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INTRODUCTION

These terms and conditions are the terms on which the Services (as defined below) are made available to you. We provide the Services via our Website. These terms and conditions apply to your use of the Services accessed via the Website. “Website” means the domain https://palacebet.co.za, any subdomains or related domains you may be redirected to, or any of our downloadable mobile applications.

In addition, there are separate sets of rules which apply to the various products which are made available on the Website, which can be found under the Rules tab on the applicable section of the Website.

The terms and conditions and the rules are collectively referred to as “the Terms”.

In addition to the Terms, you should also read our Privacy Policy carefully, which sets out how we collect and use your personal information.

All references to "we", the "Company", "us", and "our" in the Terms shall be read as referring to Palacebet. In the Terms, we will refer to you as "you" and/or "your" or “user” or “customer”.

Before accessing and/or using the Website and/or Services, it is essential to ensure that you read and understand the Terms and the Privacy Policy. By registering and opening an account, and by using the Website and/or the Services you agree to be bound by the said Terms and the Privacy Policy. If you do not accept the Terms and/or the Privacy Policy, you should not access or use the Website and/or the Services.

These Terms may be amended from time to time for a number of reasons (including to comply with applicable legislative and regulatory requirements). All amendments to the Terms will be incorporated into the Terms published on the website as soon as they have been brought into effect.

It is your responsibility to ensure that you remain familiar with the Terms, as amended from time to time. If any change to the Terms is unacceptable to you, you should immediately cease using the Website and the Services. If, however, you continue to use the Website or the Services on or after the date on which the changes to the Terms come into effect, you will be deemed to have accepted those changes and will be bound thereby.

By accessing the Website or using the Services, you are contracting with Peermont Global (Proprietary) Limited (a company duly incorporated in the Republic of South Africa, with company registration number: 2006/006340/07), trading as “Palacebet”, with its principal place of business at [Cape Town Address] ("Palacebet"). Palacebet is the holder of a bookmaker licence issued by the Western Cape Gambling and Racing Board (“the Regulator”).

The use of this Website will enable you to make use of the Services, by placing bets on the outcome of any event or contingency on which Palacebet makes betting available under its bookmaker licence.

1. ELIGIBILITY TO BET

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

1. is a natural person (companies, close corporations and other corporate entities will not be permitted to engage in betting with Palacebet);
2. is at least 18 years of age;
3. is ordinarily resident in South Africa;
4. is the holder of a banking account with a financial institution in South Africa;
5. has completed in full an online registration form and been accepted as a betting account holder by Palacebet;
6. is not listed on the register of excluded persons referred to in section 14 of the National Gambling Act, 2004, and
7. is not in breach of these Terms.

Any person who completes the online registration form warrants thereby that he/she has read, understood and accepted these Terms; and will be deemed thereby to have made an application requesting Palacebet to –

1. conclude an agreement in accordance with these Terms for the provision of a betting service to such person (hereinafter “the Customer”);
2. for the purposes of paragraph (i), to establish a betting account in the name of the Customer,

which application shall be deemed to have been granted, and the which account shall be deemed to have been opened, if Palacebet informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed online registration form.

2. ACCOUNT INFORMATION

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

Palacebet –

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

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

1. not apply for or hold more than one account with Palacebet;
2. not apply for an account in the name of or on behalf of any other person;
3. not access the Services by making use of a betting account other than his/her own betting account, and
4. not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, user name or personal identification number as is or may be in place in respect of his/her betting account from time to time,

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

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

3. OPENING A BETTING ACCOUNT: FICA AND RELATED REQUIREMENTS

3.1 In order to open a betting account, the Customer must complete the online registration form available on the Website accurately and in full.

For the purposes of the registration process, the Customer will be required to furnish Palacebet with his/her –

1. Full Names;
2. Residential Address;
3. South African Identity Number or Passport Number;
4. If the Customer is the holder of a foreign passport, the nationality and Passport Number in respect of that passport, together with proof that the Customer is ordinarily resident in South Africa and is the holder of a banking account with a financial institution in South Africa;
5. South African mobile phone number, and
6. E-mail address.

In addition, as part of the registration process, the Customer will be required to disclose the source of the funds to be used for the purposes of operating the betting account.

In terms of the Financial Intelligence Centre Act, No. 38 of 2001 (“FICA”), Palacebet is classified as an “accountable institution”. Accordingly, under FICA, Palacebet is obliged to –

1. establish and verify the identity of any Customer prior to establishing a betting account for that Customer;
2. establish the source of the funds to be used by the Customer for the purposes of operating the betting account;
3. take reasonable measures to ensure that any Customer’s betting account is used solely for the purpose of the conclusion of bona fide betting transactions between the Customer and Palacebet;
4. put in place adequate safeguards to ensure that such funds as are deposited into and withdrawn from the Customer’s betting account, originally emanate from, and ultimately accrue to, no person other than the Customer himself/herself, and
5. take such further measures as are reasonably required to ensure that the betting account is not used, and will not be capable of being used, as a vehicle for money-laundering, terrorist-financing and/or related activities

3.5 By completing our online registration form, the Customer confirms and irrevocably consents that Palacebet shall be entitled to conduct such identification, credit and other verification and/or screening or security checks (including, but not limited to, verifying the Customer’s source of funds) that Palacebet may choose to perform and/or is required to perform by applicable legislation, any regulatory authority having jurisdiction and/or the Regulator. The Customer further consents that as part of the registration process, and at any time during the period for which the Customer may be the holder of a betting account with Palacebet, Palacebet may supply the identifying details and any related particulars provided by the Customer to third-party service providers, including, without limitation, identity verification and/or screening agencies, cellular network providers, financial institutions, credit bureaux and national and/or provincial governmental agencies or statutory bodies.

3.6 Pursuant to the fulfilment of our obligations under FICA, the Customer may be required, at the time of the registration process, or at any stage during the period for which he/she holds a betting account with Palacebet, to furnish Palacebet with a copy of his/her identity documents (i.e. a copy of an identity document and/or passport which must be legible and valid), proof of physical address in the nature of a statement/invoice of account (rendered by a City Council or Municipality or a bank in the case of mortgaged property) and proof of bank account details (which statements shall not be older than three (3) months). Palacebet shall advise the Customer which documents it may require for this purpose. Failure on the part of the Customer to provide any such document within the timeframe specified by Palacebet for this purpose –

1. if required as part of the registration process, will result in the suspension of the registration process, with no betting account being created for the Customer until such time as the information is provided to the satisfaction of Palacebet, or
2. if required at any stage during the period for which the Customer is the holder of a betting account, will result in the suspension (freezing) of the betting account until such time as the information is provided to the satisfaction of Palacebet, or the permanent termination of the betting account, in the event that the Customer neglects or refuses to provide the relevant information.

3.7 As part of the registration process, the Customer will be prompted to select a dedicated user name and secure password in respect of the betting account. Every user name will be validated for uniqueness, length and complexity.

3.8 Once all required verification procedures have been successfully completed, the betting account will be created, and Palacebet will transmit a message to Customer by e-mail, confirming the establishment of the betting account in the name of the Customer.

4. CONTINGENCIES ON WHICH BETTING IS OFFERED

4.1 Palacebet shall, in its sole discretion, subject to all required regulatory approvals, determine the markets, events or contingencies on which betting shall be offered by it.

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

4.3 Palacebet may determine minimum or maximum amounts that a Customer may win or lose in respect of a bet, whether in general or in any given case, or in respect of any specified period of time. These limits shall be published on the Website. It shall be the responsibility of the Customer to establish, before placing a bet on a market, whether such maximum or minimum is applicable to that market and, if so, the extent thereof.

4.4 Palacebet may, in its sole discretion, from time to time offer the opportunity to Customer’s to place bets during the course of a certain event (“bets in-running”).

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

5. PROCEDURE FOR PLACING BETS

5.1 The Customer shall place his/her bets via the internet, or through such other electronic media as may be made available by Palacebet.

5.2 Any betting transaction between Palacebet and the Customer shall be valid only once such bet has been accepted by Palacebet. The acceptance of a bet by Palacebet shall be evidenced by the issue of an electronic betting slip containing a unique transaction code. Bets which do not contain a unique transaction code will not be valid and will not be honoured by Palacebet. All valid bets concluded between Palacebet and the Customer can be identified and tracked by the Customer by clicking on the My Bets link. Any such bet will be deemed to have been placed at the licensed premises from which Palacebet conducts its operations.

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

5.4 The Customer shall bear the responsibility of ensuring that all bets are accurately recorded by Palacebet.

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

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

5.7 The placement of a bet on any given event or contingency signifies the Customer’s acceptance of the Rules published by Palacebet in respect thereof and of these Terms.

5.8 All single and/or multiple fixed odds betting transactions on sporting events shall be subject to the maximum win limits and minimum bet amounts set forth in the Table below, both in respect of pre-match and live (in-running) betting. These limits apply per Customer in respect of winning tickets presented during any day. Palacebet may change these limits from time to time and any such changes shall be published on the Website. The onus is on the Customer to ensure that before placing any bet, he/she is aware of the prevailing limits set in respect thereof.

5.9 The Customer hereby agrees not to transact the same betting transaction in concert with any another person, with a view to circumventing the limits. Should the Customer be found to have done so, then the Customer acknowledges that Palacebet will have the right, in its sole and unfettered discretion, to cancel the original and any other similar betting transactions to which the Customer is a party i.e. before any of the events indicated in the betting transaction have commenced and/or during or after any of the events have commenced and/or have been completed. In such circumstances, the Customer will only be entitled to a refund of the amount staked and, for the avoidance of doubt, will not be entitled to claim any amount should the relevant betting transaction have been successful, whether in whole or in part.

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

5.11 Any bet alleged to have been placed in respect of which the details are not reflected on Palacebet’s approved wagering software will not be recognized by Palacebet.

5.12 The time of acceptance of a bet shall be the time at which such bet was recorded on Palacebet’s approved wagering software.

5.13 Any bet accepted after the “off” or starting time of the event on which such bet is struck (other than valid bets in-running) shall be null and void and of no force or effect. Any bet taken on any contingency (whether in-running or not) of which the result was already known (in any manner available in the public domain) at the time of the placement of such bet, will be voided/cancelled by Palacebet.

5.14 Additional or new markets may be made available by Palacebet from time to time. It is the responsibility of the Customer to read the "Market Rules" applicable before placing any bets on those markets.

6. DEPOSITS BY THE CUSTOMER

6.1 Once the betting account has been created, the Customer may make deposits into his/her betting account by way of –

1. Instant electronic funds transfer (“EFT”);
2. Credit card, and/or
3. Such other alternative secure payment method as may be accepted by the bookmaker from time to time.

6.2 Depending on the payment method selected, deposits may incur charges or processing fees from third parties. The Customer acknowledges and accepts that his/her bank may independently charge him/her for bank wire transfers and other methods of payment.

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

6.4 Palacebet shall debit the Customer’s account in respect of bets accepted by Palacebet on an ongoing basis, and the Customer authorises Palacebet to deduct all such amounts, including any applicable administration charges and fees stipulated in the Terms.

6.5. Palacebet may impose different minimum and maximum amounts for deposits and stakes over a particular period of time. Any such deposit or stake limit imposed will be recorded on the Website.

6.6 Acceptance by Palacebet of a bet over the stipulated deposit limit shall not constitute a waiver of its rights –

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

6.7. A Customer may only deposit funds into his/her betting account from a banking account of which the Customer is the named account holder or by a payment method which is secured by a pin code, password or another identity verification process. The Customer may change his/her payment method, provided Palacebet is satisfied that the applicable verification checks set out in these Terms are met. If the Customer’s chosen payment method does not meet the above requirements, Palacebet –

1. shall not permit the Customer to change his/her payment method in the manner requested, and/or
2. may treat any deposits into the betting account which have been made in this manner as being invalid, and any bets or wagers made against such deposit as being void. Upon the request of the Customer, or in such manner as may be required by law, Palacebet will return all such deposited amounts to the source from which they were received.

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

6.9. If, owing to a system malfunction or for any other reason, Palacebet accepts a bet referred to in Clause 6.8, it shall be entitled at its election either prior to, during or after the outcome of the event or contingency upon which the bet was placed –

1. to honour the bet;
2. to void the bet and refund the Customer’s stake in respect of the bet without regard to any winnings thereon, or
3. to restrict the size of any stake without notification to the Customer, to ensure that the credit limit or deposit, as the case may be, is not exceeded.

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

6.11. The Customer acknowledges and agrees that Palacebet may, at any time, set-off any positive balances in his/her account against any amount owed by him/her to Palacebet.

6.12. No interest shall accrue on any deposits held by Palacebet.

7. WITHDRAWALS BY THE CUSTOMER

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

7.2. Amounts standing to the credit of a Customer’s betting account may be withdrawn by the Customer, by selecting the function “Withdrawal” on the Website or mobile application. In each such case, the Customer will be prompted to populate a series of fields displayed with the identifying details of the account into which payment is requested to be made, including the name of the account holder, the name and branch code of the financial institution and the account number.

7.3. Prior to releasing any funds out of the betting account, Palacebet will require the Customer to upload proof of his/her banking account details, issued by the relevant bank. Where required, Palacebet may perform an online proof-of-banking verification, in order to confirm that the account to which withdrawals from the betting account will be transferred is an account in the name of the Customer.

7.4 In certain circumstances or in relation to certain payment methods, Palacebet may require additional documents from the Customer before processing a requested withdrawal. Palacebet will notify the Customer should it require such information shortly after receipt of the withdrawal request.

7.5 Palacebet may impose different minimum and maximum amounts for withdrawals over a particular period of time. Any such withdrawal limit imposed will be recorded on the Website

7.6 Withdrawals processing may take up to five (5) business days.

7.7 If a Customer makes a deposit and has not fully bet an amount equal to the value of the such deposit before requesting a withdrawal, Palacebet may apply a charge of 5% of the amount requested to be withdrawn (up to a maximum of R90-00 (Ninety Rands)). This charge will be applied to the balance of the Customer’s account or the value of the withdrawal requested to cover all reasonable costs incurred by Palacebet relating to both the deposit and withdrawal. Palacebet may withhold any withdrawal requests for due diligence purposes, until it receives a satisfactory sufficient explanation from the Customer as to why the full amount deposited was not played prior to the withdrawal request.

7.8 While withdrawals will generally be processed in accordance with the choice of withdrawal method provided by the Customer, Palacebet reserves the right, at any time, to make the final decision on the choice of withdrawal method. Depending on the choice of withdrawal method, withdrawals may result in fees payable to a third party, such as banks and financial institutions. Information about applicable fees from time to time is provided on the Website. The Customer understands and accepts that such fees and other fees payable to third parties shall be paid by him/her.

7.9 Before any withdrawals are processed, Palacebet may request the Customer to upload a valid form of identification, for example a copy of a valid ID document and/or passport, driver’s licence or any other valid document of identification. As a result of these checks, there may be a short delay in the processing of the withdrawal. Palacebet reserves the right, in its sole discretion, to determine which forms of identification shall be accepted. If a Customer has deposited funds via credit cards or Instant EFT or has requested a withdrawal to be paid into a credit card or cheque account, Palacebet may request copies of both the front side and the back side of the relevant card.

On receipt of a request for withdrawal, Palacebet shall –

1. perform such investigation as may be required to confirm that the amount requested by the Customer, after effecting all deductions or adjustments which may be required, is available to be transferred from the Customer’s betting account into the banking or credit card account nominated by the Customer for this purpose;
2. if the requested amount is not available in the Customer’s betting account, inform the Customer in such manner as Palacebet may deem fit, that the request has been declined;
3. in the event that the requested amount is available in the Customer’s betting account, after confirming the availability of the amount, effect the electronic transfer of the requested amount from the betting account of the Customer into the account nominated by the Customer; provided that, for the purposes of this Clause, Palacebet shall be deemed to have fully complied with its obligation to effect such transfer at the time of giving the instruction to its bankers to effect such transfer, and
4. immediately reduce the balance standing to the credit of the betting account of the Customer by the amount so transferred.

Any free bets, bonuses or winnings credited to the betting account of a Customer in error may not be used by the Customer, and, in such cases, Palacebet may void any transactions performed by the Customer making use of such funds and/or withdraw the relevant amount from the Customer’s betting account, whether at the time that the transactions take place, or retrospectively when it becomes aware of such error.

8. MONITORING OF BETTING ACCOUNT ACTIVITY

8.1 Palacebet is entitled, and legally obliged, to monitor all customer activity for irregular or unlawful activity and suspicious or unusual betting account management. Any such activity may result in the immediate termination of a Customer’s betting account.

8.2 Palacebet may withhold the payment of winnings and/or declare bets on an event void and/or immediately terminate a Customer’s betting account if there is evidence –

1. of the misuse or abuse by the Customer of bugs, glitches or errors of the Services;
2. of the use by the Customer of bots or any other form of artificial intelligence;
3. that the Customer has hacked, attacked or abused the Services or any servers, software or other components of the Services;
4. that the Customer has used VPNs or other software to circumvent any geographic limitations applicable to the Services;
5. that the Customer has participated in, aided or facilitated criminal, fraudulent and/or illegal activity of any kind;
6. that the integrity of the event on which betting has been struck is called into question;
7. that the odds or prices in respect of an event of which betting has been struck have been improperly manipulated;
8. that match rigging, collusion, match fixing, cheating or other unethical activity has taken place, and/or
9. that the Customer is prohibited from engaging in betting by any term of his/her employment contract, any law or any rule of a sporting governing body applicable to the Customer.

8.3. If any suspicious or potentially activity is noted in respect of any aspect of the management of a betting account, Palacebet may request the Customer to provide it with additional identifying information and/or an explanation for such activity and/or additional supporting evidence in relation to any such explanation furnished by the Customer. If any further information requested by Palacebet, as contemplated in this Clause, is not provided to the satisfaction of Palacebet, Palacebet may terminate the Customer’s betting account with immediate effect.

9. USE OF THE WEBSITE

9.1 Information accessed by the Customer on the Website is for the personal use of the Customer only, and the distribution or commercial exploitation of such information is strictly prohibited. No guarantee is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use.

9.2 The Customer’s computer equipment or mobile device and internet connection may affect the performance and/or operation of the Website. Palacebet does not warrant that the Website will operate without faults or errors or that the Services will be provided without interruption, and does not accept any liability for any failures or issues that arise due to the Customer’s equipment, internet connection or internet or telecommunications service provider (including, for example, if the Customer is unable to use the Services or to view or receive certain information in relation to particular events).

9.3 In order to use certain products offered on the Website, the Customer may be required to download software. This may be software provided by Palacebet or by a third party. To use third-party software, the Customer may be required to agree to additional terms and conditions governing the use of such software. If the Customer does not accept those third-party terms and conditions, he/she should not use the relevant third-party software. Palacebet does not accept any liability in respect of any third-party software.

9.4 The Customer is only permitted to use software made available to him/her via the Website for the purpose of using the products made available on the Website and, save to the extent permitted by applicable law, for no other purposes whatsoever.

9.5 Palacebet grants to the Customer a personal, non-exclusive, non-transferable, limited and revocable right to use the relevant software, for the sole purpose of using the Services on the following terms:

1. The Customer is not permitted to –
   1. install or load the software on to 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;
   2. sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in the Terms) his/her licence to use the software, or make or distribute copies of the software;
   3. enter, access or attempt to enter or access or otherwise bypass Palacebet’s security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Website or attempt to make any changes to the software and/or any features or components thereof;
   4. copy or translate any user documentation provided 'online' or in electronic format. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs;
   5. translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software, or
   6. 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;
2. he Customer does not own the software or any part thereof. The software is owned and is the exclusive property of Palacebet or a third-party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to Palacebet are proprietary products of the Software Provider and protected throughout the world by copyright law. The Customer’s use of the software does not confer on him/her ownership of any intellectual property rights in the software or any part thereof;
3. The software is provided "as is" without any warranties, conditions, undertakings or representations, and Palacebet does not warrant that –
   1. the software will meet the Customer’s requirements;
   2. the software will not infringe any third party’s intellectual property rights;
   3. the operation of the software will be error free or uninterrupted;
   4. any defects in the software will be corrected, or
   5. the software or the servers are virus-free;
4. If there are communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither Palacebet nor the Software Provider will have any liability to the Customer or to any third party in respect of such errors. Palacebet may, in the event of such errors, remove all relevant products from the Website and take any other action to correct such errors.

9.6 The Customer acknowledges that the manner in which he/she uses the software is beyond the control of Palacebet and at his/her own risk.

9.7 The software may include confidential information which is secret and valuable to the Software Provider and/or to Palacebet. The Customer is not entitled to use or disclose that confidential information other than strictly in accordance with the Terms.

9.8 While Palacebet endeavours to ensure that the Website is available 24 hours a day, it shall not be liable if for any reason the Website is unavailable at any time or for any period. Palacebet may make changes or corrections to or alter, suspend or discontinue any aspect of the Website and the content or services or products available through it, including the Customer’s access to it.

9.9 The Customer must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other software which is malicious or technically harmful. In particular, the Customer must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party.

9.10 The Customer must not attack the Website via a denial-of-service attack. Save where Palacebet has not taken reasonable steps, it 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 the Customer’s computer equipment, computer programs, data or other proprietary material due to the Customer’s use of the Website, software or to downloading by the Customer of any material posted on it, or on any website linked to it.

10. THIRD-PARTY CONTENT

10.1 Palacebet receives content from several suppliers. Certain third-party product providers may require the Customer to agree to additional terms and conditions governing the use of their content. If the Customer does not accept the third-party terms and conditions, then he/she must not use the relevant third-party content.

10.2 Palacebet does not accept any liability in respect of any third-party content.

10.3 Where the Website contains links to third-party websites and resources, these links are provided for the Customer’s information only. Palacebet 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 the Customer’s use of them. The inclusion of a link to a third-party website does not constitute an endorsement by Palacebet of that third-party’s website, product or services.

11. INTELLECTUAL PROPERTY

11.1 Use of the Website and its contents grants the Customer no rights in relation to the intellectual property rights of Palacebet, including, without limitation, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.

11.2 The Customer may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other to the extent required to use the Services. Subject to the above, the Customer may download insubstantial excerpts of this content to his/her hard disk for the purpose of viewing it, provided that no more than one copy of any information is made.

11.3 If the Customer makes use of any feature allowing him/her to upload material, information, comments, postings or other content to the Website ("User Content"), then the User Content will be considered to be non-confidential and non-proprietary and Palacebet shall have the right to use, copy, distribute and disclose to third parties any User Content for any purpose. Palacebet shall also have the right to disclose the identity of the Customer to any third party who is claiming that any User Content posted or uploaded by that Customer to the Website constitutes a violation of their intellectual property rights or of their right to privacy. Palacebet has the right to remove, amend or edit any User Content contributed to the Website by the Customer.

12. ERRORS

12.1 While every attempt is made to eliminate the potential for error, in some instances errors may still occur. "Manifest errors" include cases where, as a result of a human error, computer malfunction or system error –

1. a bet is accepted at a price which is materially different from the price generally available in the open market at the time that the bet is struck, or is clearly incorrect taking into account the likelihood of the result occurring and/or disparities in the prices quoted in respect of other bet types involving the same subject;
2. a bet (other than a bet in-running) has erroneously been accepted after the commencement of the event on which such bet has been struck;
3. the amount of winnings paid to the Customer has been miscalculated, or
4. a bet has been accepted in a form or on terms which are in conflict with the applicable Rules.

12.2 In the case of a Manifest Error, Palacebet may –

1. correct the error and resettle the bet at the correct price or terms which should have applied when the bet was placed, or
2. declare the bet void and return the amount staked to the Customer.

When it comes to the attention of Palacebet that a pricing error has occurred and where there is sufficient time to do so before the start of an event, Palacebet will endeavour to contact the Customer, and provide the Customer with the opportunity to cancel the bet.

13. PROOF OF INDEBTEDNESS

13.1 A certificate signed by any director, manager, assistant manager, trader or accountant of Palacebet (whose appointment and authority thereto need not be proved) stating the amount of the Customer’s indebtedness to Palacebet, shall be prima facie proof of such indebtedness.

14. TAXES AND LEVIES ON WINNING BETS

14.1. To the extent that Palacebet may offer betting on horseracing, all winning bets in respect of horseracing are subject to taxes and levies imposed by the relevant provincial government. Such Taxes and Levies shall be retained by Palacebet and paid over on behalf of the player.

15. TERMINATION

15.1. The Customer shall upon written notice to Palacebet be entitled to terminate its contractual relationship with Palacebet at any time after final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to Palacebet.

15.2. The Customer may terminate his/her betting account by sending an email to Customer Support located at [xxxxxxxxxxxxxx]. In such cases, termination shall take effect when Palacebet closes the Customer’s betting account, which shall occur within seven (7) calendar days after receipt by Palacebet of the Customer’s email. Such email will be deemed to have been received only once a confirmation e-mail is sent to the Customer by Palacebet, from which point the 7-day period will commence. During the pre-closing period, the Customer shall remain responsible for any activity on his/her betting account. Palacebet shall within a reasonable time after such termination, refund to the Customer the balance of any monies held by Palacebet on deposit for the Customer, after adjusting for losses, winnings and taxes.

15.3. The right to terminate a betting account is separate from the right the Customer has to exclude themselves from any further participation in betting on the Website, in which case Palacebet will close the Customer’s account for a limited time or permanently, as elected by the Customer, or as otherwise required by the applicable law.

15.4. Palacebet shall be entitled at any time temporarily to suspend or permanently to terminate, the furnishing of betting services to a Customer without providing any reason. Upon such suspension or termination –

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

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

16. BREACH

16.1 Should the Customer breach any of these Terms and fail to remedy such breach within 48 hours after receipt of written notice by Palacebet requiring the Customer to do so, Palacebet shall be entitled, without prejudice to any other rights it may have at law, forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer. In such event –

1. all amounts owing by the Customer to Palacebet shall become payable immediately; and
2. Palacebet shall have a lien and right of retention over all monies of the Customer on deposit with Palacebet, pending settlement of such damages as may have been suffered by Palacebet.

16.2 Notwithstanding the generality of the above, the Customer shall be deemed to be in default if –

1. the Customer commits any act of insolvency;
2. the estate of the Customer is sequestrated;
3. the Customer endeavours to compromise generally with his/her creditors;
4. the Customer’s name is listed on the Targeted Financial Sanctions list published and maintained by the Financial Intelligence Centre on its website, as updated from time to time, or on the United Nations 1267 List, and/or
5. the Customer’s name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.

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

17. LIMITATION OF LIABILITY

17.1. Whilst Palacebet endeavours to ensure that the information on the Website is correct, it does not warrant that the information and material on the Website will at all times be accurate or complete in every respect. The Website may contain typographical errors or other inaccuracies, or information that is out of date. Palacebet is under no obligation to update such material. The information and material on the Website are provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, the Customer is provided with access to the Website on the basis that all representations, express or implied warranties, conditions and other terms which, but for these Terms, might have applied in relation to the Website, are expressly excluded.

17.2. Subject to Clause 17.3, in no case shall the liability of Palacebet to the Customer exceed –

1. in respect of any winnings, the amount of winnings properly due to the Customer (subject to the maximums applicable to winnings); and
2. in respect of any other liability, the total amount wagered by the Customer during the preceding six (6) months, up to a maximum of R90 000-00.

17.3. The liability of Palacebet to the Customer for any damages sustained by the Customer from any cause whatsoever, including any damages arising out of the negligence of Palacebet or that of its servants, agents or sub-contractors, shall in any event and under all circumstances be limited –

1. in the event of damages relating to a bet, to the amount staked by the Customer in respect of such bet; or
2. in respect of the account of the Customer with Palacebet, to the credit balance of the relevant betting account at the time during which the damages are alleged to have occurred, after full adjustment for winnings, losses and taxes.

17.4. To the fullest extent permitted by law, Palacebet shall under no circumstances whatsoever be liable for any loss of profits, winnings or potential profits or winnings or any indirect or consequential damages sustained by the Customer, whether or not caused by the negligence of Palacebet, its agents or employees.

17.5. Palacebet shall not –

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

17.6. Insofar as any of the obligations of Palacebet under these Terms are carried out by any its servants, agents, sub-contractors, associates or subsidiaries, the provisions of this Clause shall apply mutatis mutandis and each of them shall be exempted accordingly.

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

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

18. RESOLUTION OF COMPLAINTS AND PATRON DISPUTES

18.1. If the Customer has any cause to complain about any aspect regarding the Services or any other activity performed by Palacebet, any such complaint should in the first instance be submitted to its Customer Services Team: Contact Us. Palacebet will deal with any complaint and as quickly as is reasonably possible. Both parties hereby agree to cooperate in good faith with each other to amicably resolve the said dispute, failing which the procedure set out below shall be followed.

18.2. In the event that a dispute arises between a Customer and Palacebet in relation to the liability of Palacebet to pay alleged winnings to the Customer, and that dispute cannot be resolved between the parties, the dispute may be referred to the Western Cape Gambling and Racing Board (“the Regulator”) for resolution, using the following contact particulars:

The Chief Executive Officer Western Cape Gambling and Racing Board
MWEB Building
100 Fairway Close
Parow, 7500
WESTERN CAPE
Telefax No.: 021 422 2614
Telephone No.: 021 480 7400
Email: complaints.compliance@wcgrb.co.za

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

18.4. The Customer may, however, of his/her own volition, refer a patron dispute to the Regulator for resolution.

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

18.6. If either Palacebet or the Customer is not satisfied with the resolution of the Regulator, such party may file a petition with the Regulator to hold a hearing to reconsider the resolution.

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

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

19. SELF-EXCLUSION

19.1. The Customer may, at any time, request that he/she be temporarily or permanently excluded from further participation in betting, and therefore use of the Services.

19.2. Any Customer who believes that he/she may have a gambling problem, is encouraged to complete the National Responsible Gambling Programme’s (“NRGP”) Online Checklist [here: https://responsiblegambling.org.za/self-check-quiz/] to help determine their vulnerability to gambling addiction. Seeking professional help can help to reduce the stress that is caused by problem gambling. The NRGP can be contacted on its Toll-Free Counseling Line at 0800 006 008 or via email helpline@responsiblegambling.org.za for confidential, free, and professional counseling. Customers are encouraged to visit the website of the South African Responsible Gambling Foundation, which contains comprehensive information about the NRGP and the procedures for Self-Exclusion [https://responsiblegambling.org.za/self-exclusion-2/].

19.3. If the Customer self-excludes, he/she is obliged to advise Palacebet in writing of such self-exclusion, whereupon Palacebet will immediately close the relevant betting account.

20. GENERAL TERMS AND CONDITIONS

20.1. Palacebet may assign, transfer, charge, sub-license or deal in any other manner with the Terms, or sub-contract any of its rights and obligations under the Terms, to any party, including any company within its greater group of companies.

20.2. Any notice to be given under the Terms must be in writing, in English, and may be served by hand delivery, recorded delivery, registered post or e-mail.

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

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

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

20.6. Any notice given in terms of Clause 20.2 which:

1. is delivered by hand to an officer or manager of the Palacebet during the normal business hours of the addressee at its domicilium citandi et executandi, shall be deemed to have been received by Palacebet at the time of delivery; or
2. is sent by recorded delivery or by pre-paid registered post to Palacebet at its domicilium citandi et executandi, shall be deemed to have been received by on the seventh day after the date of posting; or
3. is transmitted by telefax to Palacebet at its domicilium citandi et executandi, shall be deemed to have been received on the date reflected on the facsimile transmission confirmation generated by the addressor’s facsimile machine, or
4. is transmitted by e-mail, shall be deemed to have been received on the first business day following the date of transmission.

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

20.8. In respect of any litigation arising between the Customer and Palacebet, the Customer consents to the jurisdiction of the Magistrates Court which in terms of section 28 of the Magistrate’s Court Act, 1944 has jurisdiction over the Customer, in terms of section 45 of such Act.

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

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

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

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

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

20.14. Any bet placed by the Customer shall be governed by the applicable provisions of the Western Cape Gambling and Racing Act, No. 4 of 1996, and any Regulations and Rules made in terms thereof, as amended from time to time, copies of which are available on the Website. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.

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