Terms and Conditions
IMPORTANT: PLEASE READ THE INFORMATION SET OUT BELOW CAREFULLY BEFORE ACCEPTING THESE TERMS AND CONDITIONS, THEN PRINT AND STORE THESE TERMS AND CONDITIONS ALONG WITH ALL TRANSACTION DATA, RULES AND REGULATIONS AND PAYMENT METHODS RELEVANT TO YOUR USE OF THIS WEBSITE.
Introduction to the general terms and conditions
Bayview Technologies Ltd. (the "Company") operates this online sports betting and gaming website. The Company is regulated and licensed in compliance with the laws and regulations of the Philippines to conduct remote betting and gaming business. The Company is the operator of this website (the "Website") www.dafabet.com through which the Company provides its online sports betting and gaming services.
General terms and conditions
The following are the terms and conditions governing the use of this Website. All user activities on the Website are subject to and governed by these terms and conditions.
1. Applicability of these Terms and Conditions
2. Your Representations
In accepting these terms and conditions, you irrevocably and unconditionally represent and warrant, and are bound without reservation or limitation (as the case may be) to such representations and warranties, that:
You are at least 18 years of age, or the age of consent or majority in your home jurisdiction, whichever is higher;
Legally able to participate in Gambling within your home jurisdiction;
Has the mental capacity to take responsibility for your own actions and be bound by these terms and conditions.
The Company reserves the right at any and all times to void any transactions involving minors or other incapacitated individuals, as the case may be.
If you wish to place a bet with the Company, you should note that there may be specific laws in your country, place of residence, or the place where such bets are placed from, which prohibit online betting and/or online gaming (collectively, "gambling") or the use and access of this website. You irrevocably and unconditionally represent and warrant, without reservation or limitation, to the Company that you will not access or register on the Website at any time:
a. from within a jurisdiction that prohibits the access or use of this website for any reason whatsoever;
b. from within a jurisdiction that prohibits gambling;
c. if you are a resident of a nation state that prohibits its citizens from participating in gambling (regardless of their current location); and
d. if you are a resident of the following countries or jurisdictions: Hong Kong S.A.R., Macau S.A.R., the United States of America or its territories, Israel, France, Spain, Portugal, Switzerland, Ireland, Cyprus, Turkey, Taiwan, Singapore and the Republic of the Philippines (collectively " Prohibited Jurisdictions " ).
You further agree, accept, irrevocably and unconditionally represent and warrant without reservation or limitation to the Company that:
it is your sole responsibility to ensure compliance with your applicable local or national laws before registering with and/or placing bets with the Company. You are encouraged to seek independent legal advice before registering and/or placing any bets with the Company to verify that your proposed dealings with the Company is not contrary in any way to any such laws. The Company does not accept any responsibility for your breach of any applicable local or national laws and you shall hold free and harmless the Company and indemnify it for any damages it may sustain as a result of such breach.; and,
you acknowledge and recognize that the Company is legally and licensed for the provision of gambling services, hence the Company taking the position that it is rendering Services from a jurisdiction where is legally permissible to do so, licensed and regulated and making an effort to not take business from Prohibited Jurisdictions or Customers in, or from Prohibited Jurisdictions.
Without limiting clause 2.2 and 2.3 in any way, legal persons or entities (such as but not limited to corporations, partnerships, companies and other legal entities) residing/domiciled, physically located, or incorporated within, with any business presence in, or targeting markets of, the Prohibited Jurisdictions may not at any time use any of the services or products offered by the Company in anyway. Accordingly, you irrevocably and unconditionally represent and warrant without reservation or limitation to the Company that:
you are not residing/domiciled, physically located, or incorporated within, with any business presence in, or targeting markets of, the Prohibited Jurisdictions; and
you will not place any bets from any of the Prohibited Jurisdictions.
2.5 The Company reserves the right to request proof of identity and age as a condition precedent to allow registration, access and participation in this Website, and at any stage, in order to verify that minors are not participating. The Company may cancel your account and exclude you from participating if proof of age is not provided or if the Company suspects you are underage or otherwise legally incapacitated from participating.
You agree that your use of this Website is at your sole risk and further understand and agree that by using the Website and/or the services offered herein, you may lose money on bets placed and you accept full responsibility for any such loss.
You agree irrevocably and unconditionally represent and warrant without reservation or limitation to the Company that you will not represent yourself as an agent or affiliate of the Company without a written statement to that effect from the Company; and furthermore that you shall, in no way market, advertise, publicize, or promote the Company or the Company's Services without the previous written consent of the Company.
You warrant that you will not attempt to attack, hack, make unauthorised alterations to, or introduce any kind of malicious code to the Website. As such, you will not, without limitation, (a) reverse engineer or decompile (in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter, use or distribute all or any part of the Website or any material or information contained on it; or (c) disclose account information to any third party; or (d) contravene any of the provisions stated herein specially but not limited to Clause 6 below; or (e) cheat, deceive, trick, misinform or defraud the Company in any way through use or abuse of the Company's services or this Website. Should the Company suspect that you have failed to abide by the terms of this provision, the Company shall have the right, in addition to any other remedy, to freeze or suspend your account with the Company in order to carry out further investigations. If it is confirmed that you failed to abide by the terms of this provision, this will result in the termination of the Services to you, closure of your account and forfeiture by the Company of any amounts in your account.
You will inform the Company, as soon as reasonably possible, of any error in any payments you received, or payments paid to, the Company and any errors in your account information held by the Company of which you become aware in order for such error to be dealt with by the Company in accordance with Clause 5 below.
You will not allow or authorize any other person or third party (including but without limitation to, any minor) to use the Company's services, use your account or accept any winnings on your behalf.
You will forthwith report any and all winnings to the proper authorities if you reside in a jurisdiction where such winnings are taxable or are otherwise required by law to be disclosed, and the Company shall not, in anyway, be liable for your failure to do so.
You agree to fully indemnify, defend and hold the Company, and its officers, directors, employees, consultants, advisors, agents and suppliers harmless, immediately upon demand, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, (regardless of theory of law) arising out of your breach of any of the terms and conditions or the rules and regulations or any other liabilities arising out of your use of the Website or use by any other person accessing the Website using your Account Information details.
3. Account Information and Personal Information
You may only deposit money with the Company through the pre-approved payment methods available in the Website, you must only deposit and receive money through the same Payment Solution Companies authorised by the Company ( " Authorized Payment Solutions " ) used to deposit funds, except when you deposited money directly with the Company. Authorized Payment Solutions cannot represent themselves as authorized to receive funds on behalf of the Company without a previous written statement to that effect from the Company; and furthermore Authorised Payment Solutions cannot in any way market, advertise, publicize, or promote the Company or the Company's Services without the previous written consent of the Company.
To access the Company's betting services, you must first register on the Website and open an account.
You agree to provide all relevant Personal Information to the Company on registration and it is your responsibility to ensure that your Personal Information are kept up-to-date on the Website, especially address, telephone number and payment/bank details (if applicable). You must provide truthful information when opening an account and failure to do so will result in a breach of these terms and conditions and immediate closure of the account forfeiting all money available in the account to the Company. You agree upon request by the Company to provide the Company with any documentation to verify the Personal Information you have provided to the Company. You authorise the Company to use any lawful means that the Company considers necessary to verify the Personal Information you have provided as set out in the online enrolment form ( " Personal Information " ). Such Personal Information includes all required information from you, as determined by the Company in its sole and absolute discretion, so as to allow the Company to properly identify you. When the aforementioned online enrolment form has been submitted to, and accepted by, the Company, you will be deemed a Registered Customer ( " Registered Customer " ). The Company reserves the right of accepting or rejecting registration for any reason whatsoever. Only Registered Customers may use the Company's Services and bet only up to their bet limit or monetary amount available in their account.
You may open only one account on the Website and with the Company. Any additional accounts that are opened may be closed by the Company and any outstanding amount returned to you or all such accounts may be treated as one joint account and merged together by the Company, in either case at the Company's sole and absolute discretion. You agree that the Company shall use any method it deems reasonable to determine if two or more accounts belong to the same customer.
As a Registered Customer, you will be presented with a username and password ( " Account Access Information " ) which you will only use personally. It is your responsibility to ensure that the Account Access Information remains confidential at all times and you shall be fully responsible for any misuse and/or unauthorised disclosure of Account Access Information to any third party. If you are concerned that your Account Access Information has been made available, its security has been compromised or has been accessed by any third party, you should forthwith notify the Company immediately whereupon new Account Access Information may be provided by the Company to you. Any bets or requests made online where the correct Account Access Information has been used will be considered valid and binding to you and the Company. Only after your notification to the Company that your Account Access Information has been compromised and the Company suspending the account will bets or requests made online with the Account Access Information be deemed void.
The Company may require you to change your password or your Account Access Information from time to time or the Company may suspend your account if the Company has reason to believe that there is likely to be a breach of security or misuse of the Website. The Company may, at its sole and absolute discretion, change your Account Access Information upon prior notice to you.
To maintain a high level of security to protect customer funds, the Company may perform random security checks. You hereby accept that the Company maintains the right to demand additional information and/or documentation from you in order to verify your identity as the account holder in the event of such a security check.
You should check your account balance each time you access the Website. In the event of any discrepancies in your account balance, it is your responsibility to forthwith notify the Company at the earliest opportunity of such discrepancy in your account balance and provide the Company with your record of transactions since the date when you last verified your account balance. Should the Company not receive any notification of any such discrepancies in your account balance for a particular month within thirty (30) calendar days from the last day of the said month, you agree to forfeit any and all claims for any discrepancies in your account balance and accepts all information in your account at the end of the said period.
The Company reserves the right to close or suspend your account with the Company and to either refund or withhold the balance of that said account, at the Company's sole discretion, without further explanation to you. In this event, however, outstanding bets will be honoured, provided always that you have properly placed the bets in accordance with these terms and conditions.
In the event that you deposited and wish to withdraw without receiving any bonuses, you have to wager at least one time of the full deposit amount to be able to withdraw. Any bets rejected, voided, drawn or tied will not count towards any wagering requirement. You may withdraw money from your account provided that there is sufficient balance in your account and this has been confirmed by the Company, and in accordance with posted Guidelines for withdrawals, if any, available on the Website.
You may cancel your account with the Company at any time by informing the Company in writing of your intention to do so by contacting us at firstname.lastname@example.org. If you decide to cancel your account with the Company, you must stop using the Website immediately. Only after notification by the Company that your Account has been cancelled will bets or requests made online with the Account be deemed void, You will continue to be liable for any activity on your Account until such notification of Account cancellation from the Company.
It is your responsibility to actively maintain your account with the Company. In this regard, you have to have at least logged in once to the Website and utilized the Company's services in any twelve (12) month period to maintain an active account. If your account is inactive for twelve consecutive (12) months or longer, the Company reserves the right to close your account with the Company and you agree to forfeit any outstanding balance and all claims against the Company. 3.13 The Company may suspend or cancel at any time your account if you breach any of your obligations under these terms and conditions. In case of your material breach of any of the provisions of these terms and conditions, as determined by the Company in it's sole and absolute discretion, the Company reserves all its rights and remedies against you under these terms and conditions and at law. Further, the Company reserves the right to retain any outstanding funds from you as a guarantee of your obligations hereunder and/or any liability arising from the said breach of these terms and conditions
4. Terms of Bet Acceptance
The Company will only accept bets from Registered Customers made online via the Website.
You are only deemed to have placed a bet if you are a Registered Customer at the Website, and your bet is deemed to be placed from the jurisdiction of the Internet Protocol Address recorded by the Company from where you are accessing the Website. A bet is deemed accepted only when it has been accepted and recorded by the Company's gaming server in the jurisdiction where the Company's gaming server is located. The Company will notify you through the Website when such bet has been accepted and recorded by the Company in accordance with the above. A bet is deemed completed when accepted and recorded in the jurisdiction where the Company's gaming server is located and you have been notified of said acceptance and recording, all in accordance to these terms and conditions.
When you have successfully placed a bet on the Website, you will receive an electronic acknowledgement (notice), which is confirmation of acceptance and record of the bet by the Company.
A bet will be deemed void if it is not transmitted in full, including but not limited to instances where the bet transmission has been disrupted or interrupted due to technical problems.
You will not be allowed to cancel or change your bets once these bets have been placed, accepted and recorded by the Company and the Company is under no obligation to cancel bets that have been validly placed, accepted and recorded in accordance with these terms and conditions. If there is any dispute relating to the placement of a bet, you should notify the Company before the finalization of the acceptance of such bets and/or before the event on which the bet has been placed occurs. The Company shall investigate such disputes accordingly and resolve them reasonably in its sole and reasonable discretion.
For the protection of your interest and that of the Company, all electronic transactions will be recorded by the Company. When a dispute occurs which cannot be resolved by the Company's management, the relevant recording(s) will be used as evidence in such a dispute. You hereby agree that such recordings will be the ultimate authority in resolving such disputes that are true and accurate and resolve the dispute as a last recourse.
The Company reserves the right to suspend or prohibit further betting on a market at anytime without prior notice to you at the Company's sole and absolute discretion. When a market is suspended or access to it prohibited,
any attempted bets entered thereafter will be rejected.
The Company does not accept any responsibility for failure in any equipment or telecommunication that prevents the correct placing, accepting, recording or notification of bets.
The Company shall not, in any event, be liable for any damages or losses that are deemed or alleged to have resulted from or been caused by the Website or its content, including but without limitation to, delays or interruptions in operation or transmission, communications lines failure, any person's use or misuse of the Website or its content, or any errors or omissions in content in relation thereto.
Bets will be accepted up to the advertised deadline of until when bets are accepted ( " deadline " ) for any given event. Such deadlines are deemed to be incorporated by reference into these terms and conditions and you have agreed to. If a bet is inadvertently accepted after its deadline, the bet shall be deemed void and the Company reserves the right to void any such bet.
Bets placed by credit or debit card do not become valid until the Company (or its Authorised Payment Solutions) has received payment in full, subject always to Clause 4.2 above. In the event that you have placed a bet prior to payment in full, then such bet shall be automatically voided.
Your account must have a positive funds balance reflected in excess of the bet amount in order for you to be able to place bets. Otherwise bets will not be allowed.
All prices/lines displayed on the Website are subject to variation but become fixed at the time a bet is placed, accepted and recorded in accordance with Clause 4.2 above. The Company reserves the right, at its sole and absolute discretion without explanation, to change the odds, prices, or any information on a bet type, market or event at any time without prior notice to you. The Company likewise reserves the right at its sole discretion to either void or reject any affected bets at any time or to correct any error when by error, omission or mistake the incorrect odds, prices, or any information on a bet type, market or event at any time where displayed. The Company will place a prominent notice on the Website in such events.
The maximum bet amount that you may place on any market or event varies according to the specific bet type, and is subject to change without prior notice at the Company's sole and absolute discretion.
You acknowledge and agree that your Account with the Company is not a bank account and is therefore not insured, guaranteed, sponsored or otherwise protected by any deposit or banking insurance system or by any other similar insurance system. Any monies deposited with the Company in your Account shall not attract any interest. As such, we do not provide particular protection for the monies deposited in your Account in the event of our insolvency.
5. The Company Conduct and Limitation of Liability
Winnings will be credited or loses reflected to your account following confirmation of the final result from the relevant, reasonably appropriate, source (which in the case of a sporting event is most likely to be the sports governing body).
Should funds be credited to or debited from your account in error, it is your responsibility to notify the Company of the error without delay. Any sums credited to you due to the error will be deemed invalid and must be returned to the Company. You may not dispose of or place bets using funds credited to your account in error and the Company reserves the right to void any transaction (including bets) involving such funds. You hereby agree to the return of any erroneously credited funds that you may have withdrawn and winnings from bets placed using such erroneously credited funds.
The Company will not be held responsible for any typographical, technical, or human error in posting odds and/or handicaps. In the event of error, the Company reserves the right at its sole discretion to either void any affected bets at any time or to correct the error.
The Company. will under no circumstances be held liable in equity, contract, tort, negligence, or otherwise (or any theory of law) for any damages or losses whether direct, indirect or any other nature, without limitation, that are deemed or alleged to have resulted from or been caused by the Website or its content including, but without limitation to, errors, inaccuracies or ambiguity in the Website or its contents, failures, malfunctions, delays or interruptions in operation or transmission, communication line failure, any persons, use or misuse of the Website or its content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss or damage (even where you have notified the Company of the possibility of such loss or damage).
The Company will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.
The Company reserves the right to withdraw the Website or elements of the Website at any time, and save for any rights that you may have over deposited funds in its account, the Company will not be liable to you in any other way as a result of any such action.
6. Use of the Website
Without limiting its ability to seek alternative remedies, the Company may, in its sole and absolute discretion. restrict your ability to use the Website, suspend or terminate your account, void any bets, forfeit or withhold funds, if the Company has reason to believe or suspicion that your dealings with the Company constitute fraudulent activity, wrongdoings or related to money laundering. You acknowledge that if your use of the Website is in breach of any local or national laws, such as but not limited to, fraud or money laundering, any payments you make with or by the Company may be liable to forfeiture or may be frozen by the Company. To the extent permitted by law, the Company shall not be liable to you for any such payments, nor shall it incur any liability to you where the Company is required to give information or documentation relating to any relevant regulatory authority.
The Company reserves the right to void any or all bets made by, and/or withhold payments payable to, any person, group of persons or legal entities acting in concert or as a syndicate to defraud the Company, pending the outcome of a subsequent investigation by the proper authorities.
You agree to indemnify the Company, its directors, employees, shareholders, consultants and advisors for all losses and damages suffered by it as a result of fraud, or reasonable belief that there is fraud and/or a money laundering activity. The withholding and forfeiture, and claims for losses and damages will extend to all customers who are involved and/or which the Company believes to be involved in such fraud and wrongdoings.
" Wrongdoings " and/or " fraud " shall include but not be limited to attempts to circumvent these terms and conditions, rules and regulations, single account per player requirement, betting limits, the win limits, hacking, unauthorized use of the Account Access Information, Account or third party accounts, attempts to circumvent or bypass any security mechanisms available on the Website or the Company's systems or networks, wrongfully, deliberately or knowingly transfer funds from a third party's account or funds not lawfully owned, any act or omission through use of the Website of the Company's services cause any harm to the Company or to any third party, false Personal Information, fund transfers and any actions and/or omissions which the Company reasonably deems to be fraudulent and/or a wrongdoing/s.
7. General Rules and Specific Event Rules
For the Online Sportsbook, the following terms shall govern:
"Online Sportsbook" shall mean the Company’s internet betting system on the Website and related services and gaming activities as offered and listed at www.dafabet.com including but not limited to, online sportsbook, online casino and/or online keno and/or online poker room and/or progressive jackpot games and/or any other games, where applicable. "Software" shall mean the software licensed to the Company including any program or data file or any other content derived there from, that is required to be accessed or otherwise utilized by you from the Website enabling you to participate in the Online Sportsbook.
The Company hereby grants you a personal, non-exclusive and non-transferrable right to use the Software, for playing in the Online Sportsbook and other online games, in accordance with the following provisions:
You are not Permitted to: install or load the Software onto a server of 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; sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), the license to use the Software or make or distribute copies of the Software; translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software; copy or translate any user documentation provided 'online' or in electronic format; 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; enter, access or attempt to enter or access or otherwise bypass the our security system or interfere in any way (including but not limited to, robots and similar devices) with the Online Sportbook or other online games or the Website or attempt to make any changes to the Software and/or any features or components thereof
You do not own the Software. The Software is owned and is the exclusive property of a third party software provider company, (the 'Software Provider'). The Software and accompanying documentation which have been licensed to the Company are proprietary products of the Software Provider and protected throughout the world by copyright law. Your use of the Software does not give you such ownership of any intellectual property rights in the Software. This agreement applies only to the grant of the license to use the Software.
THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.
THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE NEITHER THE COMPANY NOR OUR SOFTWARE PROVIDER WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING FROM SUCH ERRORS. THE COMPANY FURTHER RESERVES THE RIGHT IN THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS.
You hereby acknowledge that it is not in the Company’s control how you use the Software. You load and use the Software at your own risk and in no event shall the Company be held liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from our negligence).
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 the terms of this agreement. 7.1.3 You agree to fully pay any and all payments due to us or any third party in connection with the use of our services. You further agree not to make any charge-backs and/or renounce or cancel or otherwise reverse any of your due payments and in any such event, you will refund and compensate the Company for such unpaid payments including any expenses incurred by the Company in the process of collecting your payment.
In the event of any dispute regarding a wager or winnings, the Company’s decision will be final and binding.
The Company reserves the right to reasonably withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction in order to ensure that payment of the winning amount is being made to the correct person. For this purpose, the Company further reserves the right, at our sole discretion, to demand that you will provide the Company with a notarized ID or any equivalent certified ID according to the applicable law of your jurisdiction.
In the event that the Company will suspect fraud or fraudulent activity on your part or any of your payments are charged back, the Company will have the right to withhold any pay-out or winning amounts due to you and if necessary, to lawfully collect any payments owed by you.
The Company reserves the right to withhold or otherwise decline or reverse any pay-out or winning amount or amend any policy in the event that we suspect that you are abusing or attempting to abuse any of the following: (i) bonuses; (ii) other promotions; or (iii) specific policy or rules determined in respect of an existing game or a new game.
8. Sports Betting Rules
In addition to these Terms and Conditions, the Sports Betting Rules shall apply to the Customer and be binding upon you in respect of your Participation in the Sportsbook.
You agree to be bound by the Sports Betting Rules, which are hereby incorporated into these Terms and Conditions.
9. Applicable Law and Jurisdiction
The construction, validity and performance of this agreement will be governed by the laws of the Philippines. However, this shall not prevent the Company from bringing any action in the court of any other jurisdiction for injunctive or similar relief. The English language version of this Agreement will prevail over any other language version issued by the Company. Under the Online Gambling Regulation Act 2001 online gambling debts are enforceable in the Isle of Man
10. Self Exclusion
As a responsible gambling operator we allow all customers the opportunity to self-exclude themselves from our gaming offerings – please contact our customer support for immediate assistance.