Terms and Conditions, Betting Rules
These are our terms and conditions and betting rules, these govern the way we do business, how we take and settle bets, and identify what you can expect from Oxygen8 East Africa.
In these rules the following words have the following meanings unless the context requires otherwise
- We, Us, Our means Oxygen8 East Africa, registered offices Lavington, Nairobi, Kenya.
- Bet means the staking of money on the prediction of the outcome of a sporting event offered by us. A bet can include one or more predictions. A bet on one outcome is a single. A bet on many different outcomes is a multiple.
- Odds or Price means the return on the money staked should the prediction recorded in a Bet be correct. A winning price of 2 would return double to the stake to the customer. Example: if the customer stakes 100 KShs at the price of 2, and wins, the customer receives 200. The prices paid are those at the time the bet is placed and no other.
- Customer means anyone placing a bet with Oxygen8 East Africa
- User means anyone using this website
- VOID means that for one reason or another the bet is not acceptable to Oxygen8 East Africa. In these cases this bet, or selection within a bet (if it is an accumulator), is settled at the price of 1. In the case of a single bet this would mean the stake is returned to the customer.
2. Identity of Customers
Your mobile phone number is your identity. The identity of customers is determined by mobile phone number. We strongly encourage all customers to sign up for identity programmes administered by the mobile phone companies. We use mobile phone numbers to uniquely identify customers and their account details. If transactions are made via your phone by someone who is not the registered user, the registered user will remain liable for their transactions. In addition we cannot do account transactions for accounts which are not identical to the phone number. This means that you cannot, for example, ask to be paid out on a different number other than the number you have placed a bet with; also you cannot send money to us and request that this is placed in a different account. You must be the registered user of the line concerned to use this service.
Every Customer may only open one account with one mobile number. Elitebet Kenya retains the right to close the betting account of any Customer who has opened multiple accounts under his/her name or under different names using different mobile numbers. If we have grounds to believe that a customer retains multiple betting accounts on our system (whether or not under different names) we will close the accounts and retain the right cancel any transaction on that account.
3. Age Restricted
The Law prohibits under 18 year olds from betting. We may at any time ask you to confirm your age. You indemnify us of any damages if you deceive us or misprepresent your age. Underage clients will have their accounts closed immediately and any balances forfeit. We may also suspend ANY account for any reason and ask you to come with ID to one of our offices or agents to prove age, and identity. Individuals suspecting underage gambling are encouraged to report this to us immediately on our customer service number or via email to [email protected]
4. Account Security
Customers are the registered user of their mobile number. Customers are responsible for the security of their phone numbers and their mobile money accounts. We strongly recommend that customers do not disclose their PINs or any other security sensitive information to any other person. In the event that an unauthorised person uses a customer's phone for betting or money transactions to us, the registered user remains responsible.
We may also ask you to identify yourself and collect your winnings at one of our premises if we so require.
Customers can incur charges when using SMS services. However, currently you are not charged for sending or receiving messages to or from 29210.
6. Acceptance and Validation of Bets
All football bets will be settled on 90 minutes play (also referred to as Full-time and normal time). This denotes the period of play which includes time added by the Referee for injuries and other stoppages. This does not include scheduled extra time, or Penalty shoot-outs, if played.
In matches where penalty shoot outs or extra time are due to take place, all bets are settled on 90 minutes unless an Outright price is specifically requested and confirmed at the time the bet is placed. Top Goalscorer and Total Goals in tournament bets are settled using normal playing time and extra time (if included), but *not* penalty shoot-outs.
For matches played at neutral venues, the team listed on the left are still classed as the 'home' team for settlement purposes.
A club team playing a European competition is classed as playing at home if the fixture is moved from the team's usual ground to another ground within their national boundaries, e.g. when Arsenal played their Champions League home ties at Wembley.
If a match is no longer played at the venue advertised, bets will stand as long as the venue remains in the same country and is not switched to the opponent's ground. Should this occur, all bets will be void.
Where Oxygen8 East Africa have not quoted prices on a match, any single bet on that match will be void and treated as a non-runner in multiple bets.
If any team starts a 90 minute competitive game with less than 11 players, all bets on that match will be made void.
Bets can only be placed on the outcome of a future event, unless we are offering special 'betting in-running prices' for that event. If Oxygen8 East Africa mistakenly accepts a bet for an event that has already started then the bet will be void and your stake returned, except in the following circumstances:
- Where bets are taken after the start of an event, bets will stand if nothing has happened which would significantly alter the chances of the selection winning or losing.
- In the case of football matches, at our discretion, bets will be valid if they are placed within five minutes of kick-off, providing there has been no score in the match or no player has been sent off. If a player has been sent off or there has been a goal, or a penalty has been awarded but not yet taken, then the bet will be void and the stake returned, regardless of whether or not acceptance of the bet has been communicated to the customer.
All bets placed after the result of an event is known will be void win or lose.
Internet bets include bets placed on any of our remote channels including this website and via SMS. In the case of such bets, the bet is struck when a bet id or receipt exists in our back end systems or database. We may refuse to take bets placed if they are deemed wrong or mistaken.
7. Cancellation of Bets
You may cancel bets and have the stake money returned to your Oxygen8 East Africa account providing the following conditions are met:
- None of the selections have already kicked off
- None of the prices on any of the selections have changed
- You make the request within ONE hour of the bet being accepted
Since 2 Feb 2015 it is no longer possible to cancel bets via SMS.
We may cancel bets, or individual selections within bets, at any time and in that event, will return the stake to you.
8. Account Corrections
Oxygen8 East Africa has the right to recover from you any amount overpaid and has your authority to adjust your account to reflect the true outcome and rectify the mistake. An example of such a mistake might be where a price is incorrect (see Errors) a bet is late (see Acceptance and Validation of Bets) or where we enter a result of an event incorrectly.
9. Ante Post Bets
Ante Post bets are accepted on the basis of 'all in', whether the selection participates or not. This means that if the horse or selection does not run or participate in the race/event named, the bet is a loser. This applies even if the selection was not entered in the race, as long as there was the possibility that it could have been entered at a later stage. If a bet is placed on an Ante Post selection before the entries have closed, the bet will stand. The selection will only become void if:
- The race/event is abandoned or declared void
- In the case of horse-racing, a horse is balloted out or eliminated under Jockey Club Rule 125, or prevented from running under Jockey Club Rule 1A
- The venue changes
- In the case of horse-racing and greyhound racing, if the conditions of the race entry are changed prior to the horses or greyhounds coming under starters orders
- In the case of horse-racing, where the horse had already been withdrawn from the race at the time of acceptance
- Specific terms such as “with a run” were offered at the time the bet was placed and the selection is subsequently withdrawn as a non-runner
- A bet on an Ante Post event was placed without taking a price
Where the above conditions apply to a selection in an Ante Post multiple bet, the selection in question will be treated as a non-runner and the bet settled at the Ante Post odds laid on the remaining selections. If a bet on an Ante Post selection was placed after the entries closed, it will become void unless:
- The race is run on a later date at the same venue; and entries are not re-opened, in which case the bet will stand.
However, if the conditions of the race change (e.g. if the race is to be run over a different distance), all affected Ante-Post selections will be void. Each-Way Ante Post bets are settled according to the Each-Way terms advertised at the time the bet was placed. Ante Post selections can be included in most types of bets, including our range of speciality bets. However, any built-in bonuses and consolations specific to certain speciality bets (such as double the odds one winner on a Lucky 15/31/63 bet) will not apply.
Complaints, Disputes, Governing Law and Jurisdiction
If you wish to make a query or complaint, contact our Customer Services Team for assistance. If, having spoken to a member of the team, your query or complaint is not resolved, you can ask for the matter to be escalated to the Directors. This complaint should be in writing and addressed to [email protected] The Directors will investigate and provide a resolution within 72 hours of receipt of dispute. You will be given the name and status of the people to whom your query/complaint has been referred.
If you remain dissatisfied we may agree with you to refer the matter to an independent third body for arbitration, such as the Betting Control and Licensing Board whose decision will be final. No dispute regarding any bet or transaction will result in litigation, court action or objection to a bookmaker's license or permit unless Oxygen8 East Africa fails to implement the decision given by arbitration.
If, notwithstanding the above, the customer issues Court proceedings, Oxygen8 East Africa reserve the right to apply to stay those proceedings pending determination by an independent body. If the customer fails or refuses to follow the ruling of an agreed independent body, the customer will reimburse all resulting expenses (including court fees) incurred by Oxygen8 East Africa.
These Terms and Conditions shall be governed and construed in accordance with the laws of Kenya regardless of the player's country of domicile. You irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions and Betting Rules.
If a customer makes threat of violence against any staff member their betting account will be closed.
Oxygen8 East Africa make every effort to ensure that we do not make errors in accepting bets. However, if as a result of human error or system problems a bet is accepted at a price (which includes the odds, handicap provisions, and other terms and conditions or details of the bet) that is:
- materially different from those available in the general market at the time the bet was made; or
- clearly incorrect given the chance of the event occurring at the time the bet was made then Oxygen8 East Africa will void all bets on that match.
To establish the correct price Oxygen8 East Africa will consider prices available in the general market at the time the bet was made, including the prices offered by other bookmakers operating in the same market.
Examples of circumstances where this would apply are:
- the price is recorded as 100-1 when the price on offer in the general market is 10-1
- the margins for handicap betting have been reversed
If a bet is accepted in error by Oxygen8 East Africa on an event or outcome for which no Oxygen8 East Africa prices are available the bet will be void and your stake returned.
A bet accepted on this website or via sms does not constitute a legally binding contract between the customer and us. The prices we offer on all outcomes on display on this website take the form of an advertisement rather than a contractual term. If we offer mistaken prices, then we are entitled to decline any bet placed at those prices at any time. In such instances we will void the bet and return the stake money.
Any results or scores displayed on the site – for example during betting in play – are for guidance purposes only.
12. Fraud, Dishonesty and Crime
Oxygen8 East Africa will seek criminal and contractual sanctions against any customer involved in fraud, dishonesty or criminal acts. Oxygen8 East Africa will withhold payment to any customer where any of these are suspected.
The customer shall indemnify and shall be liable to pay to Oxygen8 East Africa, on demand, all costs, charges or losses sustained or incurred by Oxygen8 East Africa (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from the customer’s fraud, dishonesty or criminal act.
13. Price Changes
All prices are subject to change and may, on occasion, be restricted to certain stake levels. The prices offered via our different business channels may vary.
In the case of Football and other Sports, bets are settled on the official result published by the Press Association (PA), immediately after the match/event is finished. If the PA amends its decision after this period, all bets will stand on their original result.
If a selection in a single bet is made void the stake will be returned.
Void selections in multiple/accumulator bets will be treated as non-runners and the stake will run onto the remaining selections in the bet.
16. Withholding payment and our right to set off liability
We reserve the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred:
- the integrity of the event has been called into question
- the price(s) or pool has been manipulated
- match rigging has taken place
Evidence of the above may be based on the size, volume or pattern of bets placed with us across any or all of our betting channels. A decision given by the relevant governing body of the sport in question (if any) will be conclusive. If any customer owes any money to Oxygen8 East Africa for any reason, we have the right to take that into account before making any payments to that customer.
17. 90-minute Football Bets
What is meant by '90-minute Betting', 'Full Time' and 'Normal Time'?
Adult football matches are played over a 90 minute period, and this period can be called '90-minutes', 'Full Time' or 'Normal Time'. All football bets, unless specifically stating they are for Outright, To Qualify, Extra Time or Penalties markets, will be settled on the result after Normal Time (90 minutes).
During the game, the referree may stop the game for short periods for substitutions, or if a player gets injured, and at the end of each 45 minute half the referree adds however many minutes he feels is required to account for any of these stoppages. This additional time is called "Injury time".
Example A good example of a match with a lot of injury time is the Manchester derby from early in 09/10 season:
The score at 90 minutes was 3-3, the referee added six minutes injury time and Michael Owen scored the winner in the 96th minute. For betting purposes this match is settled as a Man United win (not a draw) and Michael Owen would be settled as the Last Goalscorer.
Full Time and Normal Time are terms for the full 90-minute period, plus any 'Injury Time' that the referee chooses to add. Full Time and Normal Time DO NOT include Extra Time.
18. Abandoned Matches
An abandoned match is deemed to be where a match is halted before the completion of the allotted match time and not played out to conclusion on the same day.
A match that is interrupted (e.g. inclement weather), but then plays to a conclusion on the same day will not count as an abandonment and bets will be settled on the outcome at the end of the match.
In the case of an abandonment, any subsequent replays/completions, award of the match result by governing bodies or pools panel decisions will not count toward settlement.
If a match is abandoned after it has commenced, all bets on that match will be made void except where settlement has already been determined. For example, where the first goal has been scored by a named player the First Goalscorer and Time of First Goal markets, amongst others, will stand.
If any team starts a 90 minute competitive game with less than 11 players, all bets on that match will be made void.
A postponement is deemed to be where a match does not commence on the same day it is scheduled to do so and is not rescheduled within 12 hours to within 25 hours of the original time.
In the instance of a postponed match, all bets placed on that match will be void. A postponed match can occur for a variety of reasons including weather and pitch conditions, security, power failures and crowd trouble.
As soon as we become aware of a postponed fixture, bets on that match will be made void. In such circumstances where (a) void match(es) is/are included in an accumulator the bet will be settled on the remaining selections. In the case of MabaoBETs if the MabaoBET has two or less remaining winning selections, it will be refunded. If one or more of the remaining remaining selections has lost, then the MabaoBET has been lost.
20. Members of Sports Governing Bodies
It is a condition of our acceptance of bets from you that, and by offering to place a bet with us, you represent that:
- You are not prohibited from entering into the bet by any term of your contract of employment or other professional contract or any rule of a Sports Governing Body, which applies to you.
- You are not aware of any circumstance which would make the placing of the bet a breach of a rule on betting applied by a Sports Governing Body.
- Where the bet is placed on the outcome of a race, competition or other event or process or on the likelihood of anything occurring you do not know the outcome of the event or have not been involved in events which adversely affect the potential outcome.
- In the event of any such representation by you proving to be false your stake will be forfeited and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the bet.
21. Settling Bets
Bets are settled on the following possible outcomes in a specified football match - e.g. Celtic versus Rangers would appear as:
- Home/Draw - Celtic to win/Match to end in a draw
- Away/Draw - Rangers to win/Match to end in a draw
- Home/Away - Celtic to win/Rangers to win
Normal 90 minutes betting rules apply.
Bets are settled on the total number of goals to be scored during 90 minutes play
Goal Line, Under/Over
Bets are settled on whether there will be more or less total goals scored in a particular match than the number stated. The line is either a single line (e.g. 2.5) or split line (e.g. 2 / 2.5) Bets can be placed either Over or Under the goal-line.
If the total number of goals equals the goal-line, stakes are refunded. Normal 90 minutes match betting rules apply.
Half-time betting is available on certain matches. Bets are settled on the result of the match at the end of the first half (i.e. at the end of 45 minutes, including injury time). Bets will be void if the match is abandoned. Singles and upwards are available.
Half-time/Full-time (Double result forecast betting)
Half-time/Full-time (Double result forecast) betting is available on most matches where Home/Away/Draw prices are quoted. Bets are settled based on the result of the match at both half-time and full-time (i.e. at the end of 45 minutes and 90 minutes, including injury time). Bets will be void if the match is abandoned prior to the completion of 90 minutes play. Singles and upwards are available.
Handicap bets are settled on the basis that one of the teams is given a goal(s) start. Bets are settled by adding (or subtracting) the goal start to the 90 minutes result.
To win both halves
The 90 minute match is treated as two separate 45 minute 'mini-matches' and therefore your selection must score more goals than the other team in each of the two halves.
For example, if your selection scores in the first half of a match and the match finishes 1-0, although the first half was won 1-0 , the score in the second 45 minutes was effectively 0-0 and therefore a draw. If this occurs, only the first half is considered to have been 'won' and therefore bets would be losers.
Total goals odd or even
Bets are settled on whether the total number of goals scored within 90 minutes, will be an odd or an even number. Extra-time and penalties do not count. If the total number of goals in a game is zero (i.e. the final score is 0 - 0) then "Even" is considered the winning selection.
This bet cannot be combined with any other bets on the same match. Should this bet be accepted in error, it will be settled by equally dividing the stake unit where the related outcomes clash.
22. Jackpot Rules
- The jackpot amount is determined by Elitebet Kenya Ltd and increments weekly if it is not won that week.
- All predictions have to be correct to win the jackpot and normal playing time rules are used to determine the full time score.
- The Result of all matches are based on standard 90 minute betting / outcome. Overtime, Golden Goals, penalty shot outs are not included
- Jackpot Bonus pots for half time, 10 matches correct and 11 matches correct are determined by Elitebet Kenya Limited. The half time bonus pot is shared between all winning players of that result, and is paid if the jackpot entry matches the results of the jackpot matches at half time. 11 Correct and 10 Correct pots are shared between all winners of that result, and are paid on the basis of the full time results of the matches. 11 Correct winners do not also win the 10 correct pot, and jackpot winners do not also win the 11 correct and 10 correct pots. It is possible to win the half time pot and the main jackpot if the results for all matches are the same at full time as they are at half time.
- The jackpot will be split equally between all winners, and will attract withholding tax.
- The number of predictions required to win the jackpot is determined by Elitebet Kenya Ltd and can be altered in advance of any jackpot.
- The jackpot can be played online or via SMS. Jackpot entries via SMS should start with JP and then include the predictions for the matches thus, 1 is a home win, 2 is an away win, 0 (zero) is a draw. Thus a typical entry via SMS will be JP112002112012. Any additional digits will be ignored and entry based on the first 12 digits only. SMS jackpot entries are entered in the same order as displayed online. E.g. in the above entry the first entry 1 refers to the first match (home win), the second entry 1 for the second match (home win), and the third entry 2 (away win) is for the third match, and so on.
- If any match in the Jackpot is postponed on the day it is due to play, does not play on the day advertised on site, or is abandoned before full time, the result of the match concerned will be determined by a draw conducted under the authority of the Gaming and Betting Regulator. The decision determined by the Regulatory Authority is final and no correspondence on the determination of the Jackpot outcome will be accepted. If the match is postponed more than three days before its due kick off, all jackpot entries will be refunded and the entries made void, and a match substituted for the posponed match.
- All Jackpot prizes are subject to Betting Withholding Tax, currently at 7.5% and will be deducted from the prize pool prior to the declaration of the final Pay-out.
- Elitebet Kenya Ltd reserves the right to pay the jackpot by bank transfer or cheque.
- Jackpot players agree to their photographs, images and names to be used in company promotional material.
23.Prices subject to fluctuation
All prices are subject to fluctuation up to the kick-off. All football bets will be settled using Oxygen8 East Africa online prices at the time the bet is placed.
24. Related contingencies in one match
Where we offer various betting opportunities from the same match (e.g. correct score, first player to score etc) these cannot be combined in accumulative bets where the outcome is related (except where special fixed prices are available).
Where an accumulative bet of this type as been accepted in error it will be settled by equally dividing the stake unit where the related outcomes clash. EXAMPLE: A 100 KShs Double:- Manchester United to win in 90 minutes play and Manchester United to win 2-1 is settled as 2 x 50 KShs singles.
In the case of football and other sports, bets are settled on the official result published by xscores.com in the first instance, and the Press Association in the final. If the PA amends their decision, all bets will stand on their original result. If the result is not immediately available from the PA, the result published by the official governing body immediately the match/event is finished will be used for settling purposes. Any subsequent corrections or amendments to this result will not apply for settlement purposes. Oxygen8 East Africa will settle all bets rapidly but because of time differences, for some events, bets may be settled overnight or with some delay.
26. Maximum Payouts
Unless otherwise authorised with Oxygen8 East Africa the maximum payout to any winning customer shall be 1,000 times the stake or 1 Million KShs per day, whichever is the lower.
27. Account Closure
We reserve the right to close any customer account or refuse to take bets from any customer. In this event of account closure, we are not liable to pay out any money to the customer.
Last Amended 19th July 2016