v1ja
GENERAL TERMS & CONDITIONS
1. GENERAL TERMS AND CONDITIONS

1.1. In these Terms and Conditions, save as otherwise provided or the context otherwise requires "V1JA" means the Operator of the V1JA CARD GAMES platform in Kenya under a local company with registration number PVT-8LU9DPZ whose address for purposes hereof is at Nyayo Estate, Gate B road, Nairobi ("Company"), its successors in title and assigns and, where the context so requires, its agents, service providers, data processors, business partners including any entity that may provide technical support and ancillary services to the Company enable it to operate gaming and ancillary services or products.

1.2. This agreement establishes the Terms and Conditions that will govern the contractual relationship stakeween V1JA and you as a Registering/Participating Player with V1JA Card games. The Terms shall apply to account opening and gaming via all media/electronic platforms including but not limited to mobile devices, computers and laptops. You are required to accept these Terms and Conditions when registering for an account with V1JA and you are bound by these Terms and Conditions throughout the existence of the relationship. V1JA reserves the right to decline your registration/ participation without being bound to provide any reasons whatsoever at any time.

1.3. If you are an existing customer of V1JA, by accepting these Terms and Conditions, you hereby unconditionally and unequivocally authorise any data processor of V1JA or any third party (who previously held your personal data in its capacity as a data controller or in any other lawfully capacity) to share with the Company on your behalf your personal data held by such data processor, any third party or other source and further hereby give consent to V1JA to collect your personal data from such data processor, any third party or any other source whatsoever. Upon transfer of your personal data by, or collection from, any data processor, third party or any other source, the Company shall, with effect from the date of your acceptance of these Terms and Conditions become a data controller over your personal data received by it from such data processor, any third party or other source and shall be permitted to use and process your personal data in accordance with these Terms and Conditions and our Privacy Policy and thereupon your existing V1JA customer account will be transferred and activated by the Company.

1.4. These Terms and Conditions are categorized for ease of reference and understanding. It is important that you make yourself aware of these Terms and Conditions as a participating player. Reference to "you", "your", the "player", "customers", or "subscriber" is reference to any person using the gaming platform or the services and/ or any registered customer of V1JA. Reference to "V1JA", "the Company", "us", "our" "we" is reference to "V1JA" and or its successors in title and assigns and, where the context so requires, its agents, service providers, data processors, business partners including any entity that the Company may provide technical services to enable it to operate gaming and ancillary services or products.

1.5. V1JA reserves the right to change these Terms and Conditions at any time and without prior notice. V1JA will endeavour to inform you about major modifications to the Terms and Conditions. Nevertheless, it is your responsibility to regularly check for any changes. Should you, due to any possible changes, not wish to continue using the services of V1JA, or any data processor, you can withdraw uncommitted funds without penalty and close the account by sending an email to: care@v1ja.com, to that effect. A response will be sent to you within 48 hours confirming receipt of your decision to discontinue your engagement with the Company. Failure by you to receive a message for any reason whatsoever shall not be taken to mean that the Company has any continued obligation towards you from the date of your withdrawal.

1.6. The Company will respect your privacy in line with the Company's privacy policy ("Privacy Policy https://policy.V1JA.com/privacy_policy") which form an integral part of these Terms and Conditions and will endeavour to at all times preserve your information in the strictest confidence as it possibly can.
1.7. The Company will not disclose your personal information to third parties unless such disclosure:

(a) is required for the performance of this contract or for the processing of your requests including any request under paragraph 2;
(b) is a duty and/or legal obligation of the Company or any data processor acting for the Company;
(c) is required to enforce/ apply the Terms and Conditions and other related agreements;
(d) is necessary in order to protect the vital interests of the data subject or another natural person;
(e) is necessary for the performance of any task carried out by a public authority;
(f) is necessary for the exercise, by any person in the public interest, of any other functions of a public nature;
(g) is required to adequately protect our rights or property, including via the exchange of information with other companies and organizations for the purposes of information verification, fraud protection and credit risk reduction. Personal information that you provide may be disclosed to a credit reference agency, which may keep a record of the information;
(h) is in accordance and in compliance with the Privacy Policy; or
(i) for any other purpose duly authorised, permitted or envisaged under the Data Protection Act, 2019 of Kenya, Act No. 24 of 2019.

1.8. The contractual relationship stakeween you and the Company is governed by these Terms and Conditions and by the relevant and applicable Laws of Kenya, Kenya being the operational jurisdiction of the Company and its service/products where they will be offered directly to all its duly registered players and /or through its service providers and intermediaries.

1.9. By agreeing to these Terms and Conditions and where you play any game, or place stake, using the provided card games platforms, you accept and agree to be bound by these Terms and Conditions and any amendment or variation thereto and the rules which apply to the applicable products available from time to time. You are acknowledging that the Company shall retain the right to use from time to time, all data collected to carry out market survey/ campaign /research, send customer satisfaction questionnaires, market and promote its services and those of its affiliated companies.

1.10. The Company is not responsible for any consequences resulting from major incidents such as any strike, terrorist activities, political crisis, war, natural catastrophe and saturation of the telecommunication networks, cyber-attacks, hacking etc., which could lead to a total or partial access reduction to its services, loss of data by itself or by other contracted independent service providers on whom the Company will wholly or partially be reliant on to deliver the services.

2. OPERATIONAL FRAMEWORK

2.1. We use and process your data to provide the best possible online experience and gaming services to you. We will only process your personal data for the purpose of, and in accordance with, these Terms and Conditions and the Privacy Policy.

2.2. In providing services to you, V1JA may apply different structures and arrangements from time to time. In this regard, we may, from time to time, expand, reduce or alter the legal structure or arrangement of our business or the manner of providing the services and this may involve entering into service provision arrangements or joint ventures with other entities or the sale and/or the transfer of control of all or part of our business. We may seek to acquire other businesses or merge with them. Data provided by users will, where it is relevant to any part of our business so transferred or which form part of a joint venture or service provision arrangement, be transferred or merged or shared, along with that part and the new owner or newly controlling party or joint venture entity or service recipient will be permitted to use the data for the purposes for which it was originally collected in the same way as provided in these Terms and Conditions and our Privacy Policy.

2.3. We may share your data with other companies in our Group. Reference to “Group” include our affiliated companies conducting the same business including without limitation any parent company, any subsidiary, any company or entity which is a subsidiary of, or is for the time being directly or indirectly controlled by, the parent company; or any entity with which the Company has entered into a joint venture or service level agreement or similar instruments or other agreements for purposes of provision of gaming services and products and ancillary services to customers.

2.4. We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. Accordingly, we may use your personal data for marketing purposes based on the following personal data control mechanisms:

2.4.1. Promotional offers from us

2.4.1.1. We may use your identity, contact, technical, usage, profile data or any other personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

2.4.1.2. You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving marketing information. Such material may be sent to you by email AND/OR telephone AND/OR text message AND/OR post with information, news and offers on our products AND/OR services.

2.4.2. Third-Party Marketing

2.4.2.1. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

2.4.2.2. We will only send third party direct marketing communications to you via email, push notification,  text message or any other mode of communication with your consent if you opt in to receiving third party marketing communication. You have the right to withdraw consent to marketing at any time by contacting us.

2.4.3. Opting Out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the Website and checking or unchecking relevant boxes to adjust your marketing preferences OR by following the opt-out links on any marketing message sent to you OR by contacting us at any time.

3. ACCOUNT RULES

3.1. To apply for an account you must be of legal age (18 years and above) and register personally. The Company reserves the right to ask for proof of age from any customer and suspend their account until satisfactory documentation is provided. The name of the player MUST be the same as the name used when registering with the Company and must correspond with the registered mobile number. Where this is not the case, the relevant account might/will be suspended. Where an account is suspended, the relevant customer should contact us. All stakes that are placed prior to an account being suspended will stand-win or lose. Should any underage account owner be discovered at any point during the lifetime of the account, the account will immediately be closed indefinitely and all funds deposited to the account will be forfeited. In any such suspected circumstance, the Company may report the activity to the appropriate authorities and the player may suffer the consequences thereto. You agree to provide all such information as we require in connection with such verification checks. We shall be entitled to suspend or restrict your account in any manner that we may deem in our absolute discretion to be appropriate, until such time as the relevant checks are completed to our satisfaction.

3.2. You agree to abide by these "Terms and Conditions" at all times, and:

(a) not to act in the interests of any third party;
(b) not to utilize money obtained from ill-gotten means;
(c) not to credit accounts with bank/credit card/s you are not authorized to use;
(d) not to try to hack the Company’s Mobile service, Website and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override or manipulate the system or in any way commit fraud or any other crime;
(e) not to adopt any criminal behaviour against the Company, its affiliates, agents, service providers, its customers or any third party;
(f) not to mislead the Company by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one's identity, untruthful behaviour or hiding one's true location and/or age.

3.3. In the event that you breach one or more of the Account rules as mentioned in 3.1 and 3.2, the Company reserves the right to close your account and seize any available funds. In any such suspected circumstance, the Company may report the activity to the appropriate authorities and the player may suffer the consequences thereto. Contractual obligations will be honoured unless there is any breach of any of the Terms and Conditions on your part or breach of any international law and laws of Kenya. The specific games/products shall be strictly guided by these rules and guidelines herein and all other rules and guidelines that shall be issued from time to time by the Company. The products, guidelines and rules shall remain at all times the property of the Company.

3.4. At all times during the subsistence of your subscription/ participation, it is your responsibility to ensure that you are not infringing on any laws in your jurisdiction when opening an account and conducting business with the Company.

3.5. You must submit the correct information during your registration. You agree to update this information should there be any changes to your registration data.

3.6. The Company will accept no liability from third parties whatsoever, resulting from your providing incorrect or false data.

3.7. Each customer must open only one account. Should we identify any customer with more than one account, we reserve the right to close these accounts.

3.8. If the Company detects multiple accounts which have been setup deliberately with misleading information, have displayed criminal behaviour, or if the Company concludes that the account-owner has fraudulent intentions, the Company shall be entitled to close the accounts and confiscate all funds, including the initial deposit. In any such suspected circumstance, the Company will report the activity to the appropriate authorities and the player may suffer the consequences thereto. If you nominate another person as an authorized user of your account, you shall be responsible for all transactions such person makes using the relevant account details. Should you lose your account details or feel that someone else may have your account details, please contact us immediately. The Company will however not be responsible for any loss or damage that you may suffer as a result of transaction made by that other person. Please note that personal registration details and any other sensitive data should never be shared with third parties or sent to us in any unencrypted form.

3.9. The Company manages players' accounts and calculates available funds, pending funds, stakes, any applicable tax, as well as the amount of the winnings. Unless proven otherwise as a result of manifest error, these amounts are considered as final and are not subject to challenge.

3.10. All account transactions are performed in Kenya Shillings. No interest is paid on any funds, irrespective of the amount held in your account or any delay in remitting funds in your account for any reason.

3.11. The Company is not a financial institution and shall not be used as an intermediary to transfer funds, used or unused with or without ill intentions as well as using the Company as a currency exchange bureau. Should you conduct account activities for these purposes, the Company reserves the right to close your account and/or seize any available funds available in the account. Contractual obligations will be honoured unless there is a breach of any of the Terms and Conditions. No credit will be offered by the Company or from any employee of the Company, and all stakes must be supported by sufficient funds in the customer's account. The Company reserves the right to void any stake which may have inadvertently been accepted when the account did not have sufficient funds. Should funds be credited to a customer's account in error, it is the customer's responsibility to inform the Company without delay. The Company will recover such funds by account adjustment.

3.12. The Company does not tolerate abusive, aggressive or obscene language/ behaviour towards representatives of the Company across any of our support platforms (chat, email, telephone, outlets). Should you decide to communicate with us in this manner, you will be denied access to any and all of our support platforms and the Company may report any such acts to the relevant authorities for action.

3.13. You must keep your login ID, PIN and/or password secret at all times. It is your sole responsibility to ensure that your login information is kept secure. Should you suspect that your login information is no longer secure you are required to immediately contact the Company by emailing care@V1JA.com as well as change your security details immediately. If at any time your account is accessed and used by a third-party without your prior consent, the Company is not liable for any consequences that may occur.

3.14. Your login number must be your registered telephone (mobile) number.

3.15. Selling and/or transferring and/or, acquiring of accounts to/from other players, is prohibited. Any such action will lead to closure of the account and forfeiture of the funds in such account. The Company may in its sole discretion reopen an account if there is sufficient proof to the satisfaction of the Company that a transfer was done in error.

3.16. A dormant account is an account that has not been accessed for 3 months, that has a legal registration with or without money balance. Once your account becomes dormant the Company, in accordance with the applicable law, shall close your account and transfer your remaining account balance to a dedicated Company corporate account for traceability and if dormant for an additional 6 months, the funds will, subject to applicable law, be forfeited to the Company.

3.17. The Company reserves the right to terminate the relationship stakeween the Company and any of its customers/players at any time and the decision is purely at the discretion of the Company. The Company also reserves the right in its sole discretion to close or suspend your account at any time for any reason or for no reason. Without limiting the provisions of the preceding sentence, the Company shall be entitled to close or suspend your account if:

(a) You are adjudged bankrupt by a court of competent jurisdiction or an insolvency practitioner is appointed (whether as trustee or otherwise) in relation to your affairs pursuant to, or in accordance with, the insolvency laws;
(b) The Company considers that you have used the services/products/platforms in a fraudulent manner or for illegal and/or unlawful or improper purposes;
(c) The Company considers that you have used the services/products/platforms in an unfair manner or have deliberately cheated or taken unfair advantage of the Company or any of its customers;
(d) You place stakes repeatedly, specifically including the same selections. Placing repeat stakes may result in the voidance of the repeated stake(s) as well as in the closure of your account;
(e) The Company is requested to do so by the police, any regulatory authorities or court; or
(f) The Company considers that any of the events referred to in (a) to (e) above may have occurred or are likely to occur.
3.18. If the Company closes or suspends your account on any basis or for any of the reasons above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Company (together "Claims") arising there from and shall indemnify and hold the Company harmless on demand for such Claims. The Company shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or are payable to you (including any winnings or bonus payments).

3.19. In addition, the Company shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your "unauthorized" use of the services/products/ platforms including activities which are not for an authorized purpose.

3.20. Where it is proved that these Terms and Conditions have not been breached, any funds available in the account will be returned to the player should the relationship be terminated by the Company. At all times, any funds deposited by a subscriber /player, do not accrue any interest and as such any refunds made shall not incorporate any interest calculations.

3.21. The Company prohibits and takes measures to prohibit use of devices, such as robots, computers that distort normal and fair game play. Should the use of such electronic added devices be discovered, the Company will disqualify such player(s), close all such accounts and confiscate all funds and earnings due to such accounts. In any such suspected circumstance, the Company may report the activity to the appropriate authorities and the player may suffer the consequences thereto.

3.22. You will be liable for any taxes levied pursuant to the legislation prevailing at the material time or as may be assessed by the Kenya tax authorities. These taxes will be paid out or withheld at source (as the case may be) in accordance with the provisions of law as amended from time to time. All taxes paid out or withheld (as the case may be) in accordance with the provisions of the law shall not be refundable by the Company. In the event that you are eligible for any refund, you may make a claim to the Kenya Revenue Authority. Please note that the Company has no obligation to notify you of any changes in any tax or other laws in force or enacted from time to time whether or not they have an impact on the taxes payable by the Company on your behalf or an effect on the net amount payable to you.

3.23. In the event of a cancellation made in accordance with these Terms and Conditions, any charges levied may be reversible. Reversed charges will be credited to your account.

4. DEPOSITS, TRANSFERS AND WITHDRAWALS

4.1. All information required to deposit funds into your account or withdraw funds from your account can be found on your wallet page. You can only use Mpesa to deposit money to your V1JA wallet.

4.2. While we shall take reasonable steps to avoid mistakes, outside where we are negligent, the Company cannot accept any responsibility or liability for any errors or omissions in respect of deposit or withdrawal of funds to players’ accounts. Should funds be debited or credited incorrectly, it is the player’s responsibility to notify the Company by emailing care@V1JA.com without delay, and the Company shall endeavour to rectify such error.


4.3. For all deposits done through a registered mobile phone number, the mobile phone number of the depositor must be identical to the mobile phone number registered on the Company account receiving the funds i.e. the registered account. Any charges levied by the Mobile Operators payment gateways (e.g. MPesa) will be deducted from the player's account. You should only deposit money in your account for the purposes of using such money to place stakes on our platforms. We shall be entitled to suspend or close your account if we reasonably consider or have reason to believe that you are depositing money without any intention to place stakes. You may only stake if you have sufficient funds in your account.

4.4. Bonus funds may be credited to your account as part of a promotion, loyalty or other marketing campaign. These funds cannot be directly withdrawn/paid-out, but must be used for placing stakes. Depending on the promotion, these credits may be convertible into hard currency after fulfilling a specific set of Terms and Conditions associated with the promotion.

4.5. You can at any time log into your account and view a statement showing all transactions made within the last 15 Calendar days. Should you notice any mistakes you should immediately notify the Company. Such anomaly once confirmed, will be rectified by the Company in the shortest time possible at no cost to you.

4.6. You can withdraw your money at any time in accordance with the terms herein. We have a number of controls and checks that take place before any withdrawal request is processed. Thereafter, an SMS with a verification code may be sent to you and a transaction record will be reflected in transaction history for online user. These checks are part of our ongoing commitment to maintain the security of our customers' funds. All withdrawal requests cannot be processed after the expiry of fifteen (15 minutes) from the withdrawal request being made. Any charges levied by the Mobile Money gateways (e.g. MPesa) will be deducted from the players account. Further, a player cannot initiate another withdrawal transaction while another one is pending clearance by the Company.  

4.7. Should you attempt to withdraw funds that were deposited but not used for staking, the Company may levy a processing fee of 10% upon such withdrawals. Additionally, should these transactions be deemed suspicious, the Company may report the activity to the appropriate authorities and the player may lose these funds.

4.7.1. Where possible or unless otherwise agreed in writing by you and the Company, all valid withdrawals will be processed to the payment account from which the deposits were validly made. Withdrawal payments can only be made in the name of and to the registered account holder. For most payment types, withdrawals can be processed by following the withdrawal protocol steps provided subject to there being sufficient funds in your v1ja account wallet. There is no set maximum withdrawal amount per day save that withdrawal requests will be subject to the below:

a)  Withdrawal requests shall not exceed your particular mobile operator limits;

(b)  Withdrawal requests greater than the mobile operator, mobile money limits shall be paid via EFT (bank transfer). The Company shall process such payments after further verification of identity that may include in person presentation of identification documents.

(c.) For awards greater than Kes. Two Hundred Million (200,000,000/-) the Company reserves the right to pay any such amounts in four quarterly installments.

For full details on each specific payment type, please call customer care.

4.7.2. If the value of a deposit is not played through in full before a withdrawal is requested, the Company 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.

4.7.3. 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.

4.7.4. The Company may, at any time, set off any positive balance on your account against any amounts owed by you to the Company.

4.7.5. In the event that you access the services from jurisdictions outside Kenya, you shall be responsible for reporting your winnings and losses to the tax and/or other authorities as per the existing regulations within your jurisdiction.

4.7.6. Gaming/staking, gambling may be illegal in the jurisdiction in which you are located. Where you attempt to transact on our platform from jurisdictions where staking/gaming is illegal, you do so at your own risk and the Company will not bear any liability towards you.  

4.8. The Company reserves the right to take time necessary for the purpose of:

(a) Verifying your identity;
(b) Verifying your gaming activity;
(c) Conducting security and other internal procedures in relation to your account; and
(d) Ensuring that prizes offered are paid out to the rightfully registered customer.

4.9. If you want to close your account, please contact our customer service team via email to care@V1JA.com. We shall take all reasonable steps to ensure that your account is closed within 48 hours of notification. Once the account is closed following a customer request, it cannot be opened until expiry of 3 months from the date of closure. If by any chance, your account reflects a negative balance, such balance shall fall immediately due and payable to the Company, and your account will not be suspended until the relevant amount owed to the Company is paid in full.

5. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION

5.1. Definitions

5.1.1. In these Terms and Conditions the following words have the following meanings unless the context requires otherwise:

5.1.1.1. "stake" means - the staking of money on the prediction of the outcome of a sporting event.

5.1.1.2. Stake: The amount of money pledged on the outcome of a cards game.

5.1.1.3. Winnings -  refer to payouts less the amount placed as stake.

5.1.1.4. “Charges/Taxes” means - any levies, taxes, duties, deductions, withholdings of any kind and howsoever described that may be imposed by any lawful government authority and required to be borne by the Customer from time to time including without limitation any tax levied on the stake, withholding tax levied on winnings or other payments whatsoever paid or payable by the Company to a Customer under or pursuant to these Terms and Conditions or otherwise howsoever.

5.1.1.5. "Customer" means - anyone placing a stake with the Company.

5.1.1.6. "User" means - anyone using v1ja card games platform.

5.1.1.7. “Kshs.” Means Kenya Shillings, the lawful currency of Kenya.

5.1.1.23. “Website” means - the website accessed by means of the domain name www.V1JA.com or any derivative or replacement thereof.

5.1.2. You can only place a stake if you have successfully registered with the Company and a confirmation to that effect has been issued to you.

5.1.3. Please note that the amount a player stakes is inclusive of Excise Duty.

5.1.13. If, for any reason we are unable to validate the outcome of a particular card game (e.g. due to loss network), all stakes will be void unless settlement of stakes is already determined.


5.2. Acceptance and Cancelation of stakes

5.2.1.  Once placed, a stake placed cannot be cancelled.

5.2.2. It is the responsibility of the customer to ensure details of their stakes are correct and the intended amount.

5.2.3. The Company reserves the right to declare all stakes on an event/s invalid if they emanate from a group of players who appear to colluding e.g. syndicate staking.

5.2.4. The Company further reserves the right to reclaim any bonus given to you, and to reduce such amount from the stake, where you are found to be abusing the system as laid out in the provisions herein.

5.2.5. Should the Company decide to close your account for any reason, stakes which have already been placed and accepted within the general Terms and Conditions will not be voided, and you will be paid any accrued winnings at the discretion of the Company. Should security questions arise in relation to an account, the Company reserves the right to void such transactions (stakes) within the legal and regulatory scope, retain and exercise its right of lien on such winnings and remit any amounts less any applicable Charges.

5.2.6. When you place a stake, you acknowledge that you have read, understood and accepted in full all of the Terms and Conditions and Sports staketing Rules regarding the games offered by the Company on all its platforms.

5.2.7. Where a game is won: An in app message will be shown that you have won and the new balance of your account wallet will be updated.

5.2.8. Minimum and maximum stakes.

(a) Minimum stake Amount: The minimum stake amount for a game is Kshs. ksh 25.
(b) Maximum stake Amount: The maximum stake amount for a game is Kshs. 1,000.
(c) Maximum Winning: Amount is limited to Kshs. ksh 4,500.


5.2.9. The stake sizes set afore are subject to change at the Company’s discretion. You are not permitted to place stakes or try to place stakes that are below the minimum stake limit or exceeded the maximum stake sizes thresholds.

5.2.10. The maximum payout for any one account is KSH 200,000/ per day for an account. A stake is accepted on the basis that it is the investment of a customer and that it is the maximum amount that can be won (excluding stake).

5.2.11. All stakes and stakes are subject to the provisions (including maximum winnings) set out in these Terms and Conditions including:

5.2.12. The Company does not assume liability for input or transmission errors. The Company reserves the right to rectify obvious errors in particular in the input of stake odds e.g. confusion of odds or results, teams, etc.

5.2.13. The Company assumes no liability for correctness or completeness of information provided.

6. OFFERS, BONUSES, PROMOTIONS

6.1. Should there be any claim or dispute arising from a past or current transaction, please contact us. If the Company is unable to settle the dispute, the Company may refer the dispute to an arbiter, such as the betting Control and Licensing 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 stake 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 the Company fails to implement the decision given by arbitration.

6.2. These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed and construed in accordance with the laws of Kenya regardless of the player's country of domicile.

6.4. By accepting these Terms and Conditions and/or placing stakes and/or making use (whether authorised or not) of the facilities offered by the Company (whether through the Mobile service, Website and all other media/electronic platforms, or otherwise), you irrevocably agree that, subject to clause 25.6, the courts of Kenya shall have jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. Notwithstanding the foregoing, the Company shall be entitled to bring a claim against a customer in the court of the customer's country of domicile.

7. STAKING RULES AND TYPE OF STAKES

17.1. The Company may, from time to time make promotional offers and bonuses to any customer. The promotional offers and bonuses are offered at the sole discretion of the company and may be withdrawn at any time.

17.2. The Company reserves the right to amend the terms of or cancel any customer offer at any time.

17.4. From time to time you may enjoy use of the V1JA app on designated mobile networks  for free during the duration of the promotion. This promotion shall run at the full sole discretion of the Company and may be terminated at any time.

8. USE OF THE SERVICE, WEBSITE AND ALL OTHER MEDIA/ELECTRONIC PLATFORMS

8.1. Information and Content Information accessed by you on the Mobile service, Website and all other media/electronic platforms is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only.

8.2. Your computer or mobile device and internet connection may affect the performance and/or operation of the v1ja card games platforms. The Company does not guarantee v1ja card games, will operate without faults or errors or that the Company services will be provided without interruption. The Company does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to place stake or join a game request due to network failures).

9. FAIR USE

9.1. The Mobile service, Website and all other media/electronic platforms and the Company products may only be used for the purposes of placing stakes and playing the v1ja card games.

9.2. You must not use the Mobile service, Website and all other media/ electronic platforms for any purpose which (in the Company's opinion) is illegal, defamatory, abusive or obscene, or which the Company considers discriminatory, fraudulent, dishonest or inappropriate.

9.3. The Company may seek criminal and contractual sanctions against any customer involved in fraudulent, dishonest or criminal acts via or in connection with the Mobile service, Website and all other media/ electronic platforms or the Company's products. The Company will withhold payment to any customer where any of these are suspected. The customer shall indemnify and shall be liable to pay to the Company, on demand, all Claims (as defined herein above) arising directly or indirectly from the customer's fraudulent, dishonest or criminal act.

10. SOFTWARE AND TECHNOLOGY ISSUES

10.1. We hereby grant to you a personal, non-exclusive, non-transferable right to use the relevant software, for the sole purpose of using/playing the v1ja cards platform, in accordance with the following provisions:

10.2. 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 the Company's security system or interfere in any way (including but not limited to, robots and similar devices) with the relevant products or the Mobile service, and all other media/electronic platforms any changes to the software and/or any features or components thereof;
(iv) copy or translate any user documentation provided 'online' or in electronic format; or
(v) do anything on the software, the Website, the Mobile devices, all other media/electronic platforms or otherwise on the Company’s system which is unauthorised, prohibited or which constitutes an offence under any applicable law including without limitation the Computer Misuse and Cybercrimes Act, 2018 (Act No. 5 of 2018 of the Laws of Kenya).

10.3. In addition, and except to the minimum extent permitted by applicable law in relation to computer programs (including, the purposes expressly permitted as per the Kenya Information and Communication Act, 1998 (Act No. 2 of 1998 of the Laws of Kenya) or any law replacing/repealing, supplementing and/or amending the said laws and any other relevant law) you are not permitted to:
(i) translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the software; or
(ii) 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.

10.4. You do not own the software. The software is owned and is the exclusive property of the Company or a third party software provider company (the "Software Provider"). Any software and accompanying documentation which have been licensed to the Company are proprietary products of the Software Provider and protected worldwide by copyright law. Your use of the software does not give you ownership of any intellectual property rights in the software.

10.5. The software is provided "as is" without any warranties, conditions, undertakings or representations, express or implied, statutory or otherwise. The Company hereby excludes all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). The Company does not warrant that:
(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.

10.6. In the event of communications or system errors occurring in connection with the settlement of accounts or other features or components of the software, neither the Company nor the Software Provider will have any liability to you or to any third party in respect of such errors. The Company reserves the right in the event of such errors to remove all relevant products from the Mobile service, Website and all other media/ electronic platforms and take any other action to correct such errors.

10.7. You hereby acknowledge that your use of the software is outside of the Company's control. Accordingly, you load and use the software at your own risk. The Company will not have any liability to you or to any third party in respect of your receipt of and/or use of the software.

10.8. The software may include confidential information which is secret and valuable to the Software Provider and/or the Company. You are not entitled to use or disclose that confidential information other than strictly in accordance with these Terms and Conditions.


10.9. While the Company endeavours to ensure that the Mobile service, Website and all other media/electronic platforms, are available 24 hours a day, the Company shall not be liable if for any reason the Mobile service, Website and all other media/electronic platforms are unavailable at any time or for any period. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the content or services or products available through it, including your access to it.

10.10. You must not misuse the v1ja card games platforms by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Mobile service, Website and all other media/electronic platforms, or any part of it; any equipment or network on which the data is stored; any software used in connection with the provision of the Mobile service, Website and all other media/electronic platforms; or any equipment, software, owned or used by a third party. You must not attack our Mobile service, Website and all other media/electronic platforms, via a denial-of-service attack or otherwise howsoever. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of software or to your downloading of any material posted on it, or on any Mobile service, Website and all other media/electronic platforms, linked to it.

11. OTHER

11.1. The Company actively monitors traffic to gaming platform. The Company reserves the right in its sole discretion to block access where evidence indicative of automated or robotic activity is found.

11.2. The Company reserves the right to restrict access to all or certain parts of the v1ja card game, Website and all other media/electronic platforms in respect of certain jurisdictions.

11.3. The Company may alter or amend the products offered via the Mobile service, Website and all other media/electronic platforms at any time and for any reason.

11.4. From time to time, all or part of the Mobile service, Website and all other media/electronic platforms may be unavailable to offer their respective services. Should that (unavailability) happen the Company shall not be liable for any loss or damage that the customer may suffer.

12. OUR INTELLECTUAL PROPERTY RIGHTS

12.1. The contents of the v1ja cards games platforms, and all other media/electronic platforms owned by the Company are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third-party licensors.

12.2. All product and company names and logos mentioned on the Mobile service, Website and all other media/electronic platforms are the trademarks, service marks or trading names of their respective owners, including the Company.

12.3. Except to the extent required to use a product for the purpose of playing card games, no part of the platform oe 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.

13. ANTI-MONEY LAUNDERING

13.1. The Company shall not be used to carry out any illegal activities by participants and all players shall adhere to the strictest discipline and moral turpitude in their dealings with the Company and shall enhance the Company ability to adhere to the provisions of The Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009 of Kenya and as amended from time to time and all other enabling laws and conventions.

13.2. The Company will subject all transactions to serious scrutiny to prevent money laundering and other illegal activities.

13.3. If you become aware of any suspicious activity relating to individual(s), participants, players, officials or of any correctness or malfunctioning of the Games, its software or appliances, you must report such activity or inactivity to the Company immediately.

13.4. Suspicious transactions will be reported to the relevant authorities and where the Company suffers pecuniary loss or injury to its person or reputation, all legal means will be employed to restore such injuries at the risk of the perpetrator.

13.5. The Company may suspend, block or close your account and withhold funds if so required by the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009 or any relevant legislation or as demanded by the authorities.

14. COMPLAINTS

14.1. If you have a complaint; you can email customer support on info care@V1JA.com.

14.2. The Company will at all times apply best efforts to resolve a reported matter promptly.

14.3. If you have a query with regard to any transaction, you may also contact the Company at the provided emails with details of the query. The Company will review any queried or disputed transactions.

14.4. If for some reason, you are not satisfied with the resolution of the complaint by the Company, you can complain to the staketing Control and Licensing Board ("BCLB").

14.5. Kindly note that by contacting the BCLB you are confirming that you have not breached any of these Terms and Conditions as agreed to by you upon registering with the Company.

14.6. At all other times where a dispute arises, parties shall refer the matter for Arbitration by a single arbitrator agreed by the parties in writing where the chosen venue shall be Nairobi. Where there is no agreement on the appointment of an arbitrator, then the arbitrator shall, at the request of any of the parties to the dispute, be appointed by the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators.

15. MISCELLANEOUS

15.1. In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms and Conditions or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, 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.


15.2. 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.

15.3. 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.

15.4. You shall confirm/accept and where necessary execute or cause to be executed all documents and do or cause to be done all further acts and things consistent with the provisions of these Terms and Conditions that the Company may from time to time reasonably require in order to vest in and secure to the Company the full benefit of rights and benefits to be transferred or granted to the Company 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.

15.5. Nothing in these Terms and Conditions shall create or be deemed to create a partnership, joint venture or principal-agent relationship stakeween the parties and no party shall have authority to bind any other in any way unless expressly provided otherwise in these Terms and Conditions.

15.6. The Company 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, national, regional or global pandemic and acts of government or other competent authorities. In such circumstances the time for performance shall, to the extent practicable, be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

15.7. The Company 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 Company group.

15.8. Any notice to be given under these Terms and Conditions must be in writing, in English and may be served by hand delivery at, or by email, SMS or by first class post, recorded delivery or registered post or airmail:

(a) in the case of the Company, the address of the Company as set out at the beginning of these Terms and Conditions and elsewhere; and
(b) in respect of notices given by the Company to you, pursuant to the customer registration procedure (including any amendment to those details you have notified to the Company).

15.9. Any notice shall be deemed to have been received:

(a) if delivered by email, SMS, hand delivery, at the time of delivery;
(b) if sent by first class post, recorded delivery or registered post, at 14:00hrs (East African Time) on the second clear day after the date of posting;
(c) if sent by pre-paid registered airmail, on the fifth clear day after the date of posting; and
(d) if sent by fax, at the time of transmission by the sender.

15.10. The Appendices, the Privacy Policy, the Rules and any document expressly referred to in them and any guidelines or rules posted on the 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.

15.11. In the event of any inconsistency between the main body of these Terms and Conditions and the Appendices, the Privacy Policy, the Rules and/or any document expressly referred to in them and any guidelines or rules posted on the Mobile service, Website and all other media/electronic platforms shall prevail.

15.12. Where a player wins, and is pronounced dead before claiming the winnings, the dependents or family can only claim the amount with the appropriate court orders i.e. Confirmation of Grant