These Terms and Conditions are effective from 1st January 2020.
Please read the Terms carefully and if you do not accept the Terms, do not use Our Website. The Terms shall also apply to all SMS and Shop betting
When you place a bet, using Our Website, you accept and agree to be bound by, the Rules which apply to the applicable products available on Our Website from time to time. The Rules can be found under the Rules menu tab at the top of Our Website
We may need to change the Terms from time to time for a number of reasons (including, to comply with applicable laws and regulations, and regulatory requirements). All changes will be published on Our Website. The most up to date Terms will be available on Our Website. If any change is unacceptable to you, you should cease using Our Website. If, however, you continue to use Our Website after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes.
Reference to "you", "your", “customer" or “Bettor” is reference to any person using Our Website or the services of bongobongo.ke and/or any registered customer of bongobongo.ke.
As you are aware, the right to access and/or use Our Website (including any or all of the products offered via Our Website) may be illegal in certain countries. You are responsible for determining whether your access and/or use of Our Website is compliant with applicable laws in your jurisdiction and you warrant to us that gambling is not illegal in the territory where you reside.
bongobongo.ke is committed to providing excellent customer service. As part of that commitment, bongobongo.ke is committed to supporting responsible gambling. Although bongobongo.ke will use its reasonable endeavors to enforce its responsible gambling policies, bongobongo.ke does not accept any responsibility or liability if you nevertheless continue gambling and/or seek to use Our Website with the intention of deliberately avoiding the relevant measures in place and/or bongobongo.ke is unable to enforce its measures/policies for reasons outside of bongobongo.ke’s reasonable control.
1.1. All applicants must be over 18 years of age to place a bet or register with bongobongo.ke. bongobongo.ke reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. bongobongo.ke takes its responsibilities in respect of under age and responsible gambling very seriously.
1.2 All information supplied when registering with the site MUST be accurate and complete in all respects. In particular, if using a credit or debit card or Mobile Money, the cardholder's or Mobile Money name MUST be the same as the name used when registering with Our Website. Where this is not the case, the relevant account will be suspended. Where an account is suspended, the relevant customer should contact us. All bets that are placed prior to an account being suspended will stand - win or lose.
1.4 By accepting the Terms and/or registering to use Our Website you hereby agree that we shall be entitled to conduct any and all such identification, credit and other verification checks from time to time that we may require and/or are required by applicable laws and regulations and/or by the relevant regulatory authorities for use of Our Website and our products generally. 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.
1.5 As part of the registration process, we may supply your information details to authorised credit reference agencies to confirm your identity and payment card details. You agree that we may process such information in connection with your registration.
1.6 Customers may open only one account. Should we identify any customer with more than one account we reserve the right to treat any such accounts as one joint account.
1.7 Customers must keep their registration and account details up to date. This, and your account information, may be amended in the Settings section of Our Website. If you require any assistance, please contact us.
2.1 bongobongo.ke allows all its customers to choose their own username and password combination. Customers must keep this information secret and confidential as you are responsible for all bets placed on your account and any other activities taking place on your account.
2.2 Bets will stand if your username and password have been entered correctly (whether or not authorized by you), subject to there being sufficient funds in the account.
2.3 If, at any time, you feel a third party is aware of your user name and/or password you should change it immediately via Our Website. Should you forget part or all of your combination, please contact us
2.4 For bets placed by SMS, you are responsible for all transactions where your Phone number or username are correctly quoted (whether or not authorized by you). If you nominate another person as an authorized user of your account, you shall be responsible for all transactions such 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.
2.5 Please note that cardholder and Mobile Money details and any other sensitive data should never be sent to us by unencrypted email.
2.6 The current balance and transaction history of your account may be viewed at any time once you have logged into your account on Our Website.
3.1 We will comply with applicable data protection laws in Kenya in respect of the personal information you supply to us.
Suspension and Closure
4.1 If you want to close your account, please contact us. Any negative balance on your account will fall immediately due and payable to Bongobongo.ke, and your account will not be closed until the relevant amount owed to Bongobongo.ke is paid in full.
4.2 Bongobongo.ke reserves the right to close or suspend your account at any time and for any reason. Without limiting the preceding sentence, Bongobongo.ke shall be entitled to close or suspend your account if:
(a) you become bankrupt;
(b) Bongobongo.ke considers that you have used Our Website in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) Bongobongo.ke considers that you have used Our Website in an unfair manner or have deliberately cheated or taken unfair advantage of Bongobongo.ke or any of its customers;
(d) Bongobongo.ke is requested to do so by the police, any regulatory authority or court;
(e) Bongobongo.ke considers that any of the events referred to in (a) to (c) above may have occurred or are likely to occur; or
(f) your account is deemed to be dormant and its balance is, or reaches zero in accordance with paragraph B.5.1 below.
4.3 If bongobongo.ke closes or suspends your account for any of the reasons referred to in (a) to (e) above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by bongobongo.ke (together “Claims”) arising there from and shall indemnify and hold bongobongo.ke harmless on demand for such Claims. In the circumstances referred to in (a) to (e) above, bongobongo.ke shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or payable to you (including any winnings or bonus payments).
5.1 An account is deemed to be ‘inactive’ during any period in which none of the following actions take place in relation to it: (i) a successful deposit; (ii) a sports bet is placed.
(a) If your account remains ‘inactive’ for a continuous period of 365 days then your account shall be deemed to be ‘dormant’ and, if the balance on your account is zero, your account will be closed and no fee shall apply.
(b) If, on being deemed to be dormant, your account has a positive balance, bongobongo.ke shall take reasonable steps to notify you using the details you provided during your registration process (or as updated by you).
5.2 You can ‘reactivate’ your account by: (i) making a successful deposit; (ii) placing a sports bet.
Deposits and Bets
1.1 You may only bet with the amount of cleared funds held in your account. Accordingly, if you want to place bets, you must deposit monies into your account.
1.2 By depositing funds into your account, you direct us and we agree to hold them, along with any winnings, for the sole and specific purpose of using them (i) to place your sporting stakes; and (ii) settling any fees or charges that you might incur in connection with the use of our services. We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing funds without any intention to place sporting stakes. In such circumstances we may also report this to relevant authorities.
1.3 You agree that we shall be entitled to retain any interest which might accrue on monies held in your bongobongo.ke account.
1.4 No credit will be offered by any employee of bongobongo.ke, and all bets must be supported by sufficient funds in the customer account. bongobongo.ke reserves the right to void any bets which may have inadvertently been accepted when the account did not have sufficient funds to cover the bet. Should funds be credited to a customer's account in error it is the customer's responsibility to inform bongobongo.ke without delay. bongobongo.ke will recover such funds by account adjustment.
1.5 Unless otherwise stated, all examples given on Our Website are given in Kenya Shillings. For any transaction which requires a currency exchange, the applicable exchange rate will be the quoted by Bank of Kenya.
1.6 Once a currency is selected, funds are deposited, Betted and winnings paid in that currency.
1.7 You are only entitled to use our currency exchange service for the purpose of placing bets via Our Website (the “authorised purpose”). You are not entitled to use this service for any purpose other than the authorised purpose (including currency hedging, speculative trading or any other currency trading). If bongobongo.ke considers that you are using Our Website for any reason other than the authorised purpose, bongobongo.ke shall be entitled to close or suspend your account and you shall:
(a) be liable for any and all claims incurred arising there from; and
(b) indemnify bongobongo.ke on demand for such claims.
1.8 In addition, bongobongo.ke shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your ‘unauthorised’ use of Our Website including activities which are not for an authorised purpose.
2.1 Where possible, all withdrawals will be processed to the payment account from which the deposits were made. Withdrawal payments can only be made in the name of and to the registered account holder.
2.2 For most payment types, withdrawals can be processed by clicking 'Withdraw' on Our Website, subject to there being sufficient funds in your betting account. There is no set maximum withdrawal amount per day but withdrawal requests for amounts greater than 4,000,000 Kenya Shillings or equivalent may require additional arrangements as this is the maximum limit per day via mobile money.
2.3 If the value of a deposit is not played through in full before a withdrawal is requested, bongobongo.ke reserves the right to make a charge to the customer’s account to cover all reasonable costs relating to both the deposit and withdrawal. If necessary, the value of the withdrawal requested may be reduced accordingly.
2.4 The minimum withdrawal amount is Ksh.200
3.1 If we incur any charge-backs, reversals or other charges in respect of your account, we reserve the right to charge you for the relevant amounts incurred.
3.2 We may, at any time, set off any positive balance on your account against any amounts owed by you to bongobongo.ke or any company within the bongobongo.ke group.
3.3 Internet (Online) Sports betting may be illegal in the jurisdiction in which you are located. If so, you are not authorised to use your payment card or Mobile Money to complete the transaction. However, any bets accepted from such jurisdictions will stand - win or lose.
1.1 bongobongo.ke reserves the right to decline all, or part, of any bet requested at its sole and absolute discretion. All bets are placed at your own risk and discretion.
1.2 We only accept bets made online, by SMS, or at our Betting shops. Bets are not accepted in any other form (Telephoning, post, email, fax, etc.) and where received will be invalid and void - win or lose.
1.3 It is the responsibility of the customer to ensure details of their bets are correct. Once bets have been placed and their acceptance confirmed they may not be cancelled or changed by the customer. bongobongo.ke reserves the right to cancel any bet at any time.
1.4 Bets are processed in the order they are received.
2.1 Bets will not be confirmed if there are insufficient funds in your account.
2.2 For SMS bets 'acceptance confirmed' will be deemed only after the Bettor has received confirmation SMS from us.
2.3 Should a dispute arise, you and bongobongo.ke agree that the bongobongo.ke transaction log database will be the ultimate authority in such matters.
3.1 All customer offers are limited to one per person, family, household address, email address, SMS number.
3.2 Where any term of the offer or promotion is breached or there is any evidence of a series of bets placed by a customer or group of customers (e.g. where common betting patterns across the same fixture/markets have been identified across accounts), which due to a deposit bonus, enhanced payments, free and risk free bets, or any other promotional offer results in guaranteed customer profits irrespective of the outcome, whether individually or as part of a group, bongobongo.ke reserves the right to reclaim the bonus element of such offers and in bongobongo.ke’s absolute discretion settle bets at the correct odds, void the free and risk free bets or void any bet funded by the deposit bonus. In addition, bongobongo.ke reserves the right to levy an administration charge on the customer up to the value of the deposit bonus, free and risk free bet or additional payment to cover administrative costs. bongobongo.ke further reserves the right to ask any customer to provide sufficient documentation for bongobongo.ke to be satisfied in its absolute discretion as to the customer’s identity prior to bongobongo.ke crediting any bonus, free and risk free bet or offer to the customer’s account.
3.3 All bongobongo.ke offers are intended for its customers, and bongobongo.ke may in its sole discretion limit the eligibility of customers to participate in all or part of any promotion.
3.4 bongobongo.ke reserves the right to withdraw the availability of any offer or all offers to any customer or group of customers at any time and at bongobongo.ke’s sole and absolute discretion. Offers only apply to customers who have made an actual/real money deposit with bongobongo.ke.
3.5 bongobongo.ke reserves the right to amend the terms of or cancel any customer offer or promotion at any time.
Settlement and Payouts
4.1 All bets are subject to the Betting Coverage provisions (including maximum winnings) set out in Appendix Two to these Terms and Conditions.
4.2 bongobongo.ke reserves the right to suspend a market and/or cancel any bet at anytime. When a market is suspended any bets entered will be rejected. bongobongo.ke also reserves the right to cease betting on any markets at any time without notice.
4.3 The 'Calculator' calculation available on Our Website is for information purposes only, and all bets will be calculated using the accepted odds. In multiple bets with a void selection(s) the 'Calculator ' figure is reduced accordingly.
4.4 Should a customer include a void selection in a multiple bet, the bet will be settled on the remaining selections.
4.5 Winnings from settled bets are added to the balance of your betting account. Any funds/winnings credited to an account in error are not available for use, and bongobongo.ke reserves the right to void any transactions involving such funds and/or withdraw the relevant amount from your account and/or reverse the transaction, either at the time or retrospectively.
4.6 bongobongo.ke reserves the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred: (i) the integrity of the event has been called into question; (ii) the price(s) has been manipulated; or (iii) match rigging has taken place. Evidence of the above may be based on the size, volume or pattern of bets placed with bongobongo.ke 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 bongobongo.ke for any reason, we have the right to take that into account before making any payments to that customer.
4.7 Where there is evidence of a series of bets each containing the same selection(s) having been placed by or for the same individual or syndicate of individuals, bongobongo.ke reserves the right to make bets void or withhold payment of returns pending the outcome of any subsequent investigation.
4.8 For events where there is no official 'Kick off' declared, the advertised start time of the event will be deemed the 'Kick off'. If for any reason a bet is inadvertently accepted after an event or match has commenced, bets will stand provided the final outcome is not known, and that no participant/team has gained any material advantage (e.g. a score, sending off for the other team, etc) at the time the bet was placed. If the outcome of an event/market is known bongobongo.ke reserves the right to void the bet, win or lose. Disputes over times bets are placed will be settled using the transaction log. All times stated on Our Website and/or referred to by bongobongo.ke staff relate to Kenya Time unless stated otherwise.
4.9 If for any reason we are unable to validate the outcome of a particular market (e.g. due to loss of live pictures or Internet feed), all bets will be void, unless settlement of bets is already determined.
Information and Content
1.1 Information accessed by you on Our Website (including results, statistics, sporting data and fixture lists, and odds) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets, which are made at your own risk and discretion.
2.1 Your computer equipment or mobile device and internet connection may affect the performance and/or operation of Our Website. bongobongo.ke does not guarantee that Our Website will operate without faults or errors or that the bongobongo.ke services will be provided without interruption. bongobongo.ke 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 bet or to view or receive certain information in relation to particular game).
2.2 For customers using bongobongo.ke On The Move (including downloadable applications) for the placing of bets, please note that bongobongo.ke will not be responsible for any damage to, or loss of data from the mobile device that the software is installed on, and will also not be responsible for any call, data or other charges incurred whilst using the software.
3.1 Our Website and bongobongo.ke products may only be used for the purposes of placing bets on gaming products.
3.2 You must not use Our Website for any purpose which (in bongobongo.ke’s opinion) is illegal, defamatory, abusive or obscene, or which bongobongo.ke considers discriminatory, fraudulent, dishonest or inappropriate.
3.3 bongobongo.ke will seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with Our Website or bongobongo.ke's products. bongobongo.ke will withhold payment to any customer where any of these are suspected. The customer shall indemnify and shall be liable to pay to bongobongo.ke, on demand, all Claims arising directly or indirectly from the customer’s fraudulent, dishonest or criminal act.
Software and Technology Issues
4.1 In order for you to use certain products offered on Our Website you may need to download some software (for example, browsers). Also, certain third party product providers may require you to agree to additional terms and conditions governing the use of their products. If you do not accept those third party terms and conditions, do not use the relevant third party software. bongobongo.ke does not accept any liability in respect of any third party software.
4.2 You are only permitted to use any/and all software made available to you via Our Website for the purpose of using products on Our Website and, save to the extent permitted by applicable law, for no other purposes whatsoever.
4.3 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 Our Website (including the Online Betting), in accordance with the following provisions.
(a) You are not permitted to: (i) 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; (ii) 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; (iii) enter, access or attempt to enter or access or otherwise bypass bongobongo.ke’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or Our Website or attempt to make any changes to the software and/or any features or components thereof; or (iv) copy or translate any user documentation provided 'online' or in electronic format.
(b) You do not own the software. The software is owned and is the exclusive property of Ludus Technology UK or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been leased to bongobongo.ke are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.
(c) The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. bongobongo.ke hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). bongobongo.ke does not warrant that: (i) the software will meet your requirements; (ii) the software will not infringe any third party’s intellectual property rights; (iii) the operation of the software will be error free or uninterrupted; (iv) any defects in the software will be corrected; or (v) the software or the servers are virus-free.
(d) 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 bongobongo.ke nor the Software Provider will have any liability to you or to any third party in respect of such errors. bongobongo.ke reserves the right in the event of such errors to remove all relevant products from Our Website and take any other action to correct such errors.
(e) You hereby acknowledge that how you use the software is outside of bongobongo.ke’s control. Accordingly, you load and use the software at your own risk. bongobongo.ke will not have any liability to you or to any third party in respect of your receipt of and/or use of the software.
(f) The software may include confidential information which is secret and valuable to the Software Provider and/or bongobongo.ke. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions.
4.4 While bongobongo.ke endeavors to ensure that Our Website is available 24 hours a day, bongobongo.ke shall not be liable if for any reason Our Website is 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 Our Website and the content or services or products available through it, including your access to it.
4.5 You must not misuse Our Website 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 Our Website or any part of it; any equipment or network on which Our Website is stored; any software used in connection with the provision of Our Website; or any equipment, software or website owned or used by a third party. You must not attack our Website 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 Our Website, software or to your downloading of any material posted on it, or on any website linked to it.
Third Party Content
5.1 bongobongo.ke receives feeds, and content from a number of suppliers. Certain third party product providers may require you to agree to additional terms and conditions governing the use of their feeds, commentaries and content. If you do not accept the relevant third party terms and conditions, do not use the relevant feeds, commentaries or content.
5.2 bongobongo.ke does not accept any liability in respect of any third party feeds, commentaries and content.
5.3 bongobongo.ke does not allow any employee, anyone else in any way connected to such employee or anyone otherwise connected to a third party service provider (to be determined in bongobongo.ke’s absolute discretion) to bet on any market or event where the third party service provider is providing a service to bongobongo.ke. bongobongo.ke will void any bet where it determines in its absolute discretion that such betting has taken place.
5.4 Where Our Website contains links to third party websites and resources, these links are provided for your information only. bongobongo.ke has no control over the content of these sites or resources, and accepts no liability for them or for any loss or damage that may arise from your use of them. The inclusion of a link to a third party website does not constitute an endorsement of that third party’s website, product or services (if applicable), unless otherwise where expressly stated so.
6.1 bongobongo.ke will not be liable for any errors in respect of bets including where: (i) bongobongo.ke has incorrectly stated the relevant odds/handicap/Overs/Unders/Winning amount; (ii) bongobongo.ke continues to accept bets on closed or suspended markets; (iii) bongobongo.ke incorrectly calculates or pays a settlement amount.
6.2 Incorrect Price - Prior to the start of an event, where an Obvious Error is identified any bets will stand and be settled at the bongobongo.ke revised price. Where a revised price is deemed less than 1/1000 then bets will be void. Where there is sufficient time before the start of an event, bongobongo.ke will endeavor to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
6.3 Incorrect handicap/Overs/Unders- Prior to the start of an event, where an Obvious Error is identified any bets will stand and be settled at the handicap/Overs/Unders taken at the bongobongo.ke revised price except for the following situations:
i) Where a revised price is deemed less than 1/1000 then bets will be void.
ii) Any bet placed on a handicap/Overs/Unders where the outcome is already known when the bet was placed will be void.
6.4 Incorrect Winning Amount - Prior to the start of an event, any bets that have been placed by the customer where the Winning amount is incorrect (due to an error in the underlying price, or Software malfunction) will stand and be resettled at the correct amount, unless the outcome is already known in which case such bets will be void.
6.5 Where there is sufficient time before the start of an event, bongobongo.ke will endeavor to contact the customer and may in our absolute discretion allow the option of cancelling the bet.
6.6 Incorrect Fixture - Where the wrong team is quoted within a fixture name all bets will be void. Such determination to be in bongobongo.ke’s absolute discretion.
6.7 Late Bets - If for any reason a pre-event bet is inadvertently accepted after a match or event has commenced, bets will be settled as follows: i) The bet will stand as long as the selected participant or team has not gained a material advantage (e.g. a score, sending off for the other team etc).
ii) Where a material advantage has been gained bongobongo.ke reserve the right to void the bet, win or lose. Any bet placed where the outcome is already known, will be made void.
6.8 Obvious Error - Maximum Winnings - The maximum amount which can be won for a bet placed where there is an Obvious Error and a revised price is 5,000,000 (Five Million) Kenya Shillings.
7.1 bongobongo.ke actively monitors traffic to and from Our Website. bongobongo.ke reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.
7.2 bongobongo.ke reserves the right to restrict access to all or certain parts of Our Website in respect of certain jurisdictions.
7.3 bongobongo.ke may alter or amend the products offered via Our Website at any time and for any reason.
7.4 From time to time, all or part of Our Website may be unavailable for use by you because of our maintenance of Our Website and/or alteration or amendment of any of Our Website products.
bongobongo.ke does not accept any liability for any damages, liabilities or losses which are deemed or alleged to have arisen out of or in connection with Our Website or its content (including delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of Our Website or its content or any errors or omissions in content).
While bongobongo.ke endeavors to ensure that the information on Our Website is correct, bongobongo.ke does not warrant the accuracy or completeness of the information and material on Our Website. Our Website may contain typographical errors or other inaccuracies, or information that is out of date. bongobongo.ke is under no obligation to update such material. The information and material on Our Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, bongobongo.ke provides you with Our Website on the basis that bongobongo.ke excludes all representations, express or implied warranties, conditions and other terms which but for these terms and conditions might have effect in relation to Our Website.
bongobongo.ke’s total aggregate liability to you under or in connection with these Terms and Conditions does not exceed:
(a) the value of the bets and/or wagers you placed via your account in respect of the relevant bet or product that gave rise to the relevant liability; and
(b) the amount of applicable monies, where such monies have been misplaced by us.
(c) 10,000,000 Kenya Shillings in respect of any other liability.
bongobongo.ke shall not be liable, in contract, tort (including negligence) or for breach of statutory duty or in any other way for any of the following (whether incurred directly or indirectly):
(a) loss of profits;
(b) loss of business;
(c) loss of revenue;
(d) loss of opportunity;
(e) loss of data;
(f) loss of goodwill or reputation; or
(g) any special, indirect or consequential losses, whether or not such losses were within the contemplation of the parties at the date of these terms and conditions.
Nothing in this Section F above, shall limit bongobongo.ke's liability to pay the customer winnings or other sums properly owing to it, subject always to terms and conditions set out herein and the maximum winnings on products in Appendix Two to these Terms and Conditions.
The contents of Our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Ludus Technology UK, its affiliates or other third party licensors.
All product and company names and logos mentioned on Our Website are the trade marks, service marks or trading names of their respective owners, including bongobongo.ke.
Except to the extent required to use a product for the purpose of placing bets, no part of Our 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.
If you make use of a feature that allows you to upload material, information, comments, postings or other content to Our Website ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and bongobongo.ke has the right to use, copy, distribute and disclose to third parties any User Content for any purpose. bongobongo.ke 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 Our Website constitutes a violation of their intellectual property rights or of their right to privacy. bongobongo.ke has the right to remove, amend or edit any User Content you make on Our Website.
Any commercial use or exploitation of Our Website or its content is strictly prohibited.
These Terms and Conditions, the Rules and any document expressly referred to in them and any guidelines or rules posted on Our Website constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to their subject matter. You acknowledge and agree that in entering into and agreeing to these Terms and Conditions, the Rules and any document expressly referred to in them and any guidelines or rules posted on Our Website 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.
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, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.
The rights and remedies provided by these Terms and Conditions are cumulative and (unless otherwise provided in these Terms and Conditions) do not exclude any other rights or remedies available in law.
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
You shall execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the terms of these Terms and Conditions that bongobongo.ke may from time to time reasonably require in order to vest in and secure to bongobongo.ke the full benefit of rights and benefits to be transferred or granted to bongobongo.ke under these Terms and Conditions and for the protection and enforcement of the same and otherwise to give full effect to the terms of these Terms and Conditions.
Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.
bongobongo.ke shall not be in breach of these Terms and Conditions nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity and acts of government or other competent authorities. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.
bongobongo.ke may assign, transfer, charge, sub-license or deal in any other manner with these Terms and Conditions, or sub-contract any of its rights and obligations under these Terms and Conditions, to any party including any company within the bongobongo.ke group.
Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery, first class post, recorded delivery or registered post or airmail, email or fax to: (a) in the case of bongobongo.ke, the address of the relevant bongobongo.ke company as displayed on Our Website; and (b) in respect of notices given by bongobongo.ke to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to bongobongo.ke). Any notice shall be deemed to have been received: (a) if delivered by hand, at the time of delivery; (b) if sent by first class post, recorded delivery or registered post, at 09.30 (GMT+3) on the third clear day after the date of posting; (c) if sent by pre-paid registered airmail, at 09.30 (GMT+3) on the fourteenth clear day after the date of posting; (d) if sent by email, at the time of sending; and (e) if sent by fax, at the time of transmission by the sender.
The Appendices, the Rules and any document expressly referred to in them and any guidelines or rules posted on Our Website form an integral part of these Terms and Conditions and shall have effect as if set out in full in the body of these Terms and Conditions. In the event of any inconsistency between the main body of these Terms and Conditions and the Appendices, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on Our Website, unless stated otherwise, the main body shall prevail.
Should there be any claim or dispute arising from a past or current transaction, please contact us. If bongobongo.ke is unable to settle the dispute, bongobongo.ke will refer the dispute to an arbiter, such as the Kenya National Lottery Board, whose decision will be final (save in respect of any manifest error) subject to full representation given to all parties involved. No dispute regarding any bet will result in litigation, court action or objection to a bookmaker’s license or permit (including any remote operator’s license or personal license) unless bongobongo.ke fails to implement the decision given by arbitration.
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the laws of Kenya.
By accepting these Terms and Conditions and/or placing bets and/or making use (whether authorised or not) of the facilities offered by bongobongo.ke (whether through Our Website or otherwise), you irrevocably agree that the courts of Kenya shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, bongobongo.ke shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.
Kenya Shillings (KES)
We accept bets for sporting events that are advertised on Our Website. All such bets are subject to the rules applicable to each game.
Where the official result of a market is a tie and no price was quoted for that eventuality, all bets on participants involved in the tie will be void and stakes will be returned.
The result of a match or event will be determined on the day of its conclusion for betting purposes, subject to confirmation by the relevant sport's governing body. Any subsequent enquiry that may result in an overturned decision will not be recognized by bongobongo.ke, and original settlement of bets will stand.
If the venue for a sporting event is changed, all bets placed based on the original venue will be made void and stakes refunded, unless otherwise stated.
The maximum winnings is Ksh 2,000,000 and is exclusive of stake, and is per user per 24 hour period. The maximum winnings are quoted in Kenya Shillings
What is the Bongobongo affiliate programme? Bongobongo's affiliate programme is a marketing system used by individuals and companies for the purposes of promoting a leading and reputable gambling company to their customer base in Kenya.
Once your affiliate application has been approved, you'll have access to Promotional Material which can be used to market the programme and used in subscriber-based emails. These include banners and promotional text which refresh automatically to advertise the latest event or promotion.
When you refer a customer to the Bongobongo website who fully registers and makes an initial deposit, you will earn up to 30% commission, based on any net win for the life of the customer.
Yes, the Bongobongo affiliate programme is completely free to join.
You'll benefit from a 30% profit share for every customer that you refer.
The betting and gaming activity of all your referred customers counts towards your commission. Currently, the affiliate programme statistics are updated at the end of each calendar month and will be emailed to you by the end of the 3rd working day of the following month.
For complete details, please refer to section 3 in the Terms and Conditions
Your affiliate account will have a negative balance if your customers win more than they lose. This may happen from time to time but generally the balance will be positive for most months.
For example, in month 3, your affiliate account might show negative earnings. You would not be asked to repay your commission from the previous month to offset this balance, however, you would be required to wait until new customers (or new activity on existing customers) results in positive net revenue for you to receive your next commission payment.
Your commission is a percentage of the net profit on your customers. If your net profit is negative or drops below what you have already been paid, you will not receive a new commission payment until your account balance returns to a positive position.
You will receive payments into your Bongobongo betting account. Payments are processed on the 3rd working day of each month up to and including payments due on the last day of the previous month.
Bongobongo defines this as a customer who registers with one or more of our products for the first time and makes an initial deposit using any one of the company's accepted payment methods.
Bongobongo should only be promoted in Kenya.
By referring sub-affiliates to us, you can earn a share of their profits. For more information talk to your Affiliate Manager.
("this Agreement" or "Affiliate programme").
1.1. Register your Customers
We will register your Customers and track their transactions. We reserve the right to refuse Customers (or to close their accounts) if necessary to comply with any requirements we may periodically establish. "Customer " means your visitors who joins our customer database by way of registering at our site www.bongobongo.ke. By opening an account with us, they will become our Customers and, accordingly, all of our rules, policies, and operating procedures will apply to them.
1.2.Track Customer's Play
We will track your Customers' bets and plays making available to you a report summarising their activities.
1.3. Pay a Referral Commission
Subject to clause 6, we will pay you referral commission ( "Referral Commission") of up to 30% of the net profit (defined below) we earn from players directed by you they open an account with us and wager for real money at www.bongobongo.ke.
We may modify any of the terms and conditions contained in this Agreement or replace it at any time and in our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available Referral Commissions and Affiliate programme rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in our affiliate programme following our posting of a change notice or new agreement on our site will constitute binding acceptance of the modification or of the new agreement.
1.5. Electronic Commerce
You acknowledge and agree that regulations 9(1) and 9(2) (information to be provided by electronic means), 11(1) (placing of the order) of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to or have any effect on this Agreement.
1.6 Your Application
To become a member of our affiliate programme you will need to accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting an online application form. The application form will form an integral part of this Agreement. We will in our sole discretion determine whether or not to accept your application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your application has been successful.
You shall not make any claims or representations, or give any warranties, in connection with us and you shall have no authority to, and shall not, bind us to any obligations.
2.2 Registering of Domain Names
You shall also refrain from registering (or applying to register) any domain name similar to any domain name used by or registered in the name Bongobongo, or any other name that could be understood to designate Bongobongo.
2.3 Agency Appointment
By this Agreement, we grant you the non-exclusive, non-assignable, right to direct Customers to our site in accordance with the terms and conditions of this Agreement. This Agreement does not grant you an exclusive right or privilege to assist us in the provision of services arising from your referrals, and we obviously intend to contract with and obtain the assistance of others at any time to perform services of the same or similar nature as yours. You shall have no claim to Referral Commission or other compensation on business secured by or through persons or entities other than you.
2.4 Approved Layouts
You will only use our approved advertising creative and will not alter their appearance nor refer to us in any promotional materials other than those that are available from www.bongobongo.ke.
2.5 Good Faith
You will not knowingly benefit from known or suspected traffic not generated in good faith whether or not it actually causes us damage. We reserve the right to retain all amounts otherwise due to you under this Agreement if we have reasonable cause to believe of such traffic.
We reserve the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any Bongobongo offers or promotions whether with or without your knowledge. Such situations to include but not be limited to different customers betting both sides of an event or market so as to limit risk and claim bonuses.
No affiliation can be made between your site and the Bongobongo Website.
2.7 Licence to use Marks
We hereby grant to you a non-exclusive, non-transferable licence, during the term of this Agreement, to use our trade name, trade marks, service marks, logos and any other designations, which we may from time to time approve ("Marks") solely in connection with the display of the promotional materials on. This licence cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Marks is limited to and arises only out of this licence. You shall not assert the invalidity, unenforceability, or contest the ownership of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Marks by any third party.
2.8 Confidential Information
During the term of this Agreement, you may be entrusted with confidential information relating to our business, operations, or underlying technology and/or the Affiliate programme (including, for example, Referral Commissions earned by you under the Affiliate programme). You agree to avoid disclosure or unauthorised use of any such confidential information to third persons or outside parties unless you have our prior written consent and that you will use the confidential information only for purposes necessary to further the purposes of this Agreement. Your obligations with respect to confidential information shall survive the termination of this Agreement.
2.9 Data Protection
You shall at all times comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any other related or similar legislation.
3.1 The Referral Commission
Subject to clause 6, you will earn Referral Commission of up to 30% based on the net profit of your referred Customers. Net profit is defined as:
We retain the right to change the Referral Commission percentage and method of calculation of Referral Commission as we wish in accordance with clause 1.4.
3.2 Payable Commission Calculations
Affiliates are eligible for payment on the balance of their earnings.
4.1 Referral Fee Payout Requests
Your Bongobongo affiliate account must have a minimum of 3 active referred Customers before you will be eligible for Referral Commission payment. Subject to clause 6, you are entitled to one payout per month, providing you have fulfilled the above Customer requirement at the end of the preceding month.
Payout requests for any calendar month’s Referral Commissions may be made anytime from the start of the fourth day of the following calendar month.
The minimum payout request for earned Referral Commission per month is KES 2,500 (KES only). There is no maximum limit.Payouts will to your nominated Bongobongo account. You may withdraw money via your choice of any of the payment methods supported by Bongobongo.
An active referred Customer is defined as introduced by you has registered as a customer, deposited funds to their customer account and conducted betting or playing activity Bongobongo.
5.1 Term and Termination
The term of this Agreement will begin when you are approved as an affiliate and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement will be terminated immediately. Termination is at will, with or without reason, by either party. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Upon termination you must remove all of our promotional materials. All rights and licenses given to you in this Agreement shall immediately terminate. You will return to us any confidential information and all copies of it in your possession, custody and control and will cease all uses of our Marks.
5.3 Unsuitable Sites
We may terminate this Agreement if we determine (in our sole discretion) that your site is unsuitable. Unsuitable sites include, but are not limited to, those that: are aimed at children, display pornography or other illegal sexual acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote illegal activities or violate intellectual property rights or breach any relevant advertising regulations or codes of practice.
5.4 Duplicate Accounts and Self Referrals
You shall not open more than one affiliate account without our prior written consent nor will you earn commission on your own or related person's Bongobongo account.
You shall incorporate and prominently and continually display the most up-to-date links provided by us on all pages of your website in a manner and location agreed by us and you shall not alter the form, location or operation of the links without our prior written consent. You are eligible for Referral Commissions based upon your continued promotion of Bongobongo. We reserve the right to reduce Referral Commission percentages if you reduce your efforts to recruit new Customers. Your reduced or suspended promotion of our sites will be deemed to represent your termination of this Agreement.
We and you are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that would contradict anything in this Agreement.
You shall defend, indemnify, and hold us, our directors, employees and representatives harmless from and against any and all liabilities, losses, damages and costs, including legal fees, resulting from, arising out of, or in any way connected with (a) any breach by you of any warranty, representation or term contained in this Agreement, (b) the performance of your duties and obligations under this Agreement, (c) your negligence or (d) any injury caused directly or indirectly by your negligent or intentional acts or omissions, or the unauthorised use of our banners and links or this Affiliate programme.
We make no express or implied warranties or representations with respect to the Affiliate programme, about ourselves or the Referral Commission payment arrangements (including, without limitation, functionality, warranties of fitness, merchantability, legality or non-infringement), and do not express nor imply any warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our sites will be uninterrupted or error-free and will not be liable for the consequences if there are any. In the event of a discrepancy between the reports offered by email and the Bongobongo database, the database shall be deemed accurate.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the affiliate programme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the affiliate programme will not exceed the total Referral Commissions paid or payable to you under this Agreement. Nothing in this Agreement shall be construed to provide any rights, remedies or benefits to any person or entity not a party to this Agreement. Our obligations under this Agreement do not constitute personal obligations of our directors, employees or shareholders. Any liability arising under this Agreement shall be satisfied solely from the Referral Commission generated and is limited to direct damages.
You acknowledge that you have read this Agreement and agree to all its Terms and Conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate or contract with websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in this Affiliate programme and are not relying on any representation, guarantee, or statement other than as set out in this Agreement.
12.1 Governing Law
The laws of England will govern this Agreement, without reference to rules governing choice of law. Any action relating to this Agreement must be brought in England and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against you and us and our respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. No modifications, additions, deletions or interlineations of this Agreement are permitted or will be recognised by us. None of our employees or agents has any authority to make or to agree to any alterations or modifications to this Agreement or its terms.
Our rights and remedies hereunder shall not be mutually exclusive, that is to say that the exercise of one or more of the provisions of this Agreement shall not preclude the exercise of any other provision. You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, its being the intention of this provision to make clear that our rights shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof. No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective.
Bongobongo reserves the right to amend, cancel, reclaim or refuse the award of any free bet at its own discretion.
The Promotion is not available to any employee of Bongobongo or their direct family members, or any employees of any business associated with the provision of Sports betting and its support services connected with Bongobongo, or their direct family.
Prizes are not transferable.
Bongobongo reserves the right to exclude, or otherwise remove players, from participation in the Promotion if the circumstances warrant such exclusion in the sole opinion of Bongobongo.
Bongobongo reserves the right to review transaction records and logs from time to time, for any reason whatsoever. If, upon such review, it appears that the player is participating in strategies that Bongobongo in its sole discretion deems to be cheating or abusing the rules of the game, Bongobongo reserves the right to revoke the entitlement of such a player to the Promotion.
Furthermore, if upon such review the player's practices have been deemed by Us to be Promotion Abuse Bongobongo has the right to take the following actions, as its sole discretion, against such abusers:
All winnings on any account/s opened will be null and void and all cash-ins will be cancelled where play has been deemed abusive.
Abusing player accounts may be terminated immediately.
Players found to be abusing promotions may be barred from receiving further promotional offers on the website
In order to qualify for a winning prize the account must be active and not be closed or otherwise suspended by Bongobongo.
The Promotion is only open to people aged 18 or over and who have been verified as being over the age of 18 and completed all account verification procedures to qualify for any prize. It shall be the responsibility of entrants to make their own enquiries as to whether such activity is permissible in their own jurisdiction. Each entrant should ensure that he or she would be acting legally in that jurisdiction in entering the Promotion. Additional verification of identity may be required or requested at any time.
Bongobongo shall not be liable for technical, hardware or software failures of any kind or lost or unavailable network conditions which may limit or prohibit ability to enter or participate in the Promotion.
Bongobongo reserves the right to cancel this Promotion or amend these Terms and Conditions without liability and without notice, and it is the responsibility of the player to periodically check for any such updates or cancellations.
The general Terms and Conditions of www.bongobongo.ke shall apply.