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Terms & Conditions

Last modified:: February, 15, 2023

RECITALS

  1. Resort Kenya Limited (Company Number: C.27824) (the “Company” or “we”) offers Online Casino gaming services through various channels, including but not limited to; Web based (Online), mobile phone applications (Android/IOS) SMS (short message service), and USSD codes (unstructured supplementary service data) (hereinafter referred to as “Mayfair Online Casino” or the “Services”).

  2. These Terms and Conditions (hereinafter referred to as the “Terms”) shall apply to the Services. By using Mayfair Online Casino’s SMS or USSD codes, visiting any section of the Company’s website and/ or by opening a gaming account (the “Account”) on Mayfair Online Casino, you (the “User” or “Customer”) agree to be bound by these Terms.

  3. To play on Mayfair Online Casino and open an Account, a person must have attained the minimum age of eighteen (18) years. The Company reserves the right to verify any Customer’s statement of age and to exclude Customers from the Services if there are any doubts regarding the attainment of the minimum age required.

  4. The Company reserves the right to change these Terms at any time and without prior notice and post any changes on the Mayfair Online Casino Platforms, including the Company’s website and hyperlinks in the SMS and USSD Codes.

  5. You must accept the Terms in order to access and/or use the Services. Continued access to the Mayfair Online Casino Platforms and/or use of the Services signifies your unqualified acceptance of these Terms as amended from time to time. If you do not agree to any of the terms set out in these Terms, you must immediately stop accessing the Mayfair Online Casino Platforms and using the Services.

  1. DEFINITIONS

    1. “Account” means an account maintained by a Customer in respect of a specific Mobile Telephone Number, on the Mayfair Online Casino Platforms, for purposes of making Bets and playing on Mayfair Online Casino;
    2. “Betting Control and Licensing Board” or “BCLB” means the Board established by the Betting, Lotteries and Gaming Act Cap 131 Laws of Kenya to govern the operations of Betting, Lotteries and Gaming in Kenya;
    3. “Customer” means the holder of an Account, who is eligible to make Bets and whose Account has not been terminated, cancelled, suspended or closed;
    4. “Customer Care Team” means the Company’s helpline for Customers, contact details of which are set out in these Terms;
    5. “Bet” means a bet made by a Customer in respect of a particular Game for a particular Bet Fee and “Bets” shall be construed accordingly;
    6. “Bet Fee” means the fee payable by the Customer for a particular Bet in a Game and “Bet Fees” shall be construed accordingly;
    7. “Game” means a game available on Mayfair Online Casino for a particular Prize and “Games” shall be construed accordingly;
    8. “Jackpot” means a Game described as a Jackpot by the Company, and whose Prize is an amount to be determined by the Company;
    9. “KES” means Kenya Shillings, being the legal tender of Kenya;
    10. “Mobile Money” refers to the mobile money transfer and deposit system in respect of a Mobile Telephone Number and used by mobile telephone networks in Kenya that are compatible with Mayfair Online Casino such as M-pesa;
    11. “Mobile Telephone Number” means a mobile telephone number registered by a Customer in relation to an Account;
    12. “Prize” means the winnings relating to a particular Game and “Prizes” shall be construed accordingly;
    13. “Mayfair Online Casino Platforms” means the internet systems, computer systems, SMS, USSD Codes and any other systems used by/on behalf of the Company from time to time to operate the Mayfair Online Casino games, administer Accounts, facilitate Bets and pay Prizes and “Mayfair Online Casino Platform” shall be construed accordingly;
    14. “User” means any person who accesses the Company’s website, SMS service, USSD codes or any other Mayfair Online Casino Platform, whether or not they open an Account and become a Customer. “Users” shall be construed accordingly; and
    15. “Working Day” means any day other than a public holiday or weekend in which banks are open for business in Kenya; and
    16. “you” means a User or a Customer.

  2. ACCEPTANCE OF TERMS AND E-COMMUNICATION CONSENT

    1. Acceptance of these Terms is signified by you accessing a Mayfair Online Casino Platform, creating an Account or making Bets on Mayfair Online Casino.
    2. You agree to receipt of notices (including any records and communication) pertaining to your Account and Games from the Company in electronic format, including without limitation; on your Account, on email and on SMS. Such communication shall be considered to be “in writing” for purposes of these Terms.
    3. The Company will not send any paper (hard) copies of any notices, records or communication to you, unless the Company deems it appropriate to do so. You can obtain a paper copy of its electronic notices, records or communication by printing the same.

  3. ACCOUNT OPENING AND KNOWING YOUR CUSTOMER

    1. In order to open an Account, a person must:
      1. Have attained the minimum age of eighteen (18) years. The Company reserves the right to the right to verify any Customer’s statement of age and to exclude Customers from the Services if there are any doubts regarding the attainment of the minimum age required. Any Customer using our Services, who is identified as under-age, shall have all his/her Prizes forfeited and his/her Account shall be blocked immediately;
      2. Have a valid form of government issued identification (such as a national identity card);
      3. Have a valid Mobile Telephone Number registered with a licensed mobile telephone network and which would be used to open and maintain your Account; and
      4. Have a valid Mobile Money account registered against a Mobile Telephone Number which would apply to your Account.
    2. To open an Account, you must follow the instructions on the Mayfair Online Casino Platform.
    3. The Company reserves the right to allow or reject an Account opening, depending on its internal procedures.
    4. Accounts are limited to one Account per Mobile Telephone Number.
    5. By accepting these Terms & Conditions, you agree provide us with all information requested by us and necessary for the operation of your Account and to comply with our regulatory obligations, including, but not limited to, proof of identity, notarized documentation, proof of address, utility bills, bank details, bank statements and bank references. You shall provide us with any such requested documents immediately upon request and not later than within a reasonable time of response.
    6. By accepting these Terms & Conditions, you agree that we are entitled to conduct any necessary identification, credit and other verification checks that we may reasonably require and/or are required of us under Applicable Laws and regulation or by regulatory authorities.
    7. Until such time the requested information has been provided, we are entitled to restrict your Account in any manner that we may reasonably deem appropriate, including by preventing you from using your Account until the verification checks are completed satisfactorily.
    8. If we make an ID verification request in line with our regulatory obligations, until such time as the verification has been adequately concluded, any Withdrawal request you make will be considered pending. Once we have verified your identity, the Withdrawal will then be actioned. The ID verification required by us is as follows:
    9. photographic ID (a copy of your passport or driver's license showing your name and date of birth);
      1. a copy of the front and the back of the credit or debit card you have registered and used on your Account (you need only show the name, first six digits and last four digits and expiry date; all other details may be obscured); and
      2. proof of address (for example, a copy of a bank statement or utility bill that shows the name and address registered on your Account and is dated during the previous three months) together with such other information as we may reasonably require.
    10. Once your Account has been opened, you will be able to deposit funds to it by requesting an electronic transfer of funds using any of the means set out in the Cashier section on the Website. Otherwise, you may make Deposits solely by any of the following payment methods:
      1. by a credit card in good standing, which is registered in your name, acceptable by us at our sole discretion;
      2. by a debit card in good standing, which is registered in your name, acceptable by us at our sole discretion;
      3. by a payment pre-authorized by us;
      4. through a Payment Provider acceptable to us;
      5. by providing us with a valid, money order or wire transfer; or
      6. by such other method deemed acceptable to us from time to time, at our sole discretion.
    11. Each request made by you to deposit funds in your Account shall constitute a valid authorization for us, or the Payment Provider as applicable, to transfer the amount specified in your request to your Account.
    12. Communication errors do occasionally happen. Deposits are confirmed only when received on our servers. Should there be a break in communication after You make a Deposit and it has been received on our servers it will still be considered valid. You will be informed that it has been accepted once communication is re-established at which time the Deposit may have been already utilized. You will receive information about the outcome of the Deposit placed. If the Deposit offer is not received at our servers then it will not stand, and the Deposit amount will not have been taken from your Account.
    13. We will be entitled to determine minimum and maximum amounts to be deposited in an Account, in our discretion.
    14. We do not guarantee that there will not be any delay in the processing or receipt of Deposits or Withdrawals.
    15. You agree to fully pay any and all payments and charges due to us or to Payment Providers in connection with your use of the Services. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of your Deposits, and in any such event you will refund and compensate us for such unpaid Deposits including any expenses incurred by us in the process of collecting your Deposit.
    16. We are entitled to determine whether the funds that you have requested to be credited to your Account are available upon receiving confirmation from the relevant Payment Provider in accordance with such Payment Provider's approval procedures for such transactions to be reconciled, final, complete and cleared. Only when your Deposits are reconciled and cleared by the relevant Payment Provider will your Account be credited with the funds, unless stated differently.
    17. You must notify us if any sum is incorrectly credited to your Account. We are entitled to reverse such credits and/or recover such sums from you if you have withdrawn them. Any Gambling Transactions entered into using improperly credited sums may be cancelled by us and any winnings made from these Gambling Transactions will be reversed.
    18. You acknowledge that you may, from time to time, upon our request, be required to provide additional details in respect of the transaction made by you. Please note that for all cumulative Withdrawals of KES1000,000 your identity and address will be verified as stated in Sections 3.8-3.9.
    19. You accept that all Gambling Transactions may be checked to prevent money laundering and that any Gambling Transactions made by you which we deem suspicious, may be reported to the appropriate authorities.
    20. Any Stake made by you will be treated by us as an authorization to debit your Account. Provided that the balance of your Account at the time that the Stake is made is greater than or equal to the amount of the Stake, we will debit from your Account in the amount of the Stake.
    21. Subject to Sections 4.13 and 4.14 herein, you may withdraw any Withdrawable Funds in your Account at any time by submitting a withdrawal request (either online or by contacting Customer support). On receipt of any such withdrawal request, when such withdrawal request is approved by us, we will process the relevant funds to you (less a processing fee, charges or other required amount (if applicable)) using the payment method with which those funds were originally deposited (unless we agree otherwise).
    22. You agree that we will have the right to withhold any Withdrawals, in the event the we believe or suspect that you may be engaging in or have engaged in fraudulent, collusive, unlawful or improper activity, or if we are concerned about the operation of your Account or the request for Withdrawal. In such cases, we may commence and/or be involved in and/or assist any investigation into such circumstances, and you agree to assist and cooperate with any such investigation.
    23. We will attempt to accommodate your request regarding the payment method and currency of payment of your Withdrawal. This, however, cannot be guaranteed. Therefore, we may process and pay Withdrawals in a different payment method than the one requested by you, such as through different Payment Providers or wire transfer. Similarly, in certain cases, the currency of your Withdrawal may not be the currency in which your deposit was made or that was otherwise requested by you.
    24. You are aware of and agree that players are allowed to withdraw not more than Ksh 999.000 per month. If the amount to be withdrawn is greater than ksh 999.000, the remaining amount will be placed back to the player's Account, allowing the player to withdraw additional funds the following month in accordance with this Section. The foregoing applies also to Withdrawals of progressive jackpots. Withdrawals depend on all conditions specified above and the verification process as set forth in Section 59 herein.
    25. Withdrawals can only be done by the registered number of the client. If withdrawal amount exceeds the daily limit, balance will be done during the next available day.
    26. We have a number of controls and checks that must be completed before any withdrawal request is processed. These checks are part of our ongoing commitment to maintaining the security of our customers' funds. All withdrawals requests are therefore only processed after the expiry of a set period of time from the withdrawal request being made. Mpesa withdrawals however up to daily limits approved by the authorities will be instant unless the services are under maintenance.

  4. Closing your Account

    1. If you wish to close your Account, please contact Customer Services. You can do so at any time, provided that your Account is not expected to become in debit/deficit pursuant to any liabilities incurred through your gaming activities. On closing your Account, we will return the balance to you in accordance with the provisions of the "Deposits and withdrawals" section above.
    2. We shall be entitled to close your Account and void all unsettled Gambling Transactions in the following circumstances:
      1. in accordance with the "Cheating, Collusion, Fraud and Criminal Activity" section below if an investigation concludes that you have used the Website and/or the Services in a fraudulent manner or for illegal, unlawful and/or improper purposes; and/or
      2. immediately if we are requested to do so by law enforcement or regulatory authorities or by a court order; and/or
      3. by giving you reasonable notice if you don't supply any information reasonably requested by us; and/or
      4. immediately if we discover or have reason to believe that you have breached, or are breaching, these Terms & Conditions.
    3. Where we close your Account for a breach of these Terms & Conditions, we may withhold and/or retain any and all amounts in such Account until such time as we have investigated the relevant breach. Upon conclusion of our investigation, we will return any amounts in your Account to you other than where we have received a valid request from any law enforcement or regulatory authority, or a court order, which requires us to withhold the funds in your Account.

  5. PROHIBITED AND ILLEGAL ACTIVITIES

    1. You agree to comply with all applicable laws and that you shall not access and/or use the Mayfair Online Casino Platforms or participate in Games in furtherance of activities of an illegal nature, or that are prohibited by law, including without limitation:
      1. Money laundering and dealing in proceeds of crime;
      2. terrorism financing;
      3. illegal drugs and/or illegal drug paraphernalia;
      4. firearms, ammunition or other weapons;
      5. pornography and other sexually oriented activities or materials;
      6. obscene or offensive activities or materials;
      7. Materials or activities that promote intolerance, violence or hate;
      8. Fraud, scams, pyramid or Ponzi schemes;
      9. counterfeit materials;
      10. infringement on the copyright, patent, trademark, trade secret or other intellectual property rights of the Company or any other third party; or
      11. any other illegal activity or unlawful purpose.
    2. You represent and warrant that your access and/or use of the Mayfair Online Casino Platforms and your participation in the Games are for your own personal use and not for your commercial use or representation of others. Any use by you of the Mayfair Online Casino Platforms and participation in Games for others or for a commercial purpose shall be a prohibited activity.
    3. The Company is the owner or licensee of all the copyright, trademarks and other intellectual property rights in, to and in respect of the Mayfair Online Casino Platforms and the Games, and you will not acquire any rights in any of these. You must not, and it shall be a prohibited activity to:
      1. copy, disclose, transmit or otherwise make available or remove or change any material available on the Mayfair Online Casino Platforms;
      2. reverse engineer or decompile (whether in whole or in part) any software used in connection with the Mayfair Online Casino Platforms and/or the provision of the Games (except to the extent expressly permitted by applicable law); or
      3. remove, obscure or change any copyright, trademark or other intellectual property right notices in any material obtained from the Mayfair Online Casino Platforms or as a result of playing the Games.
    4. You further represent and warrant that you shall not engage in the following other prohibited activities:
      1. knowingly or recklessly transmit any content (including, without limitation, viruses) through the Mayfair Online Casino Platforms which will cause, or be likely to cause, detriment or harm, in any degree, to computer systems owned by the Company or others;
      2. hack into, make excessive traffic demands on or cause any impairment of the functions of any computer system, deliver or forward chain letters, 'junk mail' of any kind, surveys, contests, or otherwise engage in any behavior intended to prevent others from playing the Games or using the Mayfair Online Casino Platforms or any other website, or which is otherwise likely to damage the reputation or business of the Company or of any third-party; or
      3. authorize or allow anyone to do the above.
    5. The Company reserves the right to deny you access and/or use of the Mayfair Online Casino Platforms and/or fully reject any Bets and/or withhold any Prizes if the Company believes that you are accessing and/or using the Mayfair Online Casino Platforms or participating in Games in furtherance of activities of an illegal nature, or that are prohibited activities.
    6. In the event that your Account is terminated or blocked or an Bet rejected due to your participation in prohibited or illegal activities, the Company shall be under no obligation to refund to you any Bet Fee or monetary balance that may be in your Account.
    7. The Company further reserves the right to report such prohibited or illegal activities to the appropriate governmental authorities.
    8. You agree to indemnify the Company against any costs, losses, damages and expenses which the Company may suffer or incur arising out of or in relation to any claim, legal proceeding or demand made by any third party due to or arising out of your access and/or use the Mayfair Online Casino Platforms or participation in Games for prohibited or illegal activities or your otherwise wrongful or negligent access and/or use the Mayfair Online Casino Platforms or participation in Games.

  6. LIMITATION OF LIABILITY

    1. Your access and/or use of the Mayfair Online Casino Platforms and/or participation in Games is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your access and/or use of the Mayfair Online Casino Platforms and/or participation in Games and/or your reliance on the material and information contained on the Mayfair Online Casino Platforms (including the Company’s website, SMS and USSD platforms) or the referred to websites of online partners, or suppliers.
    2. The Company makes no express or implied warranties or representations that the Services will meet your requirements, be uninterrupted, be timely, be secure or error-free, that defects will be corrected or that the software or server that makes them available are free from viruses or bugs. The Company makes no representations as to the full functionality, accuracy and reliability of the Services or accuracy of any information obtained by you.
    3. The Company reserves the right to suspend, modify or remove or add to the Mayfair Online Casino Platforms any games or software at our sole discretion with immediate effect and without notice. We will not be liable to you for any loss suffered by you as a result of any changes made or for any modification or suspension of or discontinuance of the Services and you shall have no claims whatsoever against us in such regard.
    4. The Company’s only obligation is to pay the Prizes won in any Game to the rightful owners of winning Bets, or provide a refund of Bet Fees in the circumstances set out in these Terms. The Company will not be liable for any loss of profits, special, indirect or consequential loss, suffered or incurred by you (or any holder or owner of an Bet, any person claiming a Prize during the validity period or any other person) that arises out of the delay or non-payment of a Prize, the delay or non-payment of a refund of an Bet Fee, the withdrawal of any Game, or the participation or non-participation of you or any person in any Game.
    5. The Company will not be liable to any person for:
      1. events beyond its reasonable control and expectations (for example war, strike, lockout, industrial action, fire, flood, drought, power cut and/or failure or obstruction of any network, broadcasting or telecommunications service);
      2. computer malfunctions, failure of any telecommunications service or internet connections nor attempts by you to participate in Games by methods, means or ways not intended by us;
      3. the failure or destruction of, or damage to, all or part of the computer systems or records of the Company or any third party (including, without limitation, the Mayfair Online Casino Platforms);
      4. any mistakes caused by all or part of the computer systems or records of the Company or any third party (including, without limitation, the Mayfair Online Casino Platforms);
      5. delays, losses, mistakes or omissions in or made by the postal or other delivery service or by the banking system;
      6. any other action or event which prevents or hinders the issue of a valid Bet (including without limitation the failure of the Mayfair Online Casino Platforms to display correctly on any device used to view it);
      7. any losses caused by you, including the misuse or unauthorized use of passwords, money lost by playing the Games and the failure to keep the Company informed of changes to your contact details; and
      8. any losses caused by the failure or malfunction of your equipment or technology or your internet service provider or mobile phone network operator, or the equipment, technology, internet service provider or mobile phone network operator of any other person or third party.

  7. RESPONSIBLE GAMING

    1. We believe in Responsible Gaming and take our responsibility in this matter seriously. Playing Mayfair Online Casino should be an exciting pastime, and we urge our Customers to have fun, but not stake beyond their means, being fully aware of the financial harms associated with staking beyond their means. The Company is committed to endorsing responsible wagering among its Customers. You should not resort to gambling as an alternative source of income.
    2. We will strictly follow BCLB guidelines on responsible gaming and the monitoring and reporting of any suspicious activity.

  8. CLOSING AN ACCOUNT AND TERMINATION

    1. You can close your Account at any time by contacting the Customer Care Team and requesting them for your Account closure.
    2. You can take a break from making Bets at any time. However, if you do not log into or otherwise access or use your Account or make Bets for a continuous period of six (6) months, your Account will become a “Dormant Account” and the Company reserves the right to terminate Dormant Accounts without notice according to the clause below.
    3. The Company may terminate, vary or suspend the provision of the Games, access to your Account and/or to the Mayfair Online Casino Platforms and refuse any and all current or future Bets by you, immediately and without giving you prior notice:
      1. if any information provided by you is provided fraudulently or is inaccurate, out-of-date or incomplete;
      2. if you breach any of these Terms or relevant Game rules;
      3. for repair or maintenance work or in order to upgrade or update the Mayfair Online Casino Platforms;
      4. if the Company stops offering the Services or Games for any reason;
      5. if your Account becomes a Dormant Account; or
      6. for any other reason at the Company’s sole discretion.
    4. Once your Account has been closed or terminated for whatever reason the Company will return any funds remaining in your Account to (excluding any Mobile Money funds collected or in the process of being collected) to the Mobile Money account registered to your Account.
    5. If the Company is not able to return those funds to you, it will keep those funds for a period of six (6) months from the date the Account was closed or terminated. You can contact the Company at any time during that six (6) month period to claim the funds, which will be refunded by the Company subject to verification of your identity and entitlement to the funds in accordance with the Company’s verification policies. No interest will be payable in respect of monies refunded. Any funds not collected within this six (6) month period shall be forfeited.

  9. NOTICES, QUERIES AND COMPLAINTS

    1. The Company will contact you on the mobile phone number and email through which you opened your Account or as updated in your Account details
    2. You may contact us at:
      Customer Care Team
      Resort Kenya Limited
      Msapo, close off Parklands Road
      P.O. Box 39701-00623
      Nairobi
      Telephone: +254724225400
      Email: [This email address is being protected from spambots. You need JavaScript enabled to view it.]
    3. Notices and communications from one party shall be deemed to have been received by the other party:
      1. If sent by registered post, seven (7) days after the time of posting;
      2. If sent by email within twenty four (24) hours of being dispatched; and
      3. If delivered by hand, at the time of delivery,
    4. If you have a complaint or query with regard to your Account, an Bet, a Game or a Draw, you can call or email our Customer Care Team on the telephone number or email address stated above. We will at all times apply best efforts to answer your query or resolve a reported matter promptly. For any legal notices, you will only contact us through the postal and physical address provided.
    5. Offensive or rude language, as well as malicious or damaging comments, will not be tolerated while contacting our Customer Care Team staff or while discussing our products and services in any media, social network or forum. Any infringement of this clause will result in a suspension of your Account or in every additional action as may be required in order to ensure compliance

  10. GOVERNING LAW

    1. These Terms shall be governed by and construed in accordance with the laws of Kenya.

  11. DISPUTE RESOLUTION

    1. Any complaint or dispute you may have shall first be referred to the Customer Care Team for resolution. In the event that the dispute remains unresolved for thirty (30) days since the reference to the Customer Care Team. Either party may refer the dispute to Arbitration in accordance with the clause below.
    2. Where a dispute between us is referred to arbitration, the reference shall be to a single arbitrator agreed between us. Where there is no agreement between us on the identity of the arbitrator within thirty (30) days of receipt of a notice of arbitration from one party to another, then upon application by any party, the Chairman for the time being of the Kenyan Chapter of Chartered Institute of Arbitrators shall appoint the single arbitrator. The arbitration shall be conducted in accordance with the Arbitration Act of Kenya of 1995 or any of its revisions or re-enactments. The seat of the arbitration shall be Nairobi. The language of the arbitration shall be English. The award of the arbitrator shall be binding on the parties. Each of the parties shall bear its own cost of preparing and presenting its case. The costs of arbitration (including fees and expenses of the arbitrators) shall be shared equally between the parties unless the award provides otherwise. This clause shall not preclude any party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.

  12. GENERAL

    1. These Terms shall be amended from time to time by the Company at its own discretion, and amendments posted on the Mayfair Online Casino Platforms. By accessing the Mayfair Online Casino Platforms or participating in Games, you are bound to the updated version of these Terms that is posted on the Mayfair Online Casino Platforms. Should you find the Terms unacceptable at any time, you should promptly discontinue access to the Mayfair Online Casino Platforms and/or use of the Services and terminate your Account.
    2. These Terms shall constitute the entire agreement between you and the Company with respect to your access of the Mayfair Online Casino Platforms and the Services and supersede any prior agreement or understanding between us. In case of any future amendments or updates to these Terms, the most current version of the Terms shall take precedence and the previous versions shall become null.
    3. If any provision of these Terms is held to be void or unenforceable by or as a result of the determination of any court or other competent authority, you agree that such determination shall not result in nullity or unenforceability of the remaining provisions of these Terms.

Resort Kenya Limited is licensed by BCLB under the Betting, Lotteries and Gaming Act Cap 131, Laws of Kenya under License number: 0000253

Copyright © 2023 Mayfairlivegame.com. ALL RIGHTS RESERVED.

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