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These Terms and Conditions (hereinafter referred to as 'Terms') govern and regulate the relationship between SIMA COMMUNICATIONS (PTY) LTD (hereinafter 'SIMA') and its customers. These Terms include, among other provisions, important rules regarding the conditions under which a customer may establish and operate a betting account with SIMA, as well as restrictions and conditions applicable to the relationship between the parties and the various betting transactions and products offered by SIMA. It is therefore essential that you read these Terms fully, understand them, and agree to be bound by them before establishing an account with SIMA.

1. Eligibility to Bet

• 1.1. No person may apply for an account or place a bet with SIMA or enforce any debt arising out of any such bet unless such person:
  • is a natural person (companies, close corporations and other corporate entities are disqualified from betting);
  • is at least 18 years of age;
  • has completed the account application form accurately and in full and has been accepted as an account holder by SIMA;
  • is not listed on the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004; and
  • is not in breach of these Terms and Conditions.
• 1.2. Any person who completes the account application form warrants that:
  • he/she has read, understood and accepted these Terms and all Rules relating to betting on sporting events or sports or any other lawful contingency published on this Site from time to time;
  • will be deemed to have made an application requesting SIMA to conclude an agreement in accordance with these Terms for the provision of a betting service on sports, sporting events and any other lawful contingency;
  • for the purposes of paragraph (i), to open a betting account in the name of the Customer, which application shall be deemed to have been granted if SIMA informs the Customer thereof or accepts a bet or bets subsequent to receipt of the completed account application form.

2. Account Opening Process and Related Information

• 2.1. The Customer warrants that all information provided in the account application form completed by him/her is and shall remain true and correct. The Customer undertakes forthwith, and in writing, to advise SIMA of any changes in details that might have bearing on their approved application or identifying/contact details, creditworthiness, legal capacity, or continued eligibility as a customer.
• 2.2. SIMA:
  • reserves the right to accept or decline an application for a new account for any reason whatsoever;
  • cease accepting bets from a Customer in its sole discretion for any reason, which reason SIMA shall not be obliged to furnish;
  • shall decline an application if the account application form is incomplete, contains incorrect information, or if any requested information is not provided within specified timeframes.
• 2.3. The Customer shall be solely responsible for the safekeeping and proper use of their account details and undertakes to:
  • not apply for or hold more than one account with SIMA;
  • not apply for an account in the name of or on behalf of any other person;
  • use only his/her own account for the purposes of engaging in betting, and not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, username or personal identification number as is or may be furnished to the Customer by SIMA from time to time, and SIMA shall accordingly not be liable to honour any transaction pertaining to any account so held or applied for or to pay out any winnings in respect of any bet so placed. The Customer indemnifies SIMA against any claims, losses or damages arising from such bets.
• 2.4. The Customer undertakes to notify SIMA immediately in the event that the Customer's account information is lost, stolen, misappropriated, or utilized by someone other than the Customer or the Customer has reason to believe that any of these circumstances has occurred. The Customer shall be liable for all bets placed with SIMA and any payments made by/to SIMA in respect of any purchase and/or transaction concluded on the Customer's account prior to notification in accordance with this clause.
• 2.5. Once a business relationship has been established with a Customer, an account will be created in the name of the Customer and the Customer will be required to log in to this/her SIMA account for the purpose of entering into betting transactions with SIMA, using his/her personalised login details, including a dedicated username and password.
• 2.6. If there is any difference between the information entered by a Customer at the time of logging in to his/her account, and the information supplied to SIMA by the Customer at the time of establishing the business relationship, the Customer will not gain access to his/her account and will be required to contact SIMA for assistance.

3. FICA Compliance

• 3.1 SIMA is bound by the provisions of the Financial Intelligence Centre Act, Act 38 of 2001, as amended ("FICA"), which details the requirements in relation to identity establishment and verification procedures, customer due diligence, the recording and ongoing monitoring of transactions, the retention of records and related matters. All of these requirements have been put in place in order to ensure that the betting services provided by licensed bookmakers such a SIMA are not unlawfully used as vehicles for money laundering and/or the financing of terrorism or other criminal activities.
• 3.2. Where FICA or its associated regulations and instruments specify such procedures and/or restrictions then SIMA will operate in accordance with such procedures and/or restrictions. Where FICA does not specify such procedures and/or restrictions, then SIMA shall implement its own procedures and/or restrictions (subject always to any applicable legislation), so as to promote good corporate governance and socially responsible betting practices. For further information on FICA please log on to www.fic.gov.za
• 3.3. Where a customer in the retail environment:
  • places an amount of LSL5,000 or more on a single bet, or
  • claims winnings in the amount of LSL5,000 or more, SIMA will be required under FICA to establish and verify the identity of that client before the transaction can be processed.
  • use only his/her own account for the purposes of engaging in betting, and not permit or enable any other person to place a bet, directly or indirectly, by making use of such account reference number, username or personal identification number as is or may be furnished to the Customer by SIMA from time to time, and SIMA shall accordingly not be liable to honour any transaction pertaining to any account so held or applied for or to pay out any winnings in respect of any bet so placed. The Customer indemnifies SIMA against any claims, losses or damages arising from such bets.
• 3.4. In the online environment, SIMA is required by FICA first to establish and verify the identity of all Customers before it may lawfully create a betting account for any such Customer. In such cases, as part of the account registration process, prospective account holders will be required to disclose the following personal and related particulars:
  • Full names;
  • Lesotho Identity Number or Passport Number;
  • Residential Address;
  • E-mail Address;
  • Mobile and/or landline telephone number(s), and
  • the source of the funds to be used for the purposes of the betting account.
• 3.5. No betting account will be created unless the identity of the Customer who applied for the same has been conclusively established and verified by SIMA.
• 3.6. The following procedures will be followed by SIMA in relation to a Customer in respect of whom proof of identification and residential address is required:
  • Where a Customer presents his or her identification document (ID or passport) in person, SIMA shall make a photocopy of such document on the licensed premises, and verify that the same is a true copy of the original, which shall be filed and retained for record purposes.
  • Where an identification document is transmitted to SIMA via facsimile transmission or by normal or electronic mail, such documents will be required to be current (unexpired in the case of passports) and certified as true copies of the original.
  • A driver's licence may be accepted as proof of identification, provided that:
    • The Customer is unable to produce an Identity Document for reasons which are acceptable to SIMA in the circumstances;
    • The driver's licence is valid/current (has not expired), and
    • The driver's licence reflects, on the face thereof - A photograph of the bearer;
    • The full names or initials and surname of the bearer; The date of birth of the bearer, and The Identity Number of the bearer.
  • Utility bills and similar documents submitted as proof of residential address shall be dated no earlier than three (3) months prior to the date of submission to SIMA thereof.
• 3.7 By completing our online betting account application form, the Customer confirms and irrevocably consents that SIMA shall be entitled to conduct such identification, credit and other verification and/or screening or security checks (including, but not limited to, verifying the Customer's source of funds) that SIMA may choose to perform and/or is required to perform by applicable legislation, any regulatory authority having jurisdiction and/or the Regulator. The Customer further consents that as part of the registration process, and at any time during the period for which the Customer may be the holder of a betting account with SIMA, it may supply the identifying details and any related particulars provided by the Customer to third-party service providers, including, without limitation, identity verification and/or screening agencies, cellular network providers, financial institutions, credit bureaux and national and/or provincial governmental agencies or statutory bodies.
• 3.8 As part of the fulfilment of our obligations under FICA, the Customer may be required, at the time of the registration process, or at any stage during the period for which he/she holds a betting account with SIMA, to furnish SIMA with a copy of his/her identity documents (i.e. a copy of an identity document and/or passport which must be legible and valid), proof of physical address in the nature of a statement/invoice of account (rendered by a City Council or Municipality or a bank in the case of mortgaged property) and proof of bank account details (which statements shall not be older than three (3) months). SIMA shall advise the Customer which documents it may require for this purpose. Failure on the part of the Customer to provide any such document within the timeframe specified by SIMA for this purpose.
  • if required as part of the registration process, will result in the suspension of the registration process, with no betting account being created for the Customer until such time as the information is provided to the satisfaction of SIMA, or
  • if required at any stage during the period for which the Customer is the holder of a betting account, will result in the suspension (deactivation) of the betting account until such time as the information is provided to the satisfaction of SIMA, or the permanent termination of the betting account, in the event that the Customer neglects or refuses to provide the relevant information.
• 3.9. As part of the registration process, the Customer will be prompted to select a dedicated user name and secure password in respect of the betting account. Once all required verification procedures have been successfully completed, the betting account will be created, and SIMA will transmit a message to Customer by email, confirming the establishment of the betting account in the name of the Customer. SIMA is required to report single cash transactions above LSL24,999.99 to the Financial Intelligence Centre ("FIC").

4. EVENTS AND CONTINGENCIES ON WHICH BETTING IS OFFERED

• 4.1. SIMA shall, in its sole discretion, determine the markets, events or contingencies on which betting shall be offered by it; provided that -
  • Multiple bets are not accepted where the outcome of one part of the bet contributes towards the outcome of another. If the customer inadvertently or deliberately backs a related contingency in a multiple bet, the bet will be voided and the stake returned;
  • Any multiple stake made up of more than one selection from the same event will be deemed to be a related contingency, e.g. Stormers to win the semi-final onto Stormers to win the Tournament, and
  • Any multiples involving the same team or its players or the same selection will be deemed to be a related contingency.
• 4.2. SIMA may from time to time determine a minimum or maximum amount that may be staked as a bet in respect of any market, whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.
• 4.3. SIMA may determine minimum or maximum amounts that a Customer may win or lose in respect of a bet ("stop wins" and "stop losses"), whether in general or in any given case. It shall be the responsibility of the Customer to enquire before placing a bet on a market as to whether such maximum or minimum is applicable to that market and, if so, the extent thereof.
• 4.4. SIMA may, in its sole discretion, from time to time offer the opportunity to Customers to place bets during the course of a certain event ("bets in-running"), provided that - SIMA may not accept bets in-running in respect of an event that forms part of a series of events over a period of time, and if the relevant event is not televised, no bets in-running shall be offered.
• 4.5. The nature and extent of any spreads offered by SIMA shall be determined from time to time at the sole discretion of SIMA and it shall be the responsibility of the Customer to enquire, before placing a bet, what the ruling spread is.

5. PROCEDURE FOR PLACING BETS

• 5.1. The Customer shall place his/her bets via the internet, or if using the mobile betting platform, per telephone via the telephone number furnished by SIMA from time to time or through such other electronic media as may be made available by SIMA.
• 5.2. Irrespective of the origin or physical location of any telephone call or electronic signal pursuant to which bets are struck, any betting transaction between SIMA and the Customer shall be valid only once such bet has been accepted by an employee of SIMA situated at a licensed premises operated by SIMA, or electronically by a software programme operated from any such premises. Any such bet will be deemed to have been placed at such licensed premises.
• 5.3. SIMA may in its sole discretion elect whether to accept or to reject a bet requested, or any component thereof.
• 5.4. The Customer authorizes and consents to each telephone conversation or electronic communication relating to any bet placed being recorded by SIMA in such a manner as SIMA deems fit and to retain such recording as long as SIMA deems necessary. The Customer acknowledges that SIMA is required to keep such recordings by law and that such recordings may be used by SIMA for the investigation and resolution of disputes which may arise between itself and the Customer or for any other lawful purpose.
• 5.5. The Customer shall bear the responsibility of ensuring that the bet is accurately placed and recorded by SIMA. SIMA shall furnish such confirmation of a bet to the Customer as may be required by law or reasonably requested by the Customer.
• 5.6. SIMA shall accept bets during normal South African business hours and at such other times as SIMA may deem fit.
• 5.7. The Customer shall be responsible for ensuring that he/she has full knowledge of the rules applicable to the market within which the Customer proposes to place a bet.
• 5.8. The placement of a bet signifies the Customer's acceptance of the Rules published by SIMA in respect thereof and of these Terms.
• 5.9. While SIMA will endeavour to ensure complete accuracy in relation to the announcement, publication and issue of prices, off-times (starting times of events) and results, it does not accept responsibility for any errors which may arise in this regard and reserves the right to correct any such errors in such manner as it may determine in its sole discretion. The Customer indemnifies and holds SIMA harmless in respect of any losses, whether potential or actual and direct or indirect, which may be suffered in consequence of any such error.
• 5.10. Any bet alleged to have been placed in respect of which the details are not - recorded on or reflected by SIMA betting terminals or wagering software, or confirmed by voice recording devices, will not be recognized by SIMA.
• 5.11. The time of acceptance of a bet shall be the time at which such bet was recorded on SIMA betting terminals and/or wagering software.
• 5.12. Any bet accepted after the "off" or starting time of the event on which such bet is struck (other than bets in-running) shall be null and void and of no force or effect. Any bets taken on results already known at the time of the placement of such bets will be voided/cancelled by SIMA if bet type is a single bet. With regards to multi-bets, the bet will stand excluding the odds for the event that have been voided.
• 5.13. Additional or new markets may be made available by SIMA from time to time. It is the responsibility of the Customer to read and to accept the "Market Rules" applicable to such markets before placing any bets.

6. PAYMENT BY THE CUSTOMER

• 6.1. In the account application form, the Customer shall indicate that the Customer wishes to bet against - a cash deposit placed with SIMA by the Customer from time to time by way of an electronic funds transfer evidenced by a bank generated facsimile transmission or e-mail confirming the amount paid and reflecting the Customer's account number;
• 6.2 A cash deposit physically affected by the Customer directly into the banking account of SIMA, which in all cases must be evidenced by proof of transfer with the customer's reference to SIMA per e-mail or an amount of cash to be drawn by SIMA as a deposit from the Customer's credit card account
• 6.3. The Customer acknowledges that the deposit referred to in Clause 6.1 will be held and applied as security for the discharge by the Customer of any amount which may become owing by the Customer to SIMA.
• 6.4. The Customer shall under no circumstances place a bet or attempt to place any bet the amount of which, calculated together with any other bets then outstanding, exceeds the Customer's credit balance with SIMA, or the net amount on deposit with SIMA (after all adjustments in respect of taxes, winnings and losses up to the time of placing of the bet). It shall be the Customer's responsibility before placing a bet to determine whether his/her credit balance or cash deposit, as the case may be, will be exceeded by placing a bet.
• 6.5. If, owing to a system malfunction or for any other reason, SIMA accepts a bet referred to in Clause 6.4, it shall be entitled at its election either prior to, during or after the outcome of the event or contingency upon which the bet was placed, to honour the bet or to refund the Customer's stake in respect of the bet without regard to any winnings thereon. Alternatively, SIMA may restrict the size of any stake without notification to the Customer, to ensure that the credit limit or deposit, as the case may be, is not exceeded.
• 6.6. Acceptance by SIMA of a bet over the credit or deposit limit, as the case may be, shall not constitute a waiver of its rights - to collect from the Customer all amounts (including losses) arising from such bet or to enforce the appropriate deposit limits at any later time.
• 6.7. SIMA shall debit the Customer's betting account in respect of bets accepted by SIMA on an ongoing basis.
• 6.8. Credit card deposits may only be made by the cardholder whose name is displayed on the credit card, which must match the name in which the SIMA betting account is held.
• 6.9. The Customer shall be entitled to replenish any cash deposit referred to in Clause 6.1(i) at any time.

7. PAYMENT TO THE CUSTOMER

• SIMA shall credit the Customer's account in respect of winnings and refunds accruing to the Customer in consequence of bets placed on an ongoing basis.
• No interest shall accrue on any deposits held by SIMA.
• In the event that funds are incorrectly credited to a Customer's account, it shall be incumbent on the Customer to notify SIMA of the aforesaid error without delay. Unless otherwise notified by SIMA, any betting transactions concluded by the Customer subsequent to the error shall be void.

8. RECOVERY OF AMOUNTS DUE TO SIMA

• In the event of a debit balance in the Customer's account owing to the acceptance of a bet in excess of the credit or deposit limit, the Customer shall, within three (3) business days of a written demand by SIMA for payment of same, pay to SIMA such amount either:
  • by depositing the relevant amount directly into the banking account of SIMA, in which event:
    • The Customer's account number with SIMA must be entered onto the base of the deposit slip.
    • A copy of the deposit slip must be forwarded to SIMA by the Customer.
  • by furnishing SIMA with written authorisation, in such format as SIMA shall require, for the recovery by SIMA of the relevant amount from the Customer's credit card company.
• SIMA shall not:
  • under any circumstances whatsoever be liable to the Customer if the Customer's credit card company refuses to honour any claim lodged by SIMA against the Customer's credit card. No dispute of whatever nature between a Customer and the credit card company shall exempt the Customer from his liability to SIMA in respect of payment, and the Customer shall not be entitled to instruct SIMA to reverse a payment instruction that has already been made to the Customer's credit card company.
  • be responsible for:
    • any failure, malfunction or delay of any electronic funds transfer unit or other credit card processing machine or its supporting or sharing network, resulting from circumstances beyond the control of SIMA; or
    • any damages, loss or expense which the Customer may suffer as a result thereof.
  • be liable for any loss or damage suffered by the Customer as a result of unauthorized access to any data or incorrect information supplied through an electronic funds transfer unit or other credit card processing machine or its supporting or sharing network.
• SIMA shall be entitled to recover amounts from the Customer in circumstances such as:
  • If there is a debit balance in the Customer's account owing to the erroneous acceptance of a bet in excess of the limit reflected in the Customer's account.
  • If SIMA has in error credited a Customer's account through incorrect bet settlement, and the Customer has spent all or part of the incorrectly credited amount.
  • If SIMA has incorrectly allocated funds to a Customer's account and the Customer has spent all or part of the incorrectly allocated amount.
  • If the Customer has placed a bet in contravention of these Terms, and such bet is subsequently adjusted, resulting in a negative account balance.
• SIMA may determine the manner in which payments by the Customer to SIMA shall be appropriated in respect of amounts owing by the Customer to SIMA.
• Bets placed with mistakenly credited funds may be voided by SIMA.
• SIMA may set off amounts due by the Customer against funds in the Customer's account or realize any security held by SIMA.

9. WITHDRAWAL

• On an ongoing basis, SIMA shall credit the Customer's betting account with all winnings and refunds accruing to the Customer in respect of bets placed.
• The Customer shall be entitled to request withdrawal of funds standing to the credit of their betting account, subject to a minimum amount and completion of the required Request for Electronic Transfer of Funds Form.
• The Customer is solely responsible for ensuring the accuracy of the withdrawal information provided.
• Withdrawals will only be processed into South African-based bank accounts in the Customer's name, and additional verifications may be required.
• Withdrawal requests are processed on the next business day following submission, subject to conditions.
• Daily withdrawal limits are capped at LSL 15,000.00, excluding Jackpot payouts.

10. ADJUSTMENTS AND CREDIT LIMITS

• SIMA may adjust or cancel the Customer's credit limit at any time.
• SIMA may set off amounts due by the Customer against any credit in the Customer's accounts or realize security to recover outstanding payments.

11. PROOF OF INDEBTEDNESS

• A certificate signed by authorized SIMA personnel stating the amount of the Customer's indebtedness shall serve as prima facie proof of such indebtedness.

12. MONITORING OF BETTING ACCOUNT ACTIVITY

• SIMA is entitled and legally obliged to monitor betting account activity for irregularities, and may terminate accounts involved in suspicious activities.
• Bets may be voided and accounts terminated for reasons including misuse of services, fraud, or illegal activities.

13. TAXES AND LEVIES

• All winning bets are subject to taxes and levies imposed by the provincial government. These are retained by SIMA and paid on behalf of the player.

14. TERMINATION

• SIMA shall have the right prior to accepting any bet, temporarily to suspend or permanently to terminate, the furnishing of betting services to a Customer without providing any reason. Upon such suspension or termination:
  • SIMA shall, upon the demand of the Customer, refund to the Customer the balance of any monies held by SIMA on deposit for the Customer, after adjusting for losses, winnings, and taxes and once such funds have been cleared into SIMA's banking account;
  • Any amounts owing by the Customer to SIMA shall become payable immediately.
• The Customer shall, upon written notice, be entitled to terminate its contractual relationship with SIMA at any time after the final conclusion of any betting transaction placed by the Customer and after payment by the Customer of all amounts owing by the Customer to SIMA. SIMA shall, within a reasonable time after such termination, refund to the Customer the balance of any monies held by SIMA on deposit for the Customer, after adjusting for losses, winnings, and taxes.
• SIMA shall accept no further bets from a Customer in respect of whom the provision of services pursuant to these Terms has been terminated, unless and until a fresh account application form has been submitted by the Customer and accepted by SIMA.

15. BREACH

• Should the Customer breach any of these Terms and fail to remedy such breach within 48 hours after receipt of written notice by SIMA requiring the Customer to do so, SIMA shall be entitled, without prejudice to any other rights it may have at law, forthwith to terminate its contractual relationship with the Customer and to terminate or suspend any bet placed by any such Customer, whether accepted or not, and/or to claim damages from the Customer. In such event:
  • All amounts owing by the Customer to SIMA shall become payable immediately;
  • SIMA shall have a lien and right of retention over all monies of the Customer on deposit with SIMA, pending settlement of such damages as may have been suffered by SIMA.
• Notwithstanding the generality of the foregoing, the Customer shall be deemed to be in default if:
  • The Customer commits any act of insolvency;
  • The estate of the Customer is sequestrated;
  • The Customer endeavors to compromise generally with his/her creditors;
  • The Customer's name is entered into the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004.
• The Customer shall be liable for any legal expenses (including legal expenses on a client-attorney scale, collection charges, and tracing fees) as well as any governmental tax, including but not limited to value-added tax, which SIMA may incur in recovering any amounts owing in respect of the Customer's account or as a result of the Customer's breach of any of the Terms or the enforcement by SIMA of any of its rights against the Customer.

16. RESTRICTIONS ON BETTING

• No directors, employees, partners, or affiliates of SIMA are permitted to place any bets or hold a betting account with SIMA.
• No person who in any manner participates in an event on which betting is offered by SIMA may place a bet on any such event with SIMA.
• Any bets placed and/or erroneously accepted in contravention of Clauses 15.1 or 15.2 shall be declared void and canceled.
• "Syndicate Betting" is strictly prohibited by SIMA. Syndicate Betting refers to a situation in which a group of persons acts together for the purposes of placing a bet or series of bets on the same event or market. SIMA reserves the right to void all bets in relation to such Syndicate Betting and to withhold payment of winnings, pending the outcome of an investigation.
• The default payouts limit for winnings are limited to LSL 15,000.00 per day per customer. Jackpot-based games have their own respective jackpot payouts and are limited to one payout per customer per draw. These Jackpot limits are for:
  • Soccer Virtual 5: LSL 5,000.00
  • Soccer Virtual 10: LSL 50,000.00
  • Soccer Virtual 13: LSL 100,000.00
  • Soccer Predictor: LSL 50,000.00