Privacy Policy

Privacy Policyl

1. General 1.1. SMARTAPP GAMING LTD (herein after referred to as the “the Company”) is a company registered under registration number PVT-DLUP7ZKR.

Under the laws of Kenya.

And SMARTAPP (herein after referred to as “the trading name owned by the company

1.2. SMARTAPP GAMING LTD Its an entertainment app that involves trivia Contest where we reward participants.

1.3. This agreement establishes the Terms and Conditions that will govern the contractual relationship between the Company and you as a Registering /Participating Player with the company. The Terms shall apply to CONTEST via all media/electronic platforms including but not limited to mobile devices, computers and laptops. You are required to accept these Terms and Conditions when registering for an account with the Company and you are bound by these Terms and Conditions throughout the existence of the relationship. The company reserves the right to decline your registration/ participation without being bound to provide any reasons whatsoever at any time.

1.4. These Terms and Conditions are categorized for ease of reference and understanding. It is important that you make yourself aware of these Terms and Conditions as a participating player. Reference to “you”, “your”, the “player”, “customers”, or “contestant” is reference to any person using the Company gaming application or the services and/ or any registered customer of the Company thereof. Reference to “the Company”, “us”, “Our” “we” is reference to SmartApp Gaming Ltd

1.5. SMARTAPP GAMING LTD . may change these Rules, the relevant Game Procedures, and ANY CONTEST Specific Rules applicable to the CONTEST played via Mobile Money at any time. These changes will be effective immediately from the date of their publication on the Site or Application (or any earlier time SMARTAPP GAMING LTD states), or on notification to You that the changes have taken place (whichever takes place sooner) and will apply to contests played after the date on which the changes become effective, and/or Entries bought before that date if reasonable in the circumstances. Notification can be by email, Account notification, post, or any other form of communication reasonably considered and decided by SMARTAPP GAMING LTD, You agree that You will be bound by the changes when You next play a contest Played via Mobile Money, when you next access Your Account, when you claim a Prize after the changes have become effective, or (where relevant) when You expressly accept the changes, whichever takes place first.

1.6. If any provision (or part of a provision) or rule mentioned above is decided by a court of the Laws of the Republic of Kenya to be void and/or unenforceable, that decision will only affect the particular provision (or part of the provision) and will not, in itself, make any other provisions void or unenforceable.

1.7. You may not assign or otherwise transfer (in whole or in part) Your rights and/or obligations under these Rules. Any breach of this Rule may result in the use of Your Account (including the Provision of the contest Played via Mobile Money and/or access to the Site) being terminated immediately by SMARTAPP GAMING LTD Company may assign or otherwise transfer its rights and/or obligations under these Rules in whole or in part to any third party at its sole discretion.

1.8. You agree that when You contact the Customer Care Team, You will supply any contest Related Information required by SMARTAPP GAMING LTD

1.9. Privacy: 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.

1.10. The Company will not disclose your personal information to third parties unless such disclosure: (a) is required for the processing of your requests; (b) is a duty and/or legal obligation of the company; (c) is required to enforce/ apply the Terms and Conditions and other agreements; (d) 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.

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1.11 Force Majeure: The Company is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and 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 1.12 Jurisdiction: The contractual relationship between you and the Company is governed by these Terms and Conditions and by the relevant and applicable Laws of Kenya. Kenya being 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. 2. SMARTAPP events TYPES The SMARTAPP GAMING LTD has three categories, which a player can participate in depending on their preference. 2.1 The Main and daily Events 2.1.1 In this categories , users as to be a member that pays membership of 100kshs through the company APP for a chance to answer 10questions in each level. In this category, fast and correctly. NOTE: Points are earned from the number of correct questions answered. 2.1.3 also contains five questions, which the contestants are required to answer. Main event will be available on weekends Daily events will be available at least once a day, in the evening hours 2.2 Questions randomly by the system. The winner takes home the top prize. 3. RULES TO ENTRY 3.1 You must have a Kenyan mobile money account registered to your account and have a valid form of identification information that was associated with the Kenyan Mobile Money Account. 3.2 Each membership account must be bought for its full prize unless such is a complimentary entries distributed by the company . In a promotion or by way of prizes for SmartApp 3.3 membership tickets can only be bought through website http://www.smartapp-gaming.com/ ) or smarta App which can be downloaded through the link,SmartApp-Gaming.com 3.4 If membership is bought after the designated draw deadline ( as outlined on our website and the Top10Trivia App) the ticket is automatically entered into the next scheduled draw. This includes participant joining a contest late due poor network, computer system failure or any unforeseen technical difficulties. 3.5 Your membership ticket is only valid if it is recorded on the SmartApp Gaming Ltd. System. 3.6 in an event that a participant has bought a membership but was unable to play due to unforeseen technical difficulties, and our system is unable to process your deposit and issue a ticket at that time, upon tectification of the technical difficulties, SmartApp Gaming ltd. Will process your deposit and issue a gaming ticket for the next draw. 3.7 You can only join the contest and receive prizes in line with these rules. Rule: there is no general right for a person to join the contest, company Can refuse to allow anyone to join a contest and\or limit the number of times one can join a contest without giving a reason. 3.8 subject to the above rule, the following people cannot be participants of any game provided on the company’s website • Anyone under the age of 18 years, whether or not the person is joining the contest for themselves, b. directors and employees of the SMARTAPP GAMING LTD. c. specified employess of any SMARTAPP GAMING LTD. Contractors or sub-contractors, d. personal partners and persons who are to some extent maintained by anyone mentioned in 2.8 (b) and 2.8(c) or in either case if living in the same household as that person. e. Any person who has an account which has a status that prohibits them from participating in a contsest including persons whose accounts have been terminated or suspended, f. Any other person that the company decides and specify in any amendment which is made to these Rules or in any other appropriately published communication from time to time. 3.9 if a prize is paid to a person listed in Rule 2.8, that person will be required to repay the prize immediately. 4. ACCOUNT RULES 4.1 To apply for an account you must be of legal age (18 years) and register personal information. You must provide your age in the provided fields and confirm the same in the registration field. 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 number. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should Contact Us. All contests joined 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. 4.2 You agree to abide by these “Terms and Conditions” at all times, and: (a) Not to act in the interests of any third party; (b) Not to utilize money obtained from ill-gotten means; (c) Not to credit accounts with bank/credit card/s you are not authorized to use; (d) 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 or any other crime; (e) Not to adopt any criminal behavior against the Company, its affiliates, its customers or any third party; (f) 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 behavior or hiding one’s true location and/or age. 4.3 In the event that you breach one or more of the Account rules as mentioned in 3.1 and 3.2, 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 contests /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 products, guidelines and Rules shall remain at all times the property of the Company. 4.4 At all times during the subsistence of your subscription/ participation, 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. 4.5 You must submit the correct information during your registration. You agree to update this information should there be any changes to your registration data. 4.6 The Company will accept no liability from third parties whatsoever, resulting from your providing incorrect or false data. 4.7 Each customer must open only one account. Should we identify any customer with more than one account, we reserve the right to close these accounts. 4.8 If the Company detects multiple accounts which have been setup deliberately with misleading information, have displayed criminal behavior, 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 immediately. Note: The Company will however not be responsible for any loss or damage that you may suffer as a result of transaction made by that other person. All personal registration details and any other sensitive data should never be shared with third parties or sent to us in any unencrypted form. 4.9 The Company manages players’ accounts and calculates available funds, pending funds, contesting funds, any applicable tax, as well as the amount of the winnings. Unless proven otherwise, these amounts are considered as final and are not subject to challenge. 4.10 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. 4.11 The Company is not a financial institution and shall not be used as an intermediary to transfer funds, used or unused 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 contests must be supported by sufficient funds in the customer’s account. The Company reserves the right to void any contest which may have inadvertently been accepted when the account did not have sufficient funds. 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. 4.12 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. 4.13 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 your account is accessed and used by a third party without your prior consent, the Company is not liable for any consequences that may occur 4.14 Your Username must be your registered telephone (mobile) number. 4.15 Selling and/or transferring and/or, acquiring of accounts to/from other players, is prohibited. Any such action will lead to closure of the account and forfeiture of the funds in such 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. 4.16 A dormant account is an account that has not been accessed for 3 months, that has a legal registration with or without 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. 4.17 The Company reserves the right to terminate the relationship between the Company and any of its players at any time and the decision is purely at the discretion of the Company. The Company also Reserves the right to close or suspend your account at any time and for any reason. Without limiting the provisions of 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 (f) above may have occurred or are likely to occur. 4.18 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 there from 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 are payable to you (including any winnings or bonus payments). 4.19 In addition, the Company 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 “unauthorized” use of the services/products/ platforms including activities which are not for an authorized purpose. 4.20 Where it is proved that these Terms and Conditions have not been breached, any funds available in the account will be returned to the player should the relationship be terminated by the Company. At all times, any funds deposited by a subscriber /player, do not accrue any interest and as such any refunds made shall not incorporate any interest calculations. 4.21 The Company prohibits and takes measures to prohibit use of devices, such as robots, computers that distort normal and fair contest play. 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. 4.22 You will be liable for any mistakes Nce with the provisions of law. All taxes paid out or withheld (as the case may be) in accordance with the provisions of the law shall not be refundable by the Company. In the event that you are eligible for any refund, you may make a claim to the Kenya Revenue Authority. Taxes levied pursuant to the legislation prevailing at the NOTE: In the event of a cancellation made in accordance with these Terms and Material time Or as may be as accessed by the tax Priorities. These taxes will be paid out or Withheld at source (as the Case may be) in accordance to terms and Conditions, any charges levied may be reversible. Reversed charges will be credited to your account. 5. YOUR RESPONSIBILITIES 5.1 You are responsible for keeping safe and confidential any information required to claim a Prize for a particular contest (including, for example, the relevant ID Number and Your Identification Information). You acknowledge that if You are not able to provide sufficient Identification Information when claiming a Prize, You will not receive that Prize. 5.2 You are also responsible for: a. checking that Your Contest Ticket shows the correct contest and Draw dates; and • Claiming (where applicable) and checking You receive the full amount of any Prize You are entitled to. • If there are any taxes applicable to the Prizes, SmartApp Gaming ltd. Will deduct the Same at the prevailing rate and remit to the Tax collection Agency. These taxes will be deducted automatically from the prize. The current rate of Winnings Tax is 20% and this shall be calculated as the WINNINGS * 20%. Should any difference arise between the amount collected and the amount owed by the Player to KRA due to subsequent official interpretations of the relevant provisions of the Finance Act, the Betting Lotteries and Gaming Act (Cap 131), or any related statutory instrument, regulation, or official guideline, SmartApp Gaming Ltd. May refund any surplus amounts to player accounts. 6. PRIZE TERMS AND RULES 6.1 prizes will be paid to winning contestants through the Safaricom Mpesa number the contestant submitted during registration. 6.2 the company will not be liable for any errors that may occur from a contestant giving wrong details with relation to their Mpesa Number during registration. 7. CLAIMING A PRIZE 7.1 You can only claim a Prize if You are the holder of the account of the winning contestant. 7.2 Interactive contest Slips cannot be used as evidence of a contest or of the numbers selected for a event , or used otherwise to claim a Prize, nor can a purchase confirmation made available to You (or sent to You) by SMARTAPP GAMING LTD. Be used under any circumstances as evidence That You are entitled to a Prize. 7.3 Unless You follow the procedure set out in Rule 7.5, Prizes must be claimed before the end of the 30th day after the relevant Draw (the “Claim Period”) using one of the procedures Set out in Rule 7.4. Your entitlement to a Prize will be lost and the Prize will not be paid if that Prize is not claimed within the Claim Period, unless You follow the procedure set out in Rule 7.5. 7.4 If You are claiming a Prize within the Claim Period, you must make your claim using one of the following procedures: • Through Your Account by confirming payment should be made to You: You must do this before 11.00pm on the last day of the Claim Period; • By phoning the Customer Care Team: You must phone during the Customer Care Team’s normal opening hours which, at the time of writing these Rules, are 8.00am to 8.00pm Monday to Saturday and 9.00am to 5.00pm Sundays – reduced opening hours may apply over the Christmas and New Year Period. See the Site for current opening hours; • In person from SMARTAPP GAMING LTD. Offices. Company must receive sufficient information to prove You are the holder of the Account of the winning contestant, together with a completed Prize Claim Form or any other form requires You to complete (where required), at SMARTAPP GAMING LTD. ’s Office during ’s normal business hours* within theClaim Period. Note: SMARTAPP GAMING LTD Ltd. Kenya normal business hours are 8am to 5.30pm Monday to Thursday and 9am to 5pm on Fridays (excluding Bank Holidays) Reduced hours may apply over the Christmas and New Year period. 7.5 A Prize can be claimed in person within seven days after the end of the Claim Period if, before the end of the Claim Period, You contact SMARTAPP GAMING LTD. And notify it that You intend to claim a Prize in this way (and give Your name, address and all details of the contest that SMARTAPP GAMING LTD. Reasonably requires) and if You then present the proof of identity and any relevant completed Prize Claim Form in person at SMARTAPP GAMING LTD’s Office during normal business hours (see Rule 7.4) within the seven day period. You can contact SMARTAPP GAMING LTD By: • Phoning the Customer Care Team during its normal opening hours from time to time. See the Site for Customer Care Team’s current opening hours; or • Emailing help to info@smartapp-gaming.com and the email must be received by SmartApp Gaming LtdLtd before the end of the Claim Period. • If You fail to claim within the additional seven-day period, Your entitlement to the Prize will be lost and the Prize will not be PAID . 7.6 You can only claim for the highest Prize Category You won in a contest . You cannot claim a Prize for a lower Prize Tier, or any otherwise unclaimed Prize in that particular Draw or Prize pool. 8. VALIDATION REQUIREMENTS 8.1 Before a Prize can be paid on a Contest, it must be successfully validated in line with ’s reasonable validation procedures adopted from time to time. SmartApp Gaming LTD’s decision about whether the Contest is valid will be final and binding. 8.2 Without limiting the effect of Rule 6.1, SmartApp Gaming Ltd. Will declare an Contest invalid (and will not, therefore, pay any Prize related to that Contest) if: • The Contest is the result of an act by You or another person that was intended to increase the chances of You or that person winning a Prize in the relevant Game above the chances enjoyed by other Players of that Game, or to increase that Prize; or • The Contest is counterfeit, all or part of the Contest has been forged, or the Contest fails to SmartApp Gaming ltd. ’s validation and security checks; or • The Prize claim is not received within the relevant claim period set out in Rules 6.3 and 6.5; d. The Ticket Number for the Contest is not on SmartaApp Gaming Ltd. ’s official list of Winning Entries, or the relevant Prize for the Winning Contest with that Ticket Number has been paid previously; or • The details associated with the Ticket Number of a Contest do not match SmartApp Gaming LTD. ’s official records of that Ticket Number; or • SmartApp Gaming Ltd. Reasonably believes that the Contest was bought by or on behalf of a person falling in one of the categories in Rule 3.17. 8.3 Without limiting the effect of Rule , SmartApp Gaming Ltd. May declare a Contest invalid (and will not be obliged to pay any Prize) if: • Reasonably believes that the person claiming the Prize is not the holder of the relevant Account or that person’s duly authorised representative, or that the information provided by the person claiming the Prize is incomplete or has been altered or tampered with; or • The Contest has not been issued or sold by SmartApp Gaming Ltd.; or • The Ticket Number (or any other unique feature of the Contest) does not match the records on SmartaApp Gaming ltd’s Computer System for the Game that the Contest relates to; 9. PAYMENT OF PRIZES 9.1 By claiming or receiving any prize from SMARTAPP GAMING LTD., You acknowledge and agree that You will be required to comply with all SMARTAPP GAMING LTD. Prize claim requirements including to confirm Your identity and entitlement to the prize to SMARTAPP GAMING LTD satisfaction, at its sole and absolute discretion. You will be required to provide a form of valid government-issued photo identification or such other information as SMARTAPP GAMING LTD May require to confirm Your eligibility for a prize. You further acknowledge that the prize amount may take up to 28 days to be presented to Y ou. 9.2 SmartApp Gaming Ltd reserves the right to: • Pay Prizes by cheque, bank transfer or direct credit or Mobile Money. Payment made through Mpesa will be deposited (at Your own cost) to the Mobile Money Account registered to Your Account (or any other account agreed contestween SmartApp Gaming Ltd. And You); • Ask You to attend SmartApp Gaming Ltd’s Office to claim Your Prize; • Withhold a Prize, providing it is acting reasonably, until it is entirely satisfied that an Contest is valid and that the claim has been made in good faith; • Withhold a Prize (or recover or seek to recover a Prize already paid) until it has carried out all appropriate checks and enquiries if in its discretion it believes, on reasonable grounds, that You (as the person claiming a Prize) are not lawfully entitled to receipt of a Prize or that a Prize has been paid to You in circumstances where SmartApp Gaming Ltd. Decides in line with Rule 7.1 that the Contest is invalid or defective, or where there is any other reason for SmartApp Gaming ltd (acting reasonably) to question entitlement to the Prize. Any checks and enquiries will be carried out promptly by SmartApp Gaming Ltd.. You shall repay immediately on demand any Prize seeks to recover; • Recover a Prize incorrectly paid into Your Account; • Request proof of entitlement to a Prize (including, without limitation, Identification Information, proof of identity and capacity to claim); • Refuse to pay a Prize If You are unable to or fail to produce sufficient Identification Information when claiming a Prize; • Photograph anyone claiming a Prize for SmartApp Gaming ltd s records; • Request a court to decide to whom a Prize should be paid and/or make payment into court. X. Refuse to pay a prize if You refuse to sign all the documentation required by the Insurance Underwriters 9.3 The right to a Prize is not transferable. 9.4 SmartApp Gaming Ltd. Will not be responsible or liable to any person claiming a Prize which has been paid to a person who assumed the identity of the relevant Account. 9.5 No interest will be payable on any Prize, including without limitation whilst any checks or enquiries are carried out in relation to a Winning Contest, whilst a dispute about the Contest or Prize claim is being resolved, or for the period a Prize remains unclaimed. 9.6 Any charges levied by the Mobile Operators payment gateways (MPesa) will be deducted from Your account. 9.7 Any applicable taxes levied by the Kenyan Revenue Authority will be deducted from Your account. 10. DRAWS 10.1 Smartapp Gaming ltd . Will decide the time, frequency, date and method of the Draws for each Game. 10.2 Each phase of the game will have questions at randomly selected by a system approved by the BCLB. 10.3 If a Draw is interrupted because of equipment failure or for any other reason, the Draw will be completed in line with the applicable Draw Procedures for that Game. If a Draw can’t take Place on the date or at the time fixed, it will take place as soon as reasonably possible after that date. 10.4 If any Game draw is declared invalid, another Draw will take place in line with the applicable Draw Procedures. 10.5 SmartApp Gaming Ltd. Will only pay a Prize based on the official results of the relevant Draw recorded in line with Rule 9.4 and electronically recorded in SmartApp Gaming ltd Computer Systems, we Will not pay a Prize based on results recorded anywhere else, including for example in newspapers, winning number telephone lines, or on the Site. 10.6 SmartApp Gaming Ltd. Won’t be required to make any payment against any incorrectly announced number(s) at the Draw. 11. INFORMATION ABOUT WINNERS 11.1 When You claim or are paid a prize, You will automatically be deemed to grant to SmartApp Gaming Ltd. An irrevocable right to publish, through all types of media broadcasting, including the internet, for the purposes of promoting the win, Your full name (as well as Your nick name), hometown, photograph and video materials without any claim for broadcasting, printing or other rights for a period of up to Thirty Six months from the date of prize award. You also give SmartApp Gaming Ltd. The right to publish for a period of up to thirty six months from the date of the prize award any additional information that You voluntarily provide. You shall have no claim against Top10 Contest Ltd. For invasion of privacy or any other ground(s) by reason of the publication or broadcasting of Your Name, hometown, photograph, video materials or information voluntarily provided by You. 11.2 If You win a Prize, You understand and accept that SmartApp Gaming Ltd. May, if required by law, provide a third party with details of any Prize claimed by You or on Your behalf, or paid to You. 11.3 By participating in the Game, You expressly consent to the collection, use and disclosure by SmartApp Gaming Ltd, its employees, agents and/or service providers, of the Participant’s Personal Information, for the purposes of conducting and administering the Game. 11.4 You accept that SmartApp Gaming Ltd. Has the right to send you promotional messages You unless You explicitly opt out. 12. GAME CLOSURE 12.1 SmartApp Gaming Ltd. Can, following consultation with the BCLB, announce the closing date for an individual Game at any time. No Entries for that Game will be sold after the closing date. 12.2 SmartApp Gaming Ltd. Can also (at its absolute discretion) suspend or withdraw any Game following consultation with the BCLB. 13. LIMITATION OF LIABILITY 1.13 Where instructed by the BCLB, SmartApp Gaming Ltd. Will, or may (in its discretion provided it is acting reasonably), declare that a Contest is defective. In these circumstances, all relevant Entries and all relevant Prizes won will be void and SmartApp Gaming Ltd. Will either: • Give You an opportunity to have another Contest of equivalent price; or b. Refund You the amount they paid for the defective Contest. Note: SmartApp Ltd. Will decide which of (a) or (b) above shall apply. You do not have the right to cancel a contest. Subject to Rule 11.1 (b) and Rule 12.1, no refunds will be given in any circumstances. No interest will be payable in respect of any refunds made. 13.2 Top10 Contest Ltd. Is fully satisfied after proper and careful enquiries that a cancellation of an Contest was wholly and directly the result of Top10 Contest Ltd. ’s fraud, negligence or error, and that Contest would, but for that cancellation, have been a Winning Contest, then SmartApp Gaming Ltd. Will not refund the cost of the Contest and O8 LOTTO’s only liability will be to pay an amount equal to the Prize that You would have been entitled to if the cancellation did not take place. 13.3smartapp Gaming Ltd.’s only obligation is to pay the Prizes won in any Game to the rightful owners of Winning Entries, or provide a refund in the circumstances set out in these Rules. Without limiting the effect of Rules 11.1 and 11.5, Top10 Contest Ltd. Will not be liable in any circumstances for any loss of whatever nature other than, subject to Rule 11.4, the non payment of a Prize or the non-payment of a refund You are entitled to under these Rules. In particular, but without limitation, SmartApp Gaming Ltd. Will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by You (or any holder or owner of a Contest, any person claiming a Prize during the Claim Period or any other person) that arises out of the withdrawal of any Game or from the participation or non-participation of You or any person in any Game. This includes the loss, for whatever reason, of the chance to participate in that Game. 13.4 SmartApp Gaming Ltd. Will not be liable to any person for: • Events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service); • The failure or destruction of, or damage to, all or part of the computer systems or records of SmartApp Gaming Ltd. Or any third party (including, without limitation, the Site and/ SmartApp Gaming Ltd.’s Computer System); • Any mistakes caused by all or part of the computer systems or records of Top10 Contest Ltd . or any third party (including, without limitation, the Site and/or SmartApp Gaming Ltd Computer System); • Delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system; • Any other action or event which prevents or hinders the issue of a valid Contest (including without limitation the failure of the Site to display correctly on any device used to view it); f. The refusal to allow any person to contest or to allow any person to play a Game Played Online or via SMS/ Mobile Money; • Any losses caused by You, including the misuse or unauthorised use of passwords, money lost by playing the Games Played Online or via SMS, and the failure to keep SmartApp Gaming Ltd. Informed of changes to Your contact details; • Any losses caused by the failure or malfunction of Your equipment or technology or Your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party. 13.5 Nothing in these Rules excludes or limits (a) any person’s liability (i) for fraud; or (ii) for death or personal injury caused by breach of any Duty that person may have to take reasonable care or exercise reasonable skill; or (b) any other liability which cannot lawfully be excluded or limited. 13.6 You acknowledge and agree that You do not rely on, and shall have no remedy in respect of, any statement, representation or warranty (whether negligently or innocently made) or understanding of any person whether or not such person is a party to these Rules. 14. DISPUTES AND TOP10 CONTEST LTD’S DECISIONS. 14.1 SmartApp Gaming Ltd. Ltd.’s decision about whether or not a Contest is a Winning Contest, or in relation to any other matter or dispute arising from the payment or non-payment of Prizes, will be final and binding provided that it is a reasonable decision (and subject to Rule 12.3). Without limiting the effect of the previous sentence and Rule 11.1, following any such decision made by SmartApp Gaming Ltd. May (at its discretion), reimburse the cost of the Contest or replace the disputed Contest with a Contest for any current Game of the same price. 14.2 The remedy in Rule 12.1 will be the Player’s sole and exclusive remedy, and any reimbursement or replacement will fully discharge SmartApp Gaming Ltd.. From any liability in respect of such a dispute (subject to Rule 12.3). SmartApp Gaming Ltd.nterest in respect of any reimbursement made under this Rule 12. 14.3 SmartApp Gaming Ltd.. May withhold payment of a Prize and/or make an equivalent payment into court until any dispute has been resolved. 15. USE OF THE SERVICE, WEBSITE AND ALL OTHER MEDIA/ELECTRONIC PLATFORMS 15.1 Information and Content Information accessed by you on the Mobile service, Website, App and all other media/electronic platforms 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 contests/stakes, which are made at your own risk and discretion. 15.2 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, App 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 contests or stakes or to view or receive certain information in relation to particular events). 16. SOFTWARE AND TECHNOLOGY ISSUES 16.1 You are only permitted to use any and all software made available to you via the Mobile service, Website, or other media/electronic platforms, for the purpose of using products on the Mobile devices or all other media/electronic platforms, and save to the extent permitted by applicable law, for no other purposes whatsoever. 16.2 We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing products on the Mobile devices and all other media/electronic platforms, in accordance with the following provisions: 16.2.1 You are not permitted to: • Install or load the software onto a server or other networked device or take other steps to make the software available via any form of “bulletin board”, online service or remote dial-in or network to any other person; • Sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in these terms and conditions) your license to use the software or make or distribute copies of the software; • Enter, access or attempt to enter or access or otherwise bypass the Company’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Mobile service, and all other media/electronic platforms any changes to the software and/or any features or components thereof; or • Copy or translate any user documentation provided ‘online’ or in electronic format. (v) In Addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted as per the Kenya Information & Communication Act (CAP 411A) of the Laws of Kenya or any law replacing/repealing and or amending the said laws and any other relevant law) you are not permitted to: • Translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or • Reverse engineer, decompile, disassemble, modify, adapt, translate, make any attempt to discover the source code of the software or to create derivative works based on the whole or on any part of the software. 16.2.2 You do not own the software. The software is owned and is the exclusive property of the Company or a third party software provider company (the “Software Provider”). Any software and accompanying documentation which have been licensed to the Company are proprietary products of the Software Provider and protected worldwide by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software. 16.2.3 The software is provided “as is” without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. The Company hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). The Company does not warrant that: • The software will meet your requirements; • The software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; • Any defects in the software will be corrected; or (v) the software or the servers are virus-free. 16.2.4 In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither the Company nor the Software Provider will have any liability to you or to any third party in respect of such errors. The Company reserves the right in the event of such errors to remove all relevant products from the Mobile service, Website, App and all other media/ electronic platforms and take any other action to correct such errors. 16.2.5 You hereby acknowledge that your use of the software is outside of the Company’s control Accordingly, you load and use the software at your own risk. The Company will not have any liability to you or to any third party in respect of your receipt of and/or use of the software. 16.2.6 The software may include confidential information which is secret and valuable to the Software Provider and/or the Company. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions. 16.3 While the Company endeavours to ensure that the Mobile service, Website and all other media/electronic platforms, are available 24 hours a day, the Company shall not be liable if for any Reason the Mobile service, Website and all other media/electronic platforms are unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the content or services or products available through it, including your access to it. 16.4 You must not misuse the Mobile service, Website and all other media/ electronic platforms by Introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Mobile service, Website and all other media/electronic platforms, or any part of it; any equipment or network on which the data is stored; any software used in connection with the provision of the Mobile service, Website and all other media/electronic platforms; or any equipment, software, owned or used by a third party. You must not attack our Mobile service, Website and all other media/electronic platforms, via a denial-of-service attack. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of software or to your downloading of any material posted on it, or on any Mobile service, Website and all other media/electronic platforms, linked to it. 17. OTHER 17.1. The Company actively monitors traffic to and from the App, Website and all other media/electronic platforms. The Company reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found. 17.2. The Company reserves the right to restrict access to all or certain parts of the Mobile service, Website and all other media/electronic platforms in respect of certain jurisdictions. 17.3. The Company may alter or amend the products offered via the Mobile service, Website and all other media/electronic platforms at any time and for any reason. 17.4. From time to time, all or part of the Mobile service, Website and all other media/electronic platforms may be unavailable to offer their respective services. Should that happen (unavailability) the Company shall not be liable for any loss or damage that the customer may suffer. 18. OUR INTELLECTUAL PROPERTY RIGHTS 18.1 The contents of the Mobile service, Website and all other media/ electronic platforms, and all other media/electronic platforms owned by the company are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third party licensors. 18.2. All product and company names and logos mentioned on the Mobile service, Website and all other media/electronic platforms are the trademarks, service marks or trading names of their respective owners, including the Company. 18.3 Except to the extent required to use a product for the purpose of placing contests or stakes, no Part of the Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any Public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without our express prior written consent. 18.4. If you make use of a feature that allows you to upload material, information, comments, postings or other content to the Mobile service, Website and all other media/electronic platforms (“User Content”), then the User Content will be considered to be non-confidential and non-proprietary and the Company has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. The Company also has the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Mobile service, Website and all other media/electronic platforms, constitutes a violation of their intellectual property rights or of their right to privacy. The Company has the right to remove, amend or edit any User Content you make on the Mobile service, Website and all other media/electronic platforms. 18.5. Any commercial use or exploitation of the Website or its content is strictly prohibited. These Terms and Conditions, the Privacy Policy, the Rules and any document expressly referred to in them And any guidelines or rules posted on the Website constitute the entire agreement and understanding of the parties and supersede any previous agreement contestween the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and Conditions, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the Mobile service, Website and all other media/electronic platforms, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person (whether party to this agreement or not) other than as expressly set out therein. Nothing in this clause shall operate to limit or exclude any liability for fraud or fraudulent misrepresentation. 19. ANTI-MONEY LAUNDERING 19.1. The Company shall not be used to carry out any illegal activities by participants and all players shall adhere to the strictest discipline and moral turpitude in their dealings with the company and shall Enhance the company ability to adhere to the provisions of The Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 of Kenya and as it shall be amended from time to time and all other enabling laws and conventions. 19.2. The Company will subject all transactions to serious scrutiny to prevent money laundering and other illegal activities. 19.3. If you become aware of any suspicious activity relating to individual(s), participants, players, officials or of any correctness or malfunctioning of the Games, its software or appliances, you must report such activity or inactivity to the Company immediately. 19.4. Suspicious transactions will be reported to the relevant Authorities and where the company suffers pecuniary loss or injury to its person or reputation, all legal means will be employed to restore such injuries at the risk of the perpetrator. 19.5. The Company may suspend, block or close your account and withhold funds if so required by the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities. 20. COMPLAINTS 20.1. If you have a complaint; you can email customer support on info@smartapp-gaming.com 20.2. The Company will at all times apply best efforts to resolve a reported matter promptly. 20.3. If you have a query with regard to any transaction, you may also contact the Company info@smartapp-gaming.com with details of the query. The Company will review any queried or Disputed transactions. . 20.4. If for some reason, you are not satisfied with the resolution of the complaint by the Company, you can complain to the Contestting Control and Licensing Board (“BCLB”). 20.5. Kindly note that by contacting the BCLB you are confirming that you have not breached any the Company Terms and Conditions as agreed to by you upon registering with the Company. 20.6. In all other times where a dispute arises, parties shall refer the matter for Arbitration by a single arbitrator agreed by the parities 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. 21. MISCELLANEOUS 21.1. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question. The end.