, with the base amount being R1 per bet. For avoidance of doubt, this means that if the Customer wagers a fractional bet of –
(i) 30c (thirty cents) on a Trifecta which pays a dividend of R39,000 (thirty-nine thousand Rands) (per R1 wagered), the Customer will be paid R11,700 (being 30% of the Firstbet limit of R40,000), or
(ii) 50c (fifty cents) on Jackpot which pays a dividend of R140,000 (One hundred and forty thousand Rands) (per R1 wagered), the Customer will be paid R70,000 (being 50% of the Firstbet limit of R140,000).

17.6. In relation to winning bets on horseracing, no payout shall be greater than the dividend declared by SAFTote, and each such payout shall be subject to the prevailing Firstbet limit where the dividend declared by SAFTote exceeds the Firstbet limit.

17.7. All dividends declared by SAFTote in respect of horseracing are based on a bet of R1,00. Where a Customer has bet a fractional amount (less than R1) on the same bet type with Firstbet, the amount payable will be adjusted proportionally, e.g. where SAFTote has declared a dividend of R100 in respect of a Trifecta, but the Customer has wagered 70c (seventy cents) on the same winning Trifecta, the Customer will be paid R70 (i.e. the R100 dividend x 70%).

17.8. The limits set by Firstbet in respect of certain events in the retail environment may differ from those set by Firstbet in respect of the same event in the online environment. It shall at all times be the responsibility of the Customer to ensure that he/she is aware of, fully understands and accepts the prevailing limits in any particular market.


18. ERROR

18.1. Firstbet reserves the right, in its sole discretion, to adjust, limit, cancel and/or reject any bet found to have been accepted in error.

18.2. If an official correction is made in respect of any price on any event that had previously been incorrectly transmitted, all bets struck at that original price shall be settled at the corrected price.

18.3. Should any odds in respect of a bet or event have been misstated –
(i) as a result of a system or computer malfunction, or
(ii) in consequence of any other error, in circumstances where it is clear that the odds so stated have been skewed, when compared with the odds prevailing int the greater market, the bet or event will be deemed to have taken place on the correct price/s which were available in the general market at the time the bet was struck.


19. LIMITATION OF LIABILITY

19.1. The liability of Firstbet to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of the negligence of Firstbet or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited –
(i) in the event of damages relating to a bet, to the amount staked by the Customer in respect of such bet; or
(ii) in respect of the account of the Customer with Firstbet, to the credit balance of such account at the time during which the damages are alleged to have occurred, after full adjustment for winnings, losses and taxes.

19.2. To the fullest extent provided by law and notwithstanding any other provisions in these Terms, Firstbet shall under no circumstances whatsoever be liable for any loss of profits, winnings or potential profits or winnings or any indirect or consequential damages sustained by the Customer, whether or not caused by the negligence of Firstbet, its agents or employees.

19.3. Insofar as any of the obligations of Firstbet under these Terms are carried out by any its servants, agents, sub-contractors, associates or subsidiaries, the provisions of Clauses 19.1 and 19.2 shall apply mutatis mutandis and each of them shall be exempted accordingly.

19.4. First shall not be liable if the Customer is unable to place a bet due to congestion or interference on the telephone lines, telephone system, telephone exchange, or any other electronic communication media used for the purposes of betting.

19.5. Any acts of God, war, strike, lock-out or other labour dispute, fire, flood, explosion, the enactment, amendment or repeal of legislation, failure of electricity or any other supplies, failure of telecommunications, failure, theft or default of any computer hardware or software or any other equipment or any other similar or different cause beyond the reasonable control of Firstbet leading to the cessation and/or restriction of the operations of Firstbet, shall entitle Firstbet to postpone its obligations to the Customer in whole or in part, and in such event Firstbet shall not be responsible for any damages of any nature suffered by the Customer, whether directly or indirectly, as a result thereof and the Customer shall not be entitled to terminate its contractual relationship with Firstbet as a result of any such occurrence.

19.6. You agree that you make use of Firstbet services at your own risk and assume all responsibility for your use of the services. Except where expressly provided otherwise, the website, all content provided on or through the Firstbet website, and Firstbet services are provided “as is”.

19.7. Firstbet shall not be responsible for –
(i) Any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of Firstbet;
(ii) Any damages, loss or expense which the Customer may suffer as a result thereof, and
(iii) any loss or damage suffered by the Customer as a result of the unauthorized access to any data or as a result of incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.

19.8. The Customer specifically indemnifies Firstbet, its employees, officers, directors and any and all associated or affiliated persons or organisations against any and all costs, expenses, liabilities and damages arising from any legal or other action either taken arising from any and all interactions with Firstbet and/or its employees, officers, directors and any and all associated or affiliated persons or organisations. Such legal or other action shall include (but not be limited to) any legal or similar action that arises or may be taken in relation to the alleged unlawfulness of interactive and/or online gambling or gaming within any jurisdiction in which the Customer is located.


20. DISCLOSURE OF INFORMTION AND PRIVACY

20.1. The Customer consents to checks being made against appropriate third-party databases to verify identity, personal details or credit card information, and any other information supplied by the Customer in respect of which Firstbet deems it necessary to procure independent verification. The parties with which Firstbet contracts for the verification of information may keep records of all data requests and data submitted to them by Firstbet.

20.2. The Customer acknowledges that Firstbet may be legally required to, and in such cases shall, disclose to any governmental bodies or regulatory agencies, information pertaining to the identity and personal particulars of the Customer, betting account of the Customer and the activity on such account.


21. DISPUTES

21.1. In the event that a dispute arises between a Customer and Firstbet in relation to the liability of Firstbet to pay alleged winnings to the Customer, and that dispute cannot be resolved between the parties, the dispute may be referred to the Western Cape Gambling and Racing Board (“the Board”) for resolution.

21.2. Firstbet will inform the Customer that the dispute will be referred to the Board, and shall refer such dispute to the Board within forty-eight (48) hours of having so informed the Customer.

21.3. The Customer may however, of his or her own volition, refer a patron dispute to the Board for resolution.

21.4. The Board shall conduct an investigation into the matter and shall thereafter resolve the dispute and communicate the outcome to the parties.

21.5. If either Firstbet or the Customer is not satisfied with the resolution of the Board, such party may file a petition with the Board to hold a hearing to reconsider the resolution.

21.6. If either Firstbet or the Customer is not satisfied with the resolution of the Board, such party may file a petition with the Board to hold a hearing to reconsider the resolution.

21.7. The Board shall hold such a hearing and shall determine whether the original resolution of the dispute should be confirmed, set aside or amended in any way.

21.8. The option to refer a dispute to the Board for resolution shall in no way supersede or supplant any party’s right to have a dispute adjudicated upon by a court of competent jurisdiction.

21.9. The parties hereby consent to the jurisdiction of the Magistrate’s Court in terms of Section 45 of the Magistrate’s Court Act of 1994 (or any similar act replacing the act) for the purposes of any proceedings in terms of or incidental to this Agreement, provided that any parties, at its option, shall have the right to institute proceedings in any division of the High court having jurisdiction and any costs incurred by the successful party to such proceedings shall be faxed accordingly to the tariff scale applicable to the High Court.


22. GENERAL TERMS & CONDITIONS

22.1. The residential address furnished by the Customer on the account application form shall serve as his/her domicilium citandi et executandi for all purposes in respect of these Terms.

22.2. The physical address reflected in respect of Firstbet on its website, as amended from time to time, shall serve as its domicilium citandi et executandi for all purposes in respect of these Terms.

22.3. The Customer shall have the right to change its domicile by giving one week’s prior written notice to Firstbet of its change of address.

22.4. Any notice given in terms of Clause 22.3 which:
(i) is delivered by hand to an officer or manager of the Firstbet during the normal business hours of the addressee at its domicilium citandi et executandi, shall be deemed to have been received by Firstbet at the time of delivery; or
(ii) is posted by pre-paid registered post to Firstbet at its domicilium citandi et executandi, shall be deemed to have been received by on the seventh day after the date of posting; or
(iii) is transmitted by telefax or e-mail to Firstbet at its domicilium citandi et executandi, shall be deemed to have been received on the date reflected on the facsimile or e-mail transmission confirmation generated by the addressor’s facsimile machine or e-mail server.

22.5. Firstbet may at any time amend, replace or delete any of the Terms contained herein and shall ensure that current Terms are available on its website. It shall be the responsibility of the Customer to ensure that he/she is familiar with the prevailing Terms in force from time to time and the availability thereof on the website of Firstbet shall constitute sufficient notice thereof to the Customer and shall bind the Customer as if it expressly agreed to be bound thereby.

22.6. Any relaxation or concession or extension granted by Firstbet to the Customer shall not be and shall not be deemed to be a novation or waiver of any of Firstbet’s rights as set forth in these Terms.

22.7. Firstbet is entitled to supply, request or acquire any relevant credit, account-related or other information pertaining to the Customer and his account with Firstbet to or from – (i) a credit bureau;
(ii) any bank or regulatory agency, or (i) any other person or entity, should Firstbet deem it necessary to supply, request or acquire said information for verification or other purposes, and the Customer shall have no right of recourse against Firstbet by reason thereof.

22.8. The Terms set forth herein constitute the whole agreement between Firstbet and the Customer and no agreements, representations or warranties, other than those set out herein, shall be of any force or effect.

22.9. No addition to, variation, consensual cancellation or novation of any of the terms set forth herein and no express or implied waiver of any of the rights arising therefrom shall be of any force and effect unless reduced to writing and signed by Firstbet and the Customer or their duly authorised representatives.

22.10. Any promissory note, bill of exchange, or other negotiable instrument received by Firstbet from the Customer shall not be a novation of the debt in respect which it is given and the Customer waives any remedies provided for by law in respect thereof.

22.11. The resulting of any match will be decided with reference to the official match results of the league or tournament in question. Should such results be changed for any reason, the updated result will be recognised for the purposes of payment.

22.12. Should a Customer deposit funds by means of a credit card or cheque card, the Customer shall be required to send Firstbet a copy of the front of the card against which such deposit has been made. Failure by the Customer to do this will result in failed withdrawal requests.

22.13. Any bet placed by the Customer shall be governed by the applicable provisions of the Western Cape Gambling and Racing Act, 1996 and any Regulations and Rules made in terms thereof, as amended from time to time. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.

22.14. The Customer undertakes to ensure strict adherence to any policy, guideline or directive issued by the Western Cape Gambling and Racing Board relating to the Customer or to betting generally.

22.15. These Terms and the contractual relationship between the Customer and Firstbet shall be governed by the laws of the Republic of South Africa.

22.17. If the Customer places of a bet from a location falling outside the South African Monetary Area, such bet shall be subject to all appropriate exchange control regulations and the laws of the foreign jurisdiction from which such communication originates and it shall be the responsibility of the Customer to ensure full compliance with same. Firstbet makes no warranties and shall not be liable to the Customer if it is not able to remit any monies held by it to any account held by the Customer in a foreign jurisdiction.

22.18. Although every effort is made to ensure that the information displayed on our website regarding any event is accurate and complete, such information should be used as a guide only. In the event that any information regarding an event (e.g. score, starting time of event etc.) is incorrect, we assume no liability for this. The official site for the sport in question should be referred to in the event of any dispute in this regard.