GENERAL TERMS AND CONDITIONS GOVERNING THE USE OF THIS WEBSITE
Introduction
Saftote is the banner under which Phumelela Gaming and Leisure Limited (Reg No 1997/011610/06) (“Phumelela”) and Gold Circle (Pty) Ltd (Reg No 1998/024366/07) (“Gold Circle”) commingle all totalisator or pari-mutuel betting pools in South Africa into single national pools. Phumelela, which is listed on the JSE Securities Exchange, and Gold Circle are the only horseracing and totalisator operators licensed by provincial gambling boards in South Africa. This Website is operated under the conditions of the Gauteng Gambling Board, having been approved by that Board.
Agreement
1. Effect of this agreement
1.1. By agreeing to these terms and conditions, you are bound by the entirety of this agreement.
1.2. If we change these terms and conditions we will take appropriate steps to bring such changes to your attention (such as by placing a notice of such change on a prominent position on the Website, together with the changed terms and conditions). Your continued use of the Website after such amendment and notification will be deemed to be your acceptance of the changes to the terms and conditions. Any bets accepted prior to the time of amendment and notification of the changed terms and conditions will be subject to the pre-existing terms and conditions.
2. Your representations
2.1. You are over 18 years of age.
2.2. You can enter into a legally binding agreement with Saftote.
2.3. You understand that by using our services you may lose money on bets placed and accept that you are fully responsible for any such loss.
2.4. You will not use our services while located in any jurisdiction that prohibits the placing of bets online or by telephone.
2.5. You warrant that you are acting as a principal and not as an agent on behalf of a third party.
2.6. You are not an unrehabilitated insolvent and you have not committed an act of insolvency.
2.7. If paying by credit card, you are the authorised user of such card. At no time in the past have you failed to honour a liability on a bet by charging back to your card issuer a payment made by card for betting services.
3. Accounts and payments
3.1. Opening an account
3.1.1. Before you are able to start betting on the Website, we will require you to first register with us by opening an online betting account or enabling your telephone betting account for online betting
3.1.2. We may not accept registration from persons resident in jurisdictions that prohibit online or telephone betting.
3.1.3. You agree to provide accurate registration information, including your ID number, physical address and contact number. You agree to inform us of any changes in such details.
3.1.4. In the event that you select to transfer funds into your account from your credit card, you will provide us with your credit card information including your correct billing address, card number and expiry date.
3.1.5. You authorise us to use any means that we consider necessary to verify your identity and creditworthiness with any third party providers of information.
3.1.6. Registration will be conducted using secure server encryption.
3.1.7. You will inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any bet you have placed. We reserve the right to declare null and void any bets, which are the subject of such an error and cancel the best, where possible.
3.2. Confirmation and passwords
4.2.1. If you register with us via the Website, upon completion of registration, we will confirm by electronic mail to the address you have supplied that your account is open.
4.2.2. On registration via the Website, you will be supplied with an account number and pin, and for security reasons, you’re encouraged to change the supplied pin to your own.
4.2.3. You agree to keep your account number and pin confidential and that you are responsible for any misuse of your logon details. Provided that we have been correctly supplied with the account information required to logon/access your betting account, we are entitled to assume that any activity on your betting account is made by you.
4.2.4. You agree to inform us at once by electronic mail or telephone if you believe that your account information is being misused by a third party so that we may suspend your account.
4.2.5. If you are using the Website, we recommend that you disable any automatic pin number memory in your browser prior to use. This will help to limit the risk of unauthorised use of your account.
3.3. Deposit of Funds
3.3.1 All bank charges incurred will be for the account of the account holder.
3.3.2. You may deposit funds into your account from your credit card. You may also make a direct bank transfer to us, deposit cash or send a cheque.
3.3.3. We accept credit card payments from MasterCard and Visa.
3.3.4. The details you will need to make your payments are available on the Website under Deposits.
3.3.5. Deposits will incur charges depending on the method you select and the charges imposed on us by our acquiring banks. The charges imposed on us may change from time to time and you acknowledge that we may revise our charges to reflect such changes. Your bank may independently charge you for bank transfers.
3.3.6. Use of your account is contingent on you depositing funds into your betting account.
3.3.7. If you use a credit card to make your deposit, your funds only clear when we have received an approval and authorisation code. If you pay by cheque, your funds will only clear when your bank has actually paid the funds into our account. Should your card issuer not authorise the funds transfer, or if your cheque is dishonoured your account will not be credited with those funds.
3.3.8. Your funds are deposited in a stakeholder account held by Phumelela, who will act as your agent in accordance with these terms.
3.3.9. Should your account go overdrawn due to a duplicate payment error, such as a withdrawal request being processed twice by our payment partners, you agree to authorise Saftote to deposit further funds into your account from your registered credit card. You further authorise us to use whatever means necessary to recover such funds. Saftote will make reasonable efforts to contact you before making any such manual transaction.
3.4. Exposure management
3.4.1. The amount of money in your account which has not yet been placed on an accepted bet represents your balance.
3.4.2. We reserve the right to close your account and to refund to you your outstanding Balance.
3.4.3. You may not request the withdrawal of any sums, before the settlement of outstanding bets and/or pending cancellation of any outstanding bets.
3.4.4. Money in your betting account will not earn interest.
3.5. Winnings
3.5.1. All winnings will be held for the use of your betting account following confirmation of the relevant result.
3.5.2. Any amounts which are mistakenly credited as winnings to your betting account remain the property of Saftote and will automatically be transferred from your account upon the error being noticed. Any winnings mistakenly credited to your account yet withdrawn by you will constitute a debt owed by you to Saftote in the amount of such wrongfully attributed winnings.
3.6. Withdrawal of funds
3.6.1. You can only withdraw against your winnings and not deposits. 3.6.2. If you are using the Website, you may withdraw funds from your betting account by issuing us with a valid notice of withdrawal in the manner specified in Withdrawals.
3.6.3. As per South African banking regulations, you may not withdraw funds from your betting account and deposit/transfer these into your credit card.
3.6.4. You may withdraw additional winnings to your bank account by electronic bank transfer.
3.6.5. We will not accept withdrawal requests made other than via the facility provided in the Withdrawals section of this site. Saftote employees are not authorised to effect such payments.
3.6.6. The charges for withdrawals via credit cards, cheques, and electronic bank transfers will reflect charges imposed on us by our bank. These charges may change from time to time and you acknowledge that we may revise our charges to reflect such changes.
4. Cancellation of a bet For security reasons, once a bet has been placed on the Website, it can only be cancelled by calling our telephone betting centre on (011) 492 2600 before the off of the race.
5. Communications and notices Communications and notices to be given under this agreement (other than those exchanges of information occurring in the normal operation of the site) should be sent to us in the manner prescribed in the 'Contact Us' page on this Website.
6. Saftote
6.1. Indemnity
6.1.1. You hereby indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents and employees harmless from any liabilities, claims, losses or demands made by any third party arising out of your breach of this agreement including documents incorporated by reference into this agreement or out of your violation of any law or the rights of any third party.
6.1.2. You acknowledge that the Saftote and its subsidiaries will hold information with respect to your identity, including but not limited to your name, address and payment details. You agree that we rely on this information in entering into this agreement with you and you agree to hold us harmless against any falsehood or inaccuracy contained in the information you provide us.
6.1.3. Saftote makes no warranty that access to the Website will be uninterrupted and does not accept liability for your inability to connect to, or operate Saftote.com and/or the Website. You indemnify and hold harmless Saftote for any loss, liability, expense or damages (whether direct or indirect, incidental, special, consequential or punitive) suffered by you arising out of or in connection with such interruption or inability.
6.2. Matters beyond our reasonable control
6.2.1. We are not liable for any loss or damage that you may suffer because of any: act of God; power cut; trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party. In such an event, we reserve the right to cancel or suspend our services without incurring any liability.
6.2.2. We are not liable for the failure of any equipment or software, wherever located or administered, or whether under our direct control or not, that may prevent the operation of our betting services, impede the placing of bets, or prevent you from being able to contact us.
6.3. Limitation of liability
6.3.1. We exclude all representations and warranties as to the Website's fitness for its intended purpose.
6.3.2. We will not be liable to you for any loss that you may incur as a result of misuse of your account number and pin, and we accept no liability resulting from its unauthorised use, whether fraudulent or otherwise.
6.3.3. In no event will we, or any of our suppliers, accept any liability however arising for any losses you may incur as a result of placing bets or otherwise by your use of the Website, this agreement or our services. Under no circumstances will our liability under these terms and conditions or for breach of contract, tort or otherwise exceed your maximum permitted exposure. Under no circumstances will we be liable for any indirect, special or consequential damages, loss or profits or the benefit of any bet arising from breach of contract, negligence or other liability even if we had been advised of or known (or should have known) of the possibility of such damages or loss.
6.4. Intellectual property
6.4.1. Phumelela and Gold Circle are the sole owners of the name "Saftote" and any unauthorised use of the name may result in prosecution.
6.4.2. www.saftote.com is the uniform resource locator ('URL') of Saftote and no unauthorised use may be made of this URL on another website or digital platform without our prior written consent.
6.4.3. We are the sole owner and authorised holder of the rights to our technology, software and business systems.
6.4.4. Your registration and use of our Website confers no rights whatsoever to the intellectual property contained in our Website. You agree not to use any automatic or manual device to monitor or copy our web pages or any content therein. Any unauthorised use or reproduction may be prosecuted.
6.4.5. All materials (the Content) made available through or appearing on the Website, including but not limited to text, software, photos, images, videos, graphics, music, audio clips and sound contains copyrighted material, trademarks, service marks, logos and other proprietary information, are or may be protected by South African and international intellectual property laws and treaties. Saftote is the exclusive owner of all intellectual property rights, including but not limited to trademarks, copyright, trade names, logos and business methods, in and to the Content and the individual components of the Content, alternatively, Saftote is the lawful user of the Content.
6.4.6. Saftote authorises you to view, copy, download and print the Content, or parts thereof, provided that:
6.4.6.1. you do so for your personal, non-commercial and information purposes only;
6.4.6.2. all such use is entirely at your own discretion and risk;
6.4.6.3. you are expressly prohibited from modifying, decompiling, engineering, reverse engineering, publishing, transmitting, participating in the transfer or sale, creating derivative works, or in any way exploiting any of the Content, in whole or in part;
6.4.6.4. nothing contained on the Website should be construed as granting a license or right to use any of the trademarks of Saftote without the express, written consent of Saftote;
6.4.6.5. any Third Party Content Provider that holds any intellectual property rights of any nature in any part of the Content, shall be entitled to assert and enforce the provisions of this clause 7 either individually or jointly; and
6.4.6.6. you agree not to alter or delete, in any way, any proprietary notices from any Content downloaded or printed from the Website.
6.4.7. Any unauthorised copying, reproduction, distribution, redistribution, dissemination, sale, publication, retransmission or other circulation or exploitation of any portion or the whole of the Content, is strictly prohibited without the express written permission of Saftote and/or any relevant Third Party Content Provider. Saftote may, in appropriate circumstances and at its sole discretion, terminate use of the Website by any visitors who infringe on the intellectual property rights of Saftote and/or others.
6.5. Third Party Links
6.5.1. The Website may contain electronic hyperlinks to other sites (the linked Sites). The Linked Sites are not under the control of Saftote and Saftote is not affiliated to, does not control and is not responsible in any way whatsoever for the content of any Linked Site, and accordingly does not guarantee the accuracy, completeness, integrity or quality of any services or information offered by the Linked Site. Saftote provides links only as a convenience, and such inclusion of any link does not imply endorsement by Saftote of the relevant Linked Site. Accordingly, your use or reliance upon any Linked Sites is entirely at your own risk, and Saftote shall not be responsible for any loss, liability or damage (whether direct, indirect, consequential, special or punitive) whatsoever that you may incur from dealing with any third party.
6.5.2. If any Linked Sites contain adult content, racist comments or violence, material that infringes or violates someone's rights, or material that promotes or disseminates illegal activities, please contact Saftote and we will, to the extent that Saftote may, use all reasonable endeavours to remove such content from the Website.
6.6. Cession/Assignment
You may not cede or assign any part of this agreement.
6.7. Severability
In the event that any provision of these terms and conditions is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.
7. Breach of this agreement
Without limiting our other remedies, we may suspend or terminate your account and refuse to continue to provide you with our services, in either case without giving you prior notice, if you breach any term of this agreement or we believe that your actions may result in legal liability for you, for Saftote or for third parties.
8. Governing law and jurisdiction
This agreement is governed by the laws of the Republic of South Africa.
9. Termination
9.1. You may terminate this Agreement at any time you wish, by discontinuing your use of and access to the Website and/or its services.
9.2. Saftote reserves the right, without prejudice and in addition to any rights which it may have in terms of this Agreement or in law, to immediately terminate your use of the Website and/or the services provided via the Website without notice, in the event of any breach of this Agreement by you, or in the event of any conduct by you that considers to be unacceptable. You agree that Saftote shall not be liable to you or any third party for any loss, damages (whether direct, indirect, consequential, special or punitive) or liabilities arising out of or in connection with such termination.
10. Disputes and Discrepancies
10.1. The decision of Saftote will be final and binding in all matters.
10.2. In the event of any apparent discrepancy between any results in respect of any Saftote service in which you participate, as they appear on your computer, and the corresponding results on Saftote’s systems, the results as they appear on Saftote’s systems shall take precedence.
Privacy Policy
1. Any information you send us will be kept confidential, save as we are obliged to disclose on a need to know basis in accordance with the laws of South Africa from time to time or conditions of the operators’ licenses.
2. Your privacy is of the utmost importance to us, and in order to ensure your privacy we will adhere to the following principles:
2.1. Personal information is required from you to register on our Website. This information includes your name, ID number, physical address, email, phone numbers, banking details, as well as your account number and pin. All the information you divulge to us through the Saftote servers will be encrypted.
2.2. Your personal information will enable us to verify your identity when accessing the Saftote.com Website.
2.3. You hereby authorise Saftote to disclose this personal information when required for:
i. Any Regulatory body or law that requires us to disclose this information
ii. To protect our intellectual property.
2.4. No third parties of any nature whatsoever will have access to your personal information.
2.5. All information transmitted on the website is done so at your own risk. You hereby indemnify Saftote and hold us harmless for any claim that may be brought against us by a third party as well as for any losses, costs, damages, liabilities or expenses as a consequence of your personal information coming into the hands of an unauthorized third party.
2.6. The onus is on you to prevent unauthorised third parties from accessing your betting account and or personal information. To prevent this you should keep both your account and pin numbers strictly confidential.