Terms & Conditions
- 1.1 The following provisions define the terms and conditions that govern your use of, access to and participation in any “play for real” services provided by, MrKaya555.com (collectively referred to as “MrKaya”, “we”, “our” or “us” as the context requires) from time to time (the “Service(s)”) on and/or through the website at www.MrKaya555.com, and any other website operated by MrKaya555.com (the “Website(s)”). These provisions are intended to be read in conjunction with the specific game play rules (collectively, the “House Betting Rules”) where applicable, and any other terms and conditions governing the use of the Services, Software and access to the Website(s) and the Information comprised therein (collectively these “Terms and Conditions”).
- 1.2 “Betting” or “bet(s)” for the purpose of these Terms and Conditions include, without limitation, wagering, gaming and gambling conducted in relation to any and/or all of the Service(s) offered on the Website(s);”Device(s)” mean any application access devices, including but not limited to personal computers, laptops, mobile phones, personal digital assistants, PDA phones, hand-held devices employed for the use of and access to the Website(s) and participation in the Services;”Software” means any computer programme, data file or any other content (including any user information relating to the foregoing) that is required to be installed on your Device in order to enable you to use, access and participate in the Services for the purpose of using, accessing and participating in the foregoing on the Website through your Device; and “Sportsbook” means the internet gaming system accessible and/or offered at the part of the Website entitled “Sportsbook”, and all related services and online gaming activities there too.
- 2.1 By ticking the box next to the “I confirm that I am at least 18 years of age and I have read, printed and accepted the MrKaya555.com Terms and Conditions” and clicking on the relevant “SAVE AND CONTINUE” button during your registration, you acknowledge and accept that:
- i. you have read, fully understood and accepted these Terms and Conditions; and
- ii. These Terms and Conditions constitute a legally binding agreement (“Agreement”) between you and MrKaya555.com regarding the use of the Services.
- 2.2 If you do not agree with any of the terms of these Terms and Conditions, please do not tick the box next to the “I am over 18 years old and I have read, printed and accept the MrKaya Terms and Conditions”, do not click the “SAVE AND CONTINUE” button, and do not attempt to use or continue using any of the Services or download and/or install the Software.By agreeing to the term of condition in MrKaya, the players also agree to provide legal Identification Card information and details, which will only be requested only if the need or situation arises.Please note that all deposited amount are to be rectified in within 24 hours. Prior to that, MrKaya555.com reserved the rights to request more information to confirm your pending deposited amount.If deposited amount have not been clarified within the given time frame, MrKaya555.com will not hold responsibility to missing and/or discrepancies in your deposited amount.
- 3.1 We reserve the sole right to amend, update and modify these Terms and Conditions and the House Betting Rules (or any part thereof) from time to time and any such amendment, update or modification will be published on the Website(s). The amended, updated or modified Terms and Conditions and the House Betting Rules shall be effective upon publication on the Website(s). Continued use of, access to and participation in the Services on or through our Website(s) and Device(s) after such publication constitute your acceptance to the modified or updated Terms and Conditions and the House Betting Rules as published from time to time.
- 3.2 You acknowledge and agree that it is your sole responsibility to check for any such amendments, updates and/or modifications. MrKaya may, in our sole discretion, notify you of such updates and modifications. Such notification, as may be provided by MrKaya in our sole discretion from time to time, shall not constitute an obligation upon MrKaya to notify you of such amendments, updates or modifications.
4. INFORMATION AND INTELLECTUAL PROPERTY
- 4.1 The information, material and data provided or made available to you on or generated and/or collected by the Website(s), Services and/or through the Device(s) and/or in any other form including, without limitation, marketing programmes and materials, results, statistics, sporting data and fixture lists, odds and betting figures, text, graphics, video and audio content (the “Information”), belong to MrKaya and/or our licensors and are for your personal and non-commercial use only.
- 4.2 Save as expressly provided by these Terms and Conditions, you may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise make the Information available to any other person, or on another website, online service or bulletin board, or on any other media and/or Device without our express prior written consent or in the case of third party material, without the prior written consent of the owner of the proprietary rights in such material.
- 4.3 The Software, Services and the Information provided on the Website(s) and/or through Device(s) are protected by copyright, trademarks and other forms of intellectual and proprietary rights. All rights, title and interest in and to the Software, Services and Information on the Website(s) are owned by, licensed to and/or controlled by MrKaya and/or our licensors. You acknowledge that you do not acquire any rights or interests, or any licences to the Software, Services and the Information through your use of and access to the foregoing provided on the Website(s) and/ or through Device(s).
5. CONDITIONS OF USE
- 5.1 As a condition of use of the Services, you warrant and undertake that you shall not use or access the Website(s), Services, Software and/or the Information for any purpose that is unlawful under any law that is applicable to you or that is prohibited by and/or in breach of these Terms and Conditions. In particular (and in addition to all other representations and warranties set out in these Terms and Conditions), you warrant and undertake as a condition of your use of the Services:
- i. that you are not a resident of the Philippines, Taiwan, Korea, The United States of America, Singapore, Hong Kong, United Kingdom, France, Guadeloupe, Guyana, Martinique and Reunion;
- ii. that you are acting on your own behalf and in your own personal capacity and not on behalf of another person;
- iii. that you are not restricted by limited legal capacity;
- iv. that you are not diagnosed or classified as a compulsive gambler;
- v. that you are of the age of (a) 18 or (b) any such other legal age or age or majority as determined by any laws applicable to you, whichever age is greater (“Legal Age”);
- vi. that you are fully aware of the risk of losing money in the course of using the Services;
- vii. that you are not depositing money which originate from criminal or other illegal or unauthorised activities;
- viii. that you are not conducting criminal or otherwise unlawful or unauthorised activities and/or intending to use your account opened with us in connection with such activities and that you shall not use or allow other persons to use the Services and your betting account for any criminal or otherwise unlawful activities including, without limitation, money laundering, under any law applicable to you or us;
- ix. to keep your username, account number and password secure, confidential and protected against unauthorised access or use and to ensure that you change your password immediately or notify us immediately if the confidentiality of your username, password or account number has been compromised in any way;
- x. to be solely responsible for any and all activities that occur under the access to and use of the Services on and through the Website(s) and/or Device(s) under your username, account number and password regardless of whether such access and/or use was authorised by or known to you or not;
- xi. not to use the Services, Website(s), Device(s), Software or the Information in any way which interferes or may interfere with the availability of the Services and the Website(s) to other users nor do anything that degrades or may degrade the operational performance of the Services and Website(s);
- xii. not to solicit or in any manner seek to obtain any information relating to other users;
- xiii. not to upload or distribute any program, file or data that contain viruses, are corrupted or may affect the operational performance of the Device(s), Software, Services and/or Website(s);
- xiv. that your access to or use of the Services and Information on and through the Website(s) and/or the Device(s) is not illegal or prohibited by laws that are applicable to you or contractual obligations which apply to you personally or to persons in the country from which you are currently accessing the Website(s) or using the Device(s);
- xv. not to use any device, robot, spider, software, routine or other method (or anything in the nature of the foregoing) to interfere or attempt to interfere with the normal proper functioning of the Services, Device(s), Software, Website(s), Information or any transactions offered at the Website(s) and/or through the Device(s);
- xvi. not to post or transmit to the Website(s) and/or to the Device(s) or to any other users, any unlawful, harassing, abusive, threatening, libellous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law;
- xvii. that you are not an officer, director, employee, consultant, affiliate or agent of MrKaya or any company related to MrKaya or a relative or housemate of any of the foregoing; and
- xviii. not to interfere with other users’ use of the Services, Website(s), Software, Devices and/or Information or initiate and/or engage in surveys, contests, chain letters or post/transmit “junk mail”, “spam” or any unsolicited mass dissemination of email.
6. REGISTRATION AND OPENING YOUR BETTING ACCOUNT AND MEMBERSHIP
- 6.1 In order to play and bet with MrKaya and to use the Services, you must complete the application for account opening and membership in the manner set out on the Website(s) (the “Membership Application”).
- 6.2 You represent and undertake that all information supplied by you when registering and completing the Membership Application is accurate, true and complete in all respects including, your name on the Membership Application (“Name”), sources of funds (including the relevant bank accounts and card numbers) and residential address.
- 6.3 We will take reasonable and appropriate measures to ensure that your personal information as disclosed to us shall remain confidential. We will not report or disclose your personal data or betting information unless compelled to do so by any applicable laws and regulations, Court order, or by the relevant gaming or law enforcement authorities or as otherwise provided for in these Terms and Conditions. It is your sole responsibility to keep your personal information confidential. We reserve the right to disclose and transfer your personal data to our respective payment settlement service providers and financial institutions to the extent necessary for the completion of payments for Services provided through the Website or if compelled to do so by applicable laws and regulations, to the relevant gaming or law enforcement authorities.
- 6.4 It is your sole responsibility to ensure that the laws applicable to you do not prohibit you from using and accessing the Website(s) and the Information contained therein, downloading and installing the Software and/or using and participating in the Services.
- 6.5 We require further evidence of identification and age from you to verify your Membership Application (e.g. valid picture identification). If there is any change to your information details as originally supplied by you, you shall notify us of the relevant change without delay. In order to confirm your Name and address, MrKaya reserves the right, inter alia, to confirm your Name and address by post. MrKaya may, at our discretion, undertake additional security checks against any information that you provide. By agreeing to these Terms and Conditions you give consent for MrKaya to access, use, and process store the results of any identification verification or checks that may be made against you.
- 6.6 We reserve the right to reject your Membership Application without reference to you or assigning any reason whatsoever.
- i. Only the sites displayed on our livechat or announcement pages, are deemed to belong to MrKaya. We will not be held responsible for our members accessing to any other phishing sites that resembles or the same as our MrKaya555.com. Do refer to our customer service if there are any doubts.
- ii. No email from MrKaya will contain a hyperlink to our logon page or to a webpage which directly solicits your personal information including Password.
- iii. MrKaya will never ask you to reveal your Password, PIN or Security Code over the phone or via email.
- 6.7 You are allowed to open only one betting account with MrKaya. Should we discover that you have more than one account with MrKaya, we reserve the right, at our sole discretion, to treat all accounts that you have with MrKaya as a single joint account, terminate the additional account(s) and/or to terminate this Agreement with you.
7. PLACEMENT OF BETS AND BET ACCEPTANCE PROCEDURE
- 7.1 We accept bets for games, sporting and other events that are advertised on the Website(s) and/or through the Device(s) from time to time. All such bets are subject to the relevant House Betting Rules applicable to each event or game, and to these Terms and Conditions. If a manifest error or mistake occurs or an incorrect participant is quoted for any event, all bets placed on that event shall be void. In the event of any malfunction to the MrKaya gaming system, MrKaya reserves the right to void any and all bets placed.
- 7.2 Not with standing any other provision in these Terms and Conditions, MrKaya reserves the right, in our absolute discretion, to decline all, or part, of any bet placed without providing any reason whatsoever.
- 7.3 We only accept bets made through the internet and/or Devices in compliance with these Terms and Conditions. Bets are not accepted in any other form (whether by post, email, fax or otherwise) and where received will be void regardless of the outcome.
- i. MrKaya reserves the right to suspend and or close a customer’s account at any time if MrKaya believe that you have breached any of these Terms or any other applicable rules or have acted in a manner of cheating, hacking, attacking, manipulating or damaging the normal betting spirits. Any winnings and or payout including balance in the account shall be deemed forfeited and invalid. You acknowledge that MrKaya do not have to give you prior notice of any such termination.
- ii. Any forms of “abnormal bets” including the use of artificial intelligence or “bots” on the Internet will be VOID without prior notification. Any attempt or actual use of artificial intelligence by members or will lead to termination of their account. Any Player found to be using any 3rd party software or automated playing technology shall have their bonus and all winning removed, original deposit returned and account closed.
- 7.4 Subject to the other provisions herein, bets will be validly placed if your username and password have been entered correctly, subject always to there being sufficient available funds in your account.
- 7.5 You are responsible and liable for all activities and transactions that take place through the use of any of the following (or any combination thereof):
- i. your name;
- ii. your account number;
- iii. your username and password; regardless of whether the use of the foregoing was authorised by you or not.
- 7.6 It is your sole responsibility to ensure that the details of your bets are correct. Subject to the other provisions herein, once your bets have been placed and their acceptance confirmed by us, they may not be cancelled, revoked or changed and shall be deemed to be conclusive evidence in respect of the bets that you have placed.
- 7.7 Please note that all bets are logged and recorded in the transaction log database. MrKaya’s transaction logs are conclusive evidence of all transactions and times at which the transactions are placed.
- 7.8 Subject to the other provisions herein, bets will be deemed valid and accepted by MrKaya when a transaction ID is displayed on your screen and duly reflected in your transaction history.
- 7.9 No betting is permitted after the commencement of an event and/or where the outcome of an event is known at the time of placement of your bet. If any event is erroneously left open for betting after the commencement of the event and/or where the outcome of an event is known, MrKaya reserves the right to decline or void such bets placed without reference to you. Acceptance of any bet or any part thereof shall be at the sole discretion of MrKaya. For the avoidance of doubt, this clause does not prohibit “in play” or “half time” bets.
- 7.10 Advertised start times of the events displayed on the Website(s) are for information purposes only. If for any reason a bet is inadvertently accepted by MrKaya after an event or match has commenced, MrKaya reserves the right to cancel and void such bet.
- 7.11 Unless stated otherwise within the rules for each sport or event, the result of a match or event will be determined on the day of its conclusion for betting purposes. Any subsequent enquiry that may result in an overturned decision will not be recognised by MrKaya, and original settlement of bets will stand.
- 7.12 If the venue for a sporting event is changed, all bets placed based on the original venue will be void.
- 7.13 The winner of an event or game will be determined on the date of the event’s conclusion according to the House Betting Rules.
- 7.14 MrKaya does not recognise suspended games, protests or overturned decisions for betting purposes.
- 7.15 Should you include a non-runner or void selection in a multiple bet, the bet will be settled on the remaining valid selections only.
- 7.16 You acknowledge that any and all odds, lines and handicaps are subject to fluctuation without notice, and the foregoing will become fixed only at the time of acceptance of the bet by us.
- 7.17 Where a manifest error, mistake or system failure results in an incorrect odd, line or handicap taken in a bet, the bet, or that part of the bet if it is a multiple bet/parlay will be void. Provided the error, mistake or failure is rectified in time, MrKaya may in our absolute discretion (but not shall not be obliged to) make reasonable efforts to contact you to allow the choice of placing another bet at the correct odds, lines and handicaps.
- 7.18 We will not accept any simultaneously placed bets on one event from you.
- 7.19 In respect of any bet and the associated transactions therewith, the decision of MrKaya is final and conclusive.
8. SOFTWARE LICENCE
- 8.1.You hereby acknowledge and agree that the Software that is made accessible to you (by download or otherwise) for your remote use on the Website through your Device is part of the Services and is the property of MrKaya and/or our licensor, and that you do not gain any rights to such Software whatsoever. You may not in any way or by any means adapt, copy, modify, reproduce, store, distribute, display, publicly perform, broadcast, include in a cable programme, publish, transmit, sell, rent, lease or license or otherwise communicate or make available such Software to any other person, or on another website, online service or bulletin board, or on any other media and/or device.
- 8.2.MrKaya hereby grants to you a personal, non-exclusive, non-transferable and revocable licence to install and use the Software on your Device(s) (the “Licence”) PROVIDED THAT such installation and use is made through a Device of which you are the primary user.
- 8.3.The Software is licensed and distributed by MrKaya solely for the purpose of enabling end users of the Software to fully access and utilise the Services.
- 8.4.You are not allowed to:
- i. install or load the Software onto a server of other networked device or take other steps to make the Software available via any form or bulletin board, online service or remote dial-in, or network to any other person;
- ii. distribute, rent, lease, sub-licence, copy, transfer, assign or otherwise make available the Software and/or the License to use the Software to any other person;
- iii. allow any other person to use the Software;
- iv. create or provide any means (including, without limitation, via emulators) through which the Software may be used by others;
- v. translate, reverse engineer, decompile, disassemble, modify, discover, create derivative works based on the whole or part of the Software and/or the source code of the Software; or
- vi. Copy, modify, translate or create any derivative works based on the whole or any part of the user documentation concerning the Software.
- 8.5 You acknowledge and agree that the Software and the Software user documentation provided on the Website(s) and/or through Device(s) or otherwise, are owned by MrKaya and/or our licensors and are protected by copyrights, trademark rights and other forms of intellectual and proprietary rights. You hereby acknowledge that the structure, organisation and source code of the Software are the valuable trade secrets of MrKaya and our licensors. You acknowledge that save for the rights granted to you in accordance with the Licence, you do not acquire any rights or interests whatsoever in the Software and/or the Software user documentation.
- 8.6 Upon the termination of this Agreement for whatever reason, the Licence issued under this Agreement is automatically revoked and you shall stop using the Software and you shall uninstall the Software from your Device.
9. SETTLEMENT OF TRANSACTIONS
- 9.1 You are fully responsible for paying all monies owed to MrKaya and/or other players (as the case may be). In respect of any payment made by you, you agree that you will not make or procure the making of any charge-backs and/or deny or reverse any such payment, and that you will reimburse MrKaya for any charge-backs, denials or reversal of payments as well as any and all losses suffered and expenses incurred by MrKaya as a consequence thereof.
- 9.2 The maximum winnings payable by MrKaya to any member on any valid accepted
- i. Sportsbook bet placed with MrKaya shall be limited to USD15,000 (or equivalent) per payout or the maximum payout by the individual bet types whichever is lower.
- ii. Casino bet placed with MrKaya shall be limited to USD40,000 (or equivalent) per payout or the maximum payout by the individual bet types whichever is lower.
- 9.3 Your winnings are exclusive of bet amount and this should be considered when placing your bet.
- 9.4 All your winnings will be credited to your account. MrKaya shall not in any way be responsible or liable to you for any funds/winnings credited to an account in error, and MrKaya reserves the right to void any transactions involving such funds, either at the time or retrospectively. Should funds be credited to your account in error, it is your responsibility to inform MrKaya without delay.
- 9.5 Payment of any taxes, fees, charges or levies that may apply to your winnings under any applicable laws shall be your sole responsibility.
10. COLLECTION OF WINNINGS
- 10.1 Your winnings from settled bets are credited to your account and shall be withdrawn in accordance with our withdrawal policy and upon provision of a copy of valid photographic identification to our satisfaction.
- 10.2 A turnover of at least 1 time on the value of deposit needs to be reached before a withdrawal can be requested. MrKaya reserves the right to make a charge to your account to cover all reasonable cost relating to both the deposit and withdrawal.
- 10.3 All bank charges that MrKaya incurs arising from or in connection with any of your betting transactions shall be borne and reimbursed by you and MrKaya is entitled to deduct and offset the foregoing from the winnings payable to you or from your account, as the case may be.
11. PROMOTIONS AND BONUSES
- 11.1 All promotions, bonuse or special offers are subjected to these Terms and Conditions and any promotion-specific terms and conditions that MrKaya may introduce from time to time in conjunction therewith. MrKaya reserves the right, to suspend, withdraw or modify such bonuses or promotions and/or the specific terms and conditions governing the same at any time.
- 11.2 In the event that MrKaya believes a user is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through such abuse, then MrKaya may, at our sole discretion, block, deny, suspend, withhold or withdraw any user from any bonus or promotion in such manner we deem fit.
- 11.3 We reserve the right to void any or all bets made by any individual/group of people acting in liaison/collusion and attempts of fraudulent. These include persons, relatives, organizations, bookmakers and their employees. The monies in these accounts will be confiscated immediately.
- 11.4 Abuse of Bonus Programs. Bonus programs are intended for recreational bettors only. Professional players or players considered, in our sole discretion, to be abusing the bonus system by any means may have bonuses revoked and be subject to further sanctions. Bonus abuse may be defined as (but not restricted to) clients cashing out for the purpose of redepositing, or referring new accounts that they are using themselves. Sanctions may be in the form of increased rollover requirements or loss of bonus privileges altogether for the offending Account as well as any linked Accounts. We reserve the right to restrict eligibility for special offers and bonuses when necessary. This includes (but is not limited to) placing geographic restrictions on match bonuses due to bonus abuse.
- 12.1 You agree to fully indemnify MrKaya, our shareholders, employees, officers, directors, licensees, distributors, affiliates, subsidiaries, agents for any loss, damage or claim (including reasonable legal fees) that may be incurred as a result, or in consequence of, your access to the Website(s), downloading or installation of the Software, betting and/or other use of the Services, Software and/or Information, and/or by reason of any breach of any of these Terms and Conditions and/or the House Betting Rules.
13. DISCLAIMERS AND SPECIFIC WARNINGS
- 13.1 Betting is entirely at your sole option, judgement, discretion and risk. By doing so, you acknowledge that you do not find the Services, Website(s) and Information to be offensive, objectionable, unfair or indecent. Some jurisdictions have not addressed the legality of online and/or offshore online gambling while others have specifically made online (within the jurisdiction and/or offshore) gambling illegal. We do not intend that anyone should use and access the Website(s), Information and/or the Services where such use or access is illegal. The availability of the Services, Information and the Website(s) should not be construed as an offer, solicitation or invitation by us to use or access the foregoing in any country in which such use or access is illegal. Compliance with any laws applicable to you is entirely your own responsibility and MrKaya makes no representation whatsoever that the Services, Software, Website(s) or the Information therein comply with any laws applicable to you.
- 13.2 The Services, Software, Website(s) or the Information are provided on an “as is” basis. Save as expressly provided in these Terms and Conditions, MrKaya makes no representation or warranty of any kind in respect of the Services, Website(s), Software and the Information contained therein. To the maximum extent permitted by law, any representation or warranty, whether express or implied, statutory or otherwise in respect of the Services, Software, Website(s) and Information is hereby excluded. MrKaya does not warrant that the Services, Software, Website(s) or the Information will be accurate, timely, and secure, free of interruptions or errors or external interference of any nature, or that any identified defect will be corrected. MrKaya does not warrant that the Services, Software, the Website(s), the Information or servers that make them available are free of computer viruses spyware, adware or other malicious, destructive or corrupting code, program, data or macro or any other features that may affect any Device(s) and/or data contained within. You undertake to take your own precautions (at your own expense) to ensure that the processes, measures and/or Device(s) which you employ for using or accessing the Services, installation of the Software and using the Website(s) do not expose you to the risk of computer viruses, spyware, adware or other malicious, destructive or corrupting computer code or other forms of interference or damage to your Device or data contained within.
- 13.3 In the event of system or communication errors relating to account settlement or any other elements of the Services, MrKaya will not be liable to you as a result of any such error and MrKaya reserves the right to void all bets affected by such error and take any action to correct such error.
- 13.4 MrKaya shall in no event be responsible or liable for any damages, loss or expense, including any interference or damage to your Device(s) or data contained within, in connection with your access to, use of or participation in the Services, Website(s), Software and the Information. MrKaya further fully disclaims any and all warranties, representations and responsibilities in respect of any aspect of the Services, Website(s), Software and the Information, which may be provided by third parties, including but not limited to broadband service providers and telecommunications service providers, and shall not on any account be liable for any default, breach or inaction of such third party partners.
- 13.5 MrKaya, our related corporations, affiliates, partners, officers, employees and agents shall in no event be responsible or liable for any damages, loss or expense, including without limitation direct, indirect, consequential or special damage or economic loss arising from or in connection with your access or use of the Services, Website(s), Software and the Information, or your loading, installation or use of the Software regardless of whether MrKaya has been advised of such a possibility or not. In any event to the maximum extent permitted by law, MrKaya’s total liability to you, if any, for any loss or damage (whether on the basis of contract, tort, strict liability or otherwise) relating to, or arising from, any and all matters, events or circumstances directly pertaining to any bet placed by you with us, shall not exceed the amount of the respective bet placed by you.
- 13.6 You acknowledge that part or all of the Information may be provisional in nature and may be subject to revision, change or modification, as provided in these Terms and Conditions. You therefore acknowledge that the Information is provided solely for reference and does not constitute advice or solicitation, and is not the subject of, and shall not constitute the basis of any binding representation, warranty, contractual obligation, or reliance on your part of any nature.
- 13.7 You hereby acknowledge and agree that all disclaimers and exclusions of liability contained in these Terms and Conditions represent a fair and reasonable allocation of the risks and benefits of the agreement between you and MrKaya, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to MrKaya. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.
- 13.8 If you have any dispute with regard to the result of any game or event, you must submit your written complaint to us within fourteen (14) days from the date of the result of any game or event. In the unlikely event of a discrepancy between the result which appears on your Device and the results in the transaction logs in our system, you agree that the results in our system’s transaction logs as certified by our Chief Technological Officer shall be the conclusive and irrefutable evidence of such results.
- 13.9 MrKaya pledged to offer both fair and timely dispute resolutions and redress without undue cost or burden, holding detailed wager and transaction records of all its financial dealings. These records are archived for a period of 5 years (from the date of transaction) and are accessible to the dispute resolution authority upon request.
- 13.10 Inter-Player Transfers Prohibited. In accordance with our Anti-Money Laundering Policy and protocols, we do not permit or condone money transfers between player accounts. Players found to be transferring money (including by way of so-called poker “chip dumping”) may have the transfer reversed in our sole and absolute discretion. In such event, in our discretion, such Accounts may be closed and all Account balances (including both deposits and any winnings) may be forfeited.
- 13.11 “Betting Syndicates”. A player or group of players working together in any fashion (also known as a “syndicate”), to receive either bonus winnings or activity bonuses or otherwise, may only have one Account in total, and any redundant Accounts will be consolidated into the one Account. An administration fee may be charged and payouts refused for each redundant Account, in our sole discretion. All wagering transactions in redundant Accounts are subject to reversal in our sole discretion. We also reserve the right to forfeit the principal of any wager placed in an attempt to defraud the house of any bonus monies, whether a player does this on their own or in collusion with other players or other sportsbooks.
14. TERMINATION, ACCOUNT CLOSURE OR SERVICE SUSPENSION
- 14.1 In addition to other rights available to MrKaya under this Agreement MrKaya reserves the right, in our sole discretion, to void any winnings and forfeit any balance in your betting account, to terminate the Agreement and/or to suspend the provision of the Services/deactivate your account if MrKaya has the reasonable grounds to believe or establishes any of the following:
- i. you have more than one active account with MrKaya;
- ii. you participate in a MrKaya promotion and withdraw before fulfilling the requirements of that particular promotion;
- iv. you have failed or neglected to provide the requested identification information;
- v. you are not of Legal Age;
- ii. you access and participate in the Services from a jurisdiction where participation in the Services is prohibited by law;
- viii. you have “charged back” or procured a “charge back” against us or denied any of the transactions or deposits that you made to your account;
- ix. you are depositing money originating from criminal or other illegal or unauthorised activities;
- x. you are found to be cheating or attempting to cheat or to have cheated anyone or any party, or if it is determined by MrKaya that you have employed or made use of an artificial intelligence or other system (including machines, computers, software or other automated systems) designed specifically to defeat the system or you are found to have colluded or attempted to collude with other players in order to defraud MrKaya (or other players as the case may be);
- xi. you have allowed or permitted (intentionally or unintentionally) someone else to use your account;
- xii. you fail to comply with any of the terms and conditions of use set forth in this Agreement; or
- xiii. you fail to disclose that you are located in Philippines, Taiwan, Korea, United States of America, Singapore, Hong Kong, United Kingdom, France, Guadeloupe, Guyana, Martinique and Reunion.
- 14.2 If the provision of the Services is suspended and/or your account is deactivated in accordance with clause 14.1 above, the provision of the Services will be only be reinstated and/or your account will be reactivated after the necessary rectification (if capable of being rectified) action has been taken by you and such rectification has been verified to our full satisfaction.
- 14.3 Suspended/Close Account Association. When an account is suspended or closed for any reason, we reserve the right to close any future accounts that may be registered by the same person and void/cancel all bets and transaction with such accounts.
15. LINKS TO EXTERNAL WEBSITES
- 15.1 The Website(s) may contain links to external websites outside the Website(s) which are not maintained by MrKaya. Links to external websites are provided for your convenience only, and MrKaya is not responsible for and does not undertake to ensure that contents of such links are accurate, current or maintained.
- 15.2 MrKaya, is not responsible nor liable, has not provided or reviewed, does not approve or endorse, and makes no representations or warranties in respect of the contents or the privacy practices of the external websites, any products or services which may be advertised, sold or otherwise made available on such external websites.
- 15.3 MrKaya shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use of any link to external websites provided on the Website(s).
- 15.4 Unless expressly provided MrKaya shall under no circumstances be considered to be associated or affiliated with any statement, opinion, trade or service marks, logos, insignias or other devices appearing on external websites, or any products or services which may be advertised, sold or otherwise made available on external websites, or with the operators or owners of external websites or any person who may be related to any external websites in any manner whatsoever.
16. LINKS TO THE WEBSITE(S)/FRAMING OF THE WEBSITE(S)
- 16.1 You may not link or create any deep or in-line links to any part of the Website(s), Services or frame the Information.
17. ADDING OR DISCONTINUING GAMES
- 17.1 We reserve the right to, without liability to any party, in our sole discretion and without notice to you, to add new games or functions to the Website(s) or to commence, cease, discontinue, restrict access to or modify any game or function at any time.
18. VIOLATIONS OF THESE TERMS AND CONDITIONS
- 18.1 MrKaya reserves the right to seek all remedies available at law and in equity in respect of any violation of these Terms and Conditions, including the right to deny or restrict access to the Services, Website(s) and Information to any particular person, or to block access from a particular Internet address or through any Device(s) to the Services, Website(s) and Information, at any time and at our sole and absolute discretion, without providing any reasons whatsoever.
- 19.1 The House Betting Rules, where applicable, and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) shall form an integral part of these Terms and Conditions.
- 19.2 In the event that there is any conflict between the provisions of the House Betting Rules and any other terms and conditions governing the use of and access to the Services, Software, Information and the Website(s) and these Terms and Conditions, unless expressly provided otherwise, these Terms and Conditions shall prevail.
20. FORCE MAJEURE
- 20.1 If MrKaya fails or is in delay with the performance of any obligation under these Terms and Conditions due to the occurrence of events of whatever nature which are beyond MrKaya’s control, including, but not limited to: an Act of God, changes in applicable laws or regulations, action or inaction of governmental, civil or military authority, court orders, act of terrorism, lightning or fire, strike, lockout or other labour dispute, flood, draught, war, riot, theft, transmission or system failures, failure or interruption in the provision of telecommunications or broadband services, failure or shortage of power supplies or equipment, inclement weather, earthquake and natural disasters, such failure or delay does not constitute a breach of these Terms and Conditions. You agree to take all necessary action to minimise the consequences of any such cause.
- 21.1 Failure by MrKaya to enforce at any time any of the provisions hereof shall not be construed or deemed to be a waiver of MrKaya’s rights hereunder or in any way affect the validity of the whole or any part of these Terms and Conditions, or prejudice MrKaya’s rights to take further action.
- 22.1 In the event that any or any part of the terms, conditions and provisions shall be determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
23. GOVERNING LAW AND JURISDICTION
- 23.1 You agree that your access to and use of the Services, Website(s), Software, the Information and the interpretation these Terms and Conditions shall be governed by and construed in accordance with the laws of Philippines.
- 23.2 Any claim arising out of or in connection with these Terms and Conditions:
- i. If commenced by you, shall be referred to and finally resolved by arbitration in the Court of the Philippines in accordance with the Court of the Philippines rules for the time being in force which rules are deemed to be incorporated by reference to this clause. The language of the arbitration shall be the English language.
- ii. if commenced by MrKaya, shall be either, at the sole option of MrKaya:
- a. referred to and finally resolved by arbitration as per clause 23.2(i) above; or
- b. Before the courts of Philippines to which you agree to submit, provided always that such submission shall not affect the right of MrKaya to take legal action or proceedings in any other jurisdiction.