Terms & Conditions
Please ensure that you read and understand these Terms and Conditions before you start to use any section of the Website. These Terms and Conditions contain important information about the legal agreement between us and provides information about what other documents form part of our relationship with you.
We would like to draw your attention specifically to the following clauses:
• clause 8 – Depositing and Withdrawing Funds
• clause 11 – Maximum Pay-out
• clause 16 – Termination of Account
• clause 17 – Consequences of Termination
• clause 25 – Breach of the Terms of Use
• clause 26 – Limitation of Liability
If you have any questions about these Terms and Conditions, please contact us to discuss. You can find details of how to contact us on the Customer Support section of the Website.
Updated: 01/03/2021
1. Introduction
1.1 You can enter into betting transactions:
1.1.1 through the Frapapa website www.frapapa.com or any other websites or applications (known as "apps"), including those provided on mobile phones and tablets, that we own (the "Website"); or
1.1.2 in our shops (for which the terms and conditions are contained in the Rules).
1.2 Please read these Terms and Conditions carefully before you start to use any section of the Website. By using any section of the Website or by opening an account with Frapapa (set out in clause 2.1) through the Website, you agree to be bound by:
1.2.1 these Terms and Conditions;
1.2.2 the Rules when betting on the 'Sportsbook';
1.2.3 the Privacy Policy
1.2.4 any terms and conditions and or rules with regards to promotions, bonuses and special offers which may apply from time to time; and
1.2.5 the KYC Verification Policy.
1.3 Your continued use of the Website will constitute acceptance of the Terms of Use.
1.4 The Terms of Use constitute your agreement with the relevant Frapapa entity as set out in clause 2.
1.5 In the event that there is any conflict or inconsistency between the terms and conditions of the Terms of Use, the order of precedence shall be as set out in clause 1.2.
1.6 You acknowledge that there is a risk of losing money when gambling through the Website and you are fully responsible for any such loss.
1.7 These terms will be deemed effective 01/03/21.
2. Parties
2.1 The Terms of Use shall be agreed between you and Soloti Gaming Limited, a company registered in Nigeria with registered company number RC 1687373 and whose registered office is 10 Anuoluwapo Close, Off Opebi Road, Ikeja, Lagos 100212.
2.2 In these Terms of Use, the terms "Frapapa", "we", "us", or "our", refers to Soloti Gaming Limited. The term “Frapapa” refers to Soloti Gaming Limited.
2.3 Gambling activity carried out via this website is licensed and regulated by the following bodies:
2.3.1 In the case of gambling activity by persons located in Nigeria, it is the National Lottery Board, pursuant to the following licences:
2.3.2.1 Licence number 0001042 in respect of Sports Betting;
2.3.3 In the case of gambling activity by persons located in Lagos, it is the the Lagos State Lottery Board, pursuant to the following licences:
2.3.4.1 Licence number 005310 in respect of Online Sports Betting; and
2.3.4.2 Licence number 005311 in respect of Other Games (including but not limited to the 'Casino', ‘Live Casino’, 'Games', 'Lottos', 'Virtuals' and 'Slots' sections of the Website).
3. Changing the Terms of Use
3.1 We reserve the right to make changes to the Terms of Use at any time. It is your responsibility to ensure that you agree with any changes made to the Terms of Use and your continued use of the Website will be deemed to be your acceptance of any changes that we may make.
4. Access to and use of the Website
4.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
4.2 We may, in our absolute discretion, change the content (including betting products or elements of the betting product) of our Website at any time.
4.3 You shall use the Website for your own personal and non-commercial use only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
4.4 You shall not use the Website for any purpose which is or is likely to be considered to be defamatory, abusive, obscene, unlawful, discriminatory, or which could cause offence.
4.5 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website.
4.6 You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.
4.7 We cannot guarantee that our Website will be compatible with any hardware or software that may be used by visitors to the Website.
4.8 All indicated dates and times are based on WAT (West Africa Time).
4.9 If you want to report an error or have any questions please contact the Customer Support Team. Please note that any calls to our Customer Support Team may be monitored or recorded for training and quality management purposes and to assist us in quick and effective resolution of queries.
4.10 The Services are available in Nigerian Naira (₦) only
5. Registration and Account Security
5.1 By opening an account with us and/or by using the Website you warrant that you:
5.1.1 are at least 18 years of age and above the legal age for gambling in the jurisdiction you are a resident;
5.1.2 are legally capable of entering into binding contracts;
5.1.3 have not excluded yourself from gambling (see clause 15 - self exclusion);
5.1.4 are a resident in an area that permits gambling to occur; and
5.1.5 are not restricted from opening an account under the 'Restricted Territories' section of the Website.
5.2 It is a condition of our acceptance of bets from you that, by taking an offer on our website you warrant that:
5.2.1 you are not prohibited from entering into the bet by any term of your contract of employment or any rule of a sport governing body which applies to you;
5.2.2 you are not aware of any circumstances which would make the placing of the bet a breach of a rule on betting applied by a sport governing body; and
5.2.3 where the bet is placed on the outcome of a competition or other event or process or on the likelihood of anything occurring or not occurring, you do not know the outcome of the event.
5.3 In the event we discover you are under 18 or the legal age for gambling in the jurisdiction you are resident, we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the bet.
5.4 In the event of any of the other warranties set out in clause 5.1 or 5.2 proving to be false your stake will be forfeited and we shall not be obliged to pay any winnings which might otherwise have been payable in respect of the bet. We may also report the matter to the police, parents and the appropriate regulatory authority.
5.5 Gambling whilst under the age of 18 (or the legal age for gambling in other jurisdictions where relevant) is a criminal offence and we take our responsibilities to prevent access by under 18s very seriously. Electronic age verification checks are carried out and whilst we aim to make the process as seamless and unobtrusive as possible it may be that further information will have to be obtained direct from you.
5.6. We reserve the right to request documentation from you in order to complete verification checks.
5.7 We may, on opening of an account or at any time, request that you provide us with documentation and/or information to complete our verification checks. This may include requests for documents or information to ascertain the following (non-exhaustive list): your identity; name; age; address; country of birth; payment methods; domestic identification. Failure to provide any documentation or information requested promptly may lead to account restrictions, suspensions and/or closure, retention of funds and disclosure to relevant authorities.
5.8 It is your responsibility to ensure that all details you provide us in satisfaction of our verification checks are kept up to date in order to ensure that you are able to receive important account related notifications.
6. Restricted Territories
6.1 We have restrictions in regard to opening accounts and taking bets from residents outside of Nigeria.
6.2 We constantly review our ability to offer gambling facilities within territories that are not currently included in our ‘Restricted Territories’ section. When we are no longer able to offer gambling facilities in a specific territory (whether for legal or regulatory reasons or otherwise) we will keep you updated accordingly.
6.3 The availability of the Website does not constitute an offer, solicitation or invitation by us for the use of betting, gaming or other services in any jurisdictions in which such activities are prohibited by law. Under no circumstances will we be liable for any breach of state or country law that may occur as a result of your usage of the Website.
7. Opening and Maintaining your Account
7.1 Customers may open only one account. Should we identify any customer with more than one account we reserve the right to close such accounts.
7.2 You must ensure that the details provided when opening an account (including but not limited to your address (meaning your usual place of residence), telephone number and email address) are accurate and kept up to date. You can access and amend your own individual account information on the Website (including via your mobile or tablet device), the Frapapa mobile and/or tablet application, or call our Customer Service Team.
7.3 When opening an account, you are requested to enter your own phone number and choose your password. You should ensure that these details are kept private, as you are responsible for all bets placed on your account, where the correct security information has been provided. If you lose, or forget, your username and/or password, or if you believe that a third party is aware of them, you should change your password immediately.
7.3.1 If another person accesses your account you are solely responsible for all their actions whether or not their access was authorised by you and you hereby indemnify us and hold us harmless against all costs, claims, expenses and damages arising in connection with the use of or access to your account by any third party.
7.4 The minimum deposit amount is dependent on the type of payment method you choose and you can only bet up to the amount available in your account. We reserve the right to change the forms of payment (for example, debit and credit cards) that we may accept from time to time. Interest is not paid on monies held in your account.
7.5 From time to time we offer bet incentives for new accounts. You are not eligible to receive new account offers if you are one of our existing customers.
7.6 We may place restrictions on your account (which may include deposit restrictions) in order to comply with legal and regulatory obligations. These restrictions may affect your use of your account and we shall not be responsible if any restrictions affect your ability to complete the requirements of any promotion and/or to release any bonus, benefits or prizes.
7.7 It is prohibited for Customers to buy, sell or transfer accounts to other Customers.
8. Depositing and Withdrawing Funds
8.1 You can deposit the funds into your Account with one of the payment methods made available on our platform(s).
8.2 The bank account registered by you under the Account must be a bank account operated by a Nigerian licensed bank
8.3 We do not charge for deposits made by bank transfer, debit or credit cards although you should note that with some payment providers, charges may apply. Where charges apply, it will be clearly displayed next to the payment providers.
8.4 We do not charge you for withdrawals to debit or credit cards or via bank transfer to bank accounts although you should note that with some payment providers, charges may apply. Where charges apply, it will be clearly displayed next to the pay providers.
8.5 We reserve the right to verify the ownership of the payment method(s) used to fund your Account and/or the origin of the funds by requesting additional evidence from you.
8.5.1 If you fund your account using a payment method (bank account, credit or debit card) that does not belong to you, we may suspend your Account,
8.5.2 We may request additional information from you and documentation we may deem necessary to demonstrate that you are authorised to use the respective payment method.
8.5.3 Your Account may remain suspended until you provide, and we verify the information requested.
8.5.4 In no way does this limit the other remedies that may be available to us in the event that you did not have permission and authorisation to use another person’s payment method or if any of the Services require the deposit(s) to be made from the payment method that is issued or registered in your name.
8.5.5 If we determine that a deposit into your Account is from a bank account or other payment method held or issued not in your name, then we may elect to refund the deposit directly back to its source.
8.5.6 If this determination occurs after bets have been placed under your Account, your bets will be voided, and we will not be obliged to pay any winnings which might otherwise have been payable to you or reimburse you for any loss incurred.
8.6 Your account should not be used as a banking facility and deposits should only be made with a view to using funds to place bets. As such withdrawals will be blocked until deposited funds are staked.
8.7 Account facilities are provided to you solely to enable you to place bets or participate in slots, casino or virtual games. If you, for whatever reason, appear to be depositing or withdrawing money without genuine play, you will be liable to have your account suspended and the circumstances investigated. This may result in a report to the necessary authorities to fulfil our responsibilities under the anti-money laundering regulations and/or the account being closed.
8.8 We, in our absolute discretion and without giving reason, reserve the right to change the payment methods we accept or refuse to accept any type of payment presented to us irrespective of whether we have previously accepted such payment type from you or would usually accept that payment type from any customer.
8.9 You are able to withdraw any funds in your cash balances (this will also include any winnings realised from stakes using your own funds) at any time. However, please note that in circumstances where you withdraw funds in your cash balances that are committed and are being used to stake as part of an active bonus/promotional offer:
8.9.1 where the withdrawal amount requested is less than the full amount in the relevant cash balance, we may charge you a reasonable processing fee (reflecting the processing charges we incur) for processing the withdrawal request. This processing fee will be communicated to you when you make your request to withdraw; and
8.9.2 all corresponding bonus balances and/or bonus pending winnings will be forfeited in full.
8.10 Where more than one payment method has been used, we reserve the right to ensure that payouts are made in accordance with rules designed to minimise fraud. This can include partial payments to previously used deposit types, where applicable
8.11 We may undertake verification checks at withdrawal as may be required by Us or by third parties (including, but not limited to, regulatory bodies).
8.11.1 We may suspend the availability of any withdrawal method and/or the withdrawal function available in the Account until the completion of the verification checks and/or suspend the Account and/or any of the Services availability.
Without limiting the provisions of (Clause 8.8), upon withdrawal request initiated by you, you may be requested to send us a copy of your Identification document; driver’s license, National ID Card (front & rear), Passport (biometric data page) and any or all of the following documents;
8.11.1.1In case of credit card transactions, a copy of the card used to make the payment, showing the last 4 digits only;
8.11.1.2 A copy of an official document (bank statement, debit card statement etc.) no older than one calendar month, showing your billing address, bank account number and Frapapa related transactions where applicable;
8.11.1.3 Any other document that may be relevant in order to complete the check.
Your co-operation and compliance with our requests will speed up the verification process.
8.11.1.4 You are required to claim grand prizes in person at Frapapa's registered office.
Frapapa's registered office is located at 10 Anuoluwapo Close, Off Opebi, Lagos
Normal business hours are as follows: 8.00am to 5.00pm Monday to Friday (excluding Bank Holidays).
Reduced hours may apply over the Christmas and New Year period.
9. Payment of Winnings
9.1 Returns due on bets placed will be added to your current deposit balance once the bet has been settled. This balance will remain in your account unless you submit a request that part, or all, of the outstanding balance is returned to you. If your balance is zero, you will be required to transfer more funds before you are able to place any bets. Your processed funds will leave us at the close of business each bank working day and will be processed as follows:
9.1.1 Withdrawals are generally processed instantly, subject to verification processes which may apply. We aim to process all withdrawals within 5 working days. We accept no liability for delays which may arise from the payment provider.
9.1.2 You shall not attempt any chargebacks, reversals or otherwise cancel any deposit previously made into the Account. If we incur any chargebacks, reversals or other charges in respect of your Account, we reserve the right to charge you for and/or set off from your Account balance the relevant amounts incurred.
9.2 You are responsible for reporting your winnings and losses, if such reporting is required by your local law or tax or other authorities.
10. Placing a Bet
10.1 You must exercise your own judgement in choosing to place a bet. You acknowledge that, in placing your bet, you are not relying on any statement of any of our employees relating to the subject matter of the bet. We reserve the right to refuse part or all of a bet.
10.2 You agree to fulfil any payment obligations on you set out in these terms and conditions in accordance with the Terms of Use. You agree you are solely responsible for any bets placed on your account with us.
10.3 Once you have placed your bet and you have received confirmation that your bet has been accepted, it is too late to cancel the bet (unless we, in our absolute discretion, provide permission to cancel or change the bet). In the event there are any issues when you click the “place bet” button you should receive an error message. Issues could include (but are not limited to) a price change or the suspension of the market you are betting on, or a loss of connectivity. Successfully placed bets will return a bet placed message including a bet receipt. Bets that are requested may sometimes be referred for review and then accepted with a delay. In-play bets may also be subject to a delay. In these instances, a bet receipt may not be immediately presented but the bet may still be accepted after a period of minutes and the receipt subsequently made available.
10.4 When betting through the Website you will know that your bet has been processed when after clicking OK to process your bet, your betting slip reappears with confirmation that your bet has been placed. Your betting slip will also have a receipt number individual to that slip, which confirms that the bet has been accepted. Closing a browser or app used to place a bet does not cancel the bet. In the event your browser or app is closed for whatever reason after submitting a bet but before a confirmation is received, your bet will be processed as normal although you might not receive a bet receipt. On re-opening your browser or app you can check whether a bet has been successfully placed by visiting the “my bets” section of the Website and checking your bet history. In rare circumstances (for example due to connectivity issues) error messages may indicate a bet has not been placed. Where you are uncertain whether a bet has been accepted or not you should first check in your bet history before placing same bet again to avoid duplication.
10.5 Should you have any concerns that your bet has not been processed correctly go to the 'Your Account' button at the top of the screen and enter the date when you placed your bet. Details of all bets processed will appear on your screen. Only bets that appear on your 'Account History' screen are valid transactions.
10.6 It is your responsibility to ensure that the details of any transaction which you place are correct. For bets placed through the Website, you can check bets using the 'Account History' screen.
10.7 Bets placed by credit card or debit card do not become valid until we have received payment. If payment has not been received before the event commences, then that bet is automatically void.
10.8 All bets placed after the result of an event is known will be void win or lose.
10.9 No account restrictions will be enforced against you after you have made one or more qualifying bets as part of a bonus or promotional offer, where it would adversely affect your ability to satisfy the conditions to qualify or fully benefit from the bonus or promotional offer available.
11. Maximum Payout
11.1 The maximum amount that we shall be obliged to pay to you in respect of any one bet or spin shall be limited to the following amounts:
11.1.1 'Sportsbook' betting through the Website;
The maximum winnings for each bet is ₦40,000,000.
The daily maximum potential winnings per customer in any 24-hour period is capped at ₦50,000,000.
Maximum winnings limits apply to each customer or group of customers who bet on the same or similar selection or combination of selections, even though divided into a series of bets, at different odds and even if placed on different days. Should we reasonably believe that a number of bets have been placed this way, the total payment of all those bets combined will be limited to one single maximum winnings payout.
11.2 Maximum Daily Payout
The maximum daily payout for Frapapa on any given day will not exceed ₦1,000,000,000. If the cumulative payout on all bets on any given day exceeds our Daily Maximum Payout limit, winnings on each bet will be adjusted accordingly.
For example, if the daily winnings paid out by Frapapa equals ₦5,000,000,000 and your original bet has a win payout of ₦2,000,000, the amount paid to you will be ₦1,000,000. All details and documentation on how recalculations were done will be provided.
11.2.1 Should you win the jackpot at Frapapa Casino, you will receive the amount that is displayed in Chips within the progressive game that you are playing at the time of your win.
11.3 You acknowledge and agree that for certain products your approved staking level may mean that you have the opportunity to win more than the amounts set out in Clause 11.1 above. Even where your approved staking level may give you the opportunity to win a higher amount, you agree that Frapapa shall only be obliged to pay to you the maximum amounts specified in Clause 11.1 above.
12. Cash Out
12.1 ‘Cash Out’ is a function which allows you to take a return on your bet prior to the market(s) in which you placed the bet closing.
12.2 Frapapa’ Cash Out offer is available to customers on the Website, mobile application or mobile site; on selected Sports markets, on single Sportsbook bets and Sportsbook single line multiple bets (i.e. accumulators) comprised solely of selections from markets where the Cash Out functionality is available. It is not available for full cover bets nor is it available on all Frapapa markets.
12.3 Whilst we will endeavour to make the Cash Out functionality available wherever possible, the Cash Out service may be unavailable from time to time and Frapapa provides no guarantee as to its availability and shall not be liable for any losses claimed from the unavailability of the Cash Out function. We therefore recommend that you do not place bets with the intention of using the Cash Out function as a way of mitigating the liability of your bet. All bets will stand regardless of the availability of the Cash Out feature.
12.4 Following any request to Cash Out your bet, Frapapa will notify you whether such request was successful. Cash Out requests are not guaranteed and may be unsuccessful if for example there is a change in the market odds or the market suspends prior to the Cash Out request being processed.
12.5 In the event your Cash Out request is unsuccessful, a message will be shown which gives the reason why and a new Cash Out offer may be offered to you.
12.6 In the event your Cash Out request is successful, a ‘success’ message will be displayed and your bet will be settled immediately and the Cash Out value returned to your account. Following a successful request to Cash out, the Cash Out value returned to your account will be the higher of i) the amount shown on the Cash Out button or ii) in circumstances where the Cash Out Value increases during the period between your initial request to use the Cash Out functionality and your subsequent Cash Out confirmation, the increased sum.
12.7 When customers successfully Cash Out this shall constitute a settlement of the original bet and any subsequent events will have no impact on the amount returned to your account. All Cash Out transactions remain subject to Frapapa’s standard settlement and bet acceptance rules set out in these Terms and Conditions.
12.8 In the unlikely scenario that a Cash Out value (or a price relating to a Cash Out value) has been incorrectly offered, Frapapa reserves the right to take corrective measures to rectify such errors, including, where applicable, settling the Cash Out request for an amount equivalent to the Cash Out value which would have been available in the absence of such error.
12.9 We reserve the right to amend, suspend or remove Cash Out availability at any time on any market or to any customer.
13. Account Correction
13.1 Where, in respect of any Product or an event within a Product, we make an error (whether human or otherwise), we will be entitled to declare the transaction void and withhold any payments. If we wrongly pay an amount to you or we pay you more than the amount to which you are properly entitled you agree to repay to us immediately upon request from us the amount which has been wrongly paid or overpaid to you. We have the authority to adjust your account to reflect the true outcome and rectify the error. An example of such an error might be where a price is incorrect, a bet is late, a failure occurs in one of our systems or where we enter a result of an event incorrectly.
14. Self-Exclusion
14.1 We offer a self-exclusion facility to help you if you feel that your gambling is out of control and you want our assistance to help stop. At your request, we will prevent you from using your account for a specific period, as determined by you and we will take reasonable steps to prevent the opening of new accounts.
14.2 Accounts that have been self-excluded are unable to be reactivated under any circumstances until the expiry of the self-excluded period. At the end of the period, you may recommence betting by phoning our Customer Support Team (email is not accepted) after a 24-hour waiting period has lapsed.
14.3 Our self-exclusion involves a joint commitment from us and you. We will take reasonable steps to prevent you re-opening your account or opening new accounts. However, during the period of your exclusion, you must not attempt to re-open your account or to try and open new accounts.
14.4 Having implemented reasonable checks and safeguards to ensure that whilst you are self-excluded you cannot open an account we cannot be held liable to you or any third party if you are able to continue to gamble on the Website, in our shops or you continue to gamble on any third party's website or premises.
14.5 To use our self-exclusion facility and in order to ensure that any accounts you have chosen to be excluded from have been closed, subject to the Self Exclusion agreement, please call us or send an email to responsible.gambling@frapapa.com with details of all the accounts, account numbers and/or usernames you have and the period that you wish the self-exclusion to apply. If a specific period is not given, we will exclude you for the minimum period of 6 months.
15. Errors in relation to Sportsbook markets
15.1 This clause relates to errors made in Sportsbook markets.
15.2 We make every effort to ensure that we do not make errors in accepting bets. However, if as a result of human error, system problems or an error where odds are incorrectly displayed in third party odds-comparison websites, a bet is accepted at a price (which includes the odds, handicap provisions and other terms or details of the bet) that is either:
15.2.1 materially different from those available in the general market at the time the bet was made;
15.2.2 clearly incorrect given the chance of the event occurring at the time the bet was made,
then we will pay winnings at the correct price.
15.3 To establish the correct price we will consider prices available in the general market at the time the bet was made. Examples of circumstances where this would apply are:
15.3.1 the price is recorded as 100-1 when the price on offer in the general market is 10-1; or
15.3.2 the margins for handicap betting have been reversed.
15.4 If a bet is accepted in error by us on an event or outcome for which no Frapapa prices are available the bet will be void and your stake returned.
16. Termination of Account
16.1 We reserve the right to close your account at any time for any reason. If we terminate your account for any reason the provisions set out in Clause 17 shall apply.
16.2 You may close your account at any time. You should indicate your desire to close your account in writing, via e-mail, or letter (using our Customer Support section of the Website). In this case, you shall be sent any balance remaining in your account by a method of payment determined by us. If you have placed any bets in relation to events which have not yet taken place at the time of you closing your account such bets shall still stand, and if such bets subsequently win, the corresponding sums shall be sent to you once the outcome of the bet is known.
16.3 If you do not use your account to carry out any betting activity for a period of 12 consecutive months, such account shall be deemed to be inactive ("Inactive Account").
16.4 Any Inactive Account will be charged an administration fee each month (the "Inactive Account Fee") of ₦1000 or 5% of the balance of the account (whichever amount is greater). We will notify you if your account becomes an Inactive Account. Subject to clause
16.5, the Inactive Account Fee shall be deducted from an Inactive Account on the first day of the calendar month after your account became an Inactive Account and thereafter on the first day of every following calendar month.
16.5 The Inactive Account Fee will be deducted until the earlier of: (a) the account balance being reduced to zero; or (b) the account being reactivated by you using the account to carry out betting activity. In each situation the Inactive Account Fee shall cease to be deducted.
16.6 We reserve the right to close any Inactive Account whose balance has been reduced to zero for a consecutive period of 6 months.
17. Consequences of Termination
17.1 Subject to this clause 19, you agree that we shall not be liable to you for any termination of your account or your use of the Website.
17.2 Your sole remedy in the event of termination of your account shall be the re-imbursement of any undisputed account balance you may then have and we shall have no further liability to you whatsoever. Where we terminate your account due to you breaching any of these Terms and Conditions or where the territory in which you reside becomes a Restricted Territory (in accordance with Clause 6) and you have placed any bets in relation to events which have not yet taken place at the time of the termination of your account, we reserve the right to treat such bets as void, with the stake being returned to you. Where a customer has a cumulative/multiple bet with concluded selections that have settled and selections that have yet to take place at the time at which the territory became a restricted territory, we will remove those selections which have not yet settled from the betting slip and settle the bet as it stands by re-calculating the odds accordingly. Any outstanding account balance will be paid to you in accordance with section 8 'Depositing and Withdrawing funds' of these Terms and Conditions and where this is not possible by a method of payment determined by us.
17.3 Upon termination of your account, you agree and acknowledge that your rights to use the Website shall immediately terminate and you will remove any software provided to you or downloaded from the Website.
18. Information we collect about you
18.1 It is your responsibility to ensure that your personal account details and personal information is kept up to date. We reserve the right to suspend or terminate your account if this information, which includes your username and security questions, is deemed to be offensive or inappropriate.
18.2 We process information about you in accordance with our Privacy Policy. Our Privacy Policy forms part of these Terms of Use and contains details on the types of information we collect and what we do with that information.
18.3 We are entitled to share the information we hold on you which includes personal data and betting history with the regulator, sporting bodies and other bodies, including the police, in order to investigate fraud, money laundering or sports integrity issues and to comply with our regulatory duties.
18.4 The use of Bot software programs is prohibited and we deem its use detrimental to other players. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a 'cheat free' environment for all users: (1) scan your list of active software applications while you are using the Services; (2) scan your list of active processes while you are using the Services; and (3) scan the files in your Services and site-related program folders to ensure that only 'non-hacked' versions of our software are being used. If any of the foregoing processes reveals a suspect application or process, our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of Your hard drive, equipment or files, and it will not transmit any information to Us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on Your computer or other equipment and will not interfere with the operation of any of Your applications. You may terminate use of Our software at any time by uninstalling Our software package. We rely on legitimate interest to carry out this processing and We aim to provide a safe and fair gaming platform for all our players.
19. No Warranty
19.1 We will endeavour to provide the Website using our reasonable skill and care. We make no further warranty or representation, whether express or implied, in relation to the Website. All implied warranties or conditions of satisfactory quality, fitness for purpose, completeness or accuracy are hereby excluded to the fullest extent permitted by law.
19.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials or as to results or the accuracy of any information obtained by you through the Website.
19.3 In the event of systems or communications errors relating to the generation of random numbers, bet settlement or other elements of the betting product, we will not be liable to you as a result of any such errors and we reserve the right to void all bets on the draws in question.
19.4 In rare circumstances, a game may display an incorrect outcome that may include, but is not limited to: an incorrect result; an incorrect pay-out amount; an incorrect bonus/jackpot win; a graphics error affecting the symbols, characters, numbers, bonus features, wheels, reals, speed and/or any other feature of a game. In the event of a dispute, the result recorded on the game server will stand as the correct outcome. Nothing in this clause shall affect our rights as set out in clause 13.1.
20. Intellectual Property Rights
20.1 You acknowledge and agree that all intellectual property rights in our Website, its contents (including any software) and in the content published on it shall remain at all times vested in us or our licensors. These intellectual property rights include, without limitation, copyright, trademarks, the underlying software, the design, graphics, layout, look and feel and structure of our Website, database rights, design rights, domain names and rights to goodwill and/or to sue for passing off. You are permitted to use this material and content only as expressly authorised by us or our licensors.
20.2 You acknowledge and agree that the material and content contained within our Website is made available for your personal non-commercial use only and that you may only download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with or create derivative works of such material and content.
21. Downloads
21.1 For certain of our betting products and services offered through our Website you may need to download software in order to use them and we will licence the software to you (or sub-license to you, to the extent the software is owned by a third party). The terms upon which you may download and use any such software will be made available to you at the time of download and must be accepted by you prior to your use of that software.
21.2 Downloads may involve placing files and installation software on the hard drive of your computer. Convenient locations for storing the software may be suggested during the download and installation procedure but it is your responsibility to store the software in accordance with the exact nature and set-up of your individual computer. We shall not be responsible for incorrect storage of the software in files/folders where it may interfere with the start-up, running and third-party software procedures of your computer.
21.3 You shall not:
21.3.1 interfere with, modify or reverse engineer any software provided to you by us and/or any third party, except as permitted by law; or
21.3.2 copy or use any software, without our or the third party software providers written consent.
21.4 Any material downloaded or otherwise obtained through the use of our Website is done at your own discretion and risk.
21.5 You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of any such material.
22. Links from our website
22.1 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).
22.2 A link from our Website does not constitute an endorsement by us of the use of that link, the company or organisation behind that link or the contents of the website reached using that link.
23. Uploading Content to our Website
23.1 Some of the betting products and services made available on the Website provide functionality for you to utilise your own content in conjunction with our online products and services ("User Content"). You retain ownership of your User Content. You understand and agree that you are solely responsible for your User Content and we do not endorse any User Content and expressly disclaim any and all liability in connection with User Content.
23.2 Where you utilise User Content in conjunction with our online products and services you warrant and represent that the User Content:
23.2.1 is an original work created by you or you have the express consent of the owner of the User Content in such manner;
23.2.2 does not infringe any third party intellectual property rights or rights of privacy anywhere in the world;
23.2.3 does not contain any derogatory, offensive, indecent, inappropriate or defamatory material or statements;
23.2.4 does not contain any computer virus, trojan horse, or any other form of malicious computer code which would disable, disrupt, harm or impede our Website or any software, data or hardware owned or operated by us; and
23.2.5 complies with all applicable laws and regulations including, without limitation, data protection and privacy laws.
23.3 We reserve the right (but are not obliged) to decide whether User Content complies with the Terms of Use and may terminate, in our absolute discretion, your account and/or your ability to utilise User Content in conjunction with the Website at any time without prior notice.
23.4 Any User Content you upload to our Website will be considered non-confidential and non-proprietary, and we and our sub-licensees have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose. By uploading User Content to our Website, you are automatically deemed to have granted us a licence to use and sub-licence that User Content as we see fit, including for commercial purposes.
24. IT Failures
24.1 We cannot be held responsible for a bet not being placed or a bet not being matched for any reason or you being disconnected from the Website, including but not limited to computer malfunctions and failure of telecommunications services, internet connections.
24.2 Despite our best efforts, there may be times where our services are subject to system failures, software or hardware errors, bugs, virus, game error (meaning a change in the expected functioning of the game whatever reason) or other types of fault (“Error”). We will do our best to minimise Errors and when they do occur, we will seek to place you in the position you were in before the Error occurred where possible to do so. Where this is not possible, we may void any bet or wager placed on any of our products.
We will not be responsible for any loss of winnings that relate to the Error.
24.3 We regret the imposition of the above, however it is necessary to avoid further complications. By placing any further bets on our Website, you accept the results of any previous bet. As such (at our discretion) the results of the previous bet are no longer in dispute and no refund or other adjustments will be granted. If you feel the result of any of the games is unfair or incorrect, you should contact us immediately and report the incident.
25. Breach of the Terms of Use
25.1 You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents, suppliers, harmless immediately on demand, from and against all claims, liabilities, damages, losses, costs and expenses including legal fees, arising out of any breach of the Terms of Use by you or any other liabilities arising out of your access and use of the Website or App or by anyone else using your phone number and password).
26. Limitation of Liability
26.1 You agree that your use of the Website is at your sole risk.
26.2 Our maximum liability to you arising out of the Terms of Use, whether for breach of contract, tort (including negligence), or otherwise will be limited to:
28.2.1 the amount of the bet relevant to the which the liability in question has arisen; and
26.2.2 where monies paid by you into your account have been misplaced by us, the return of the same amount into your account.
26.3 We shall not be liable to you in contract, tort (including negligence), breach of statutory duty or otherwise arising for:
26.3.1 business interruption, loss of profits, revenue, business, data, opportunity, business information or goodwill; or
26.3.2 indirect or consequential loss,
arising out of, or in relation to, these Terms of Use, even if such losses are foreseeable or if we have been notified by you of the possibility of such losses.
26.4 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and you confirm that we shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Website.
26.5 We will not be liable for any breach of the Terms of Use if such a breach is caused by a matter beyond our reasonable control, including acts of God, internet failures, computer equipment failures, telecommunication equipment or other equipment failures, electrical power failures, fire, lightning, explosion, war, flood, industrial disputes, sabotage, severe weather, or acts of local or central Government or other competent authorities.
26.6 Nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or any liability to the extent the same may not be excluded or limited as a matter of law.
27. Fraud
27.1 We reserve the right to seek criminal and contractual sanctions against you if you are involved in fraud, dishonest or criminal acts and will make such reports as necessary to the authorities. We reserve the right to withhold payment to you where you are suspected of engaging in fraudulent, dishonest or criminal activities.
27.2 You shall indemnify and shall be liable to pay us, on demand, all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit and loss of reputation) arising directly or indirectly from your fraud, dishonesty or criminal actions.
27.3 Where we have reason to believe that you (or your account) are involved in fraud, dishonest or criminal acts we reserve the right to refuse a bet or any part of a bet offered to us and to void any accepted bets and withhold settlement (there may be other instances where we may void a bet as detailed under the specific sport/event rules, or as otherwise instructed by an appropriate regulator or authority).
28. Disputes
28.1 If you wish to make a query or complaint regarding the Website, as a first step you should, within 15 days from the date of the settlement of the bet, or if still pending, from the date of acceptance of the bet, contact our Customer Support Team.
28.1.1 All complaints must be addressed to Customer Support Team and need to include your User ID and the details of the transaction.
28.1.2 If, having spoken to a member of the 'Customer Support Team', your query or complaint is not resolved, you can ask for the query/complaint to be escalated to a manager or supervisor. Our manager/supervisor will look into your query/complaint in more detail and contact you back with a resolution within 48 hours. You will be given the name and status of the person who your query/complaint has been referred to.
28.1.3 Please note that any calls to our Customer Support Team or to our managers/supervisors may be monitored or recorded for training and quality management purposes and to assist us in quick and effective resolution of queries.
28.1.4 Failure to provide the correct and full details, or requests sent after 15 calendar days from the date of the complaint, will result in disregarding the claim.
28.2 Without prejudice to any rights under these Terms of Use or in law, Frapapa reserves the right to suspend the Account and/or refuse the acceptance of any bets, and/or not to grant or withdraw any promotional offers once the claim has been received and until its complete resolution.
28.3 You acknowledge that the outcome of the games played through the Services shall be determined by the random number generator where applicable and the results that appear on the game server will at all times prevail. You further agree that our server records will be the final authority in determining the terms and circumstances or your use of the Services and the associated results.
28.4 Offensive or rude language, as well as malicious or damaging comments, will not be tolerated while contacting our staff or while discussing our products and services in any media, network or forum. Any infringement of this policy will result in a suspension of the Account and/or every additional action as may be permitted by law.
29. Compliance with laws
29.1 Any betting products accessed through the Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any bets placed through the Website.
30. Withholding payment and our right to offset liability
30.1 We reserve the right to withhold payment and to declare bets on an event void if we have evidence that the following has occurred:
30.1.1 the integrity of the event has been called into question;
30.1.2 the price(s) or pool has been manipulated;
30.1.3 match rigging has taken place;
30.1.4 you were under 18 years of age when you placed the bet;
30.1.5 you were in a jurisdiction (or a resident of a jurisdiction) that renders the provision of our products or services to you or your use of them illegal when you placed the bet; or
30.1.6 you breach clause 5.2.
30.2 At any point of the withdrawal process or at any potentially suspicious activity you may be requested to provide us with additional documentation proving your identity and address to our satisfaction, failing which we may suspend or close your account immediately.
30.3 Evidence of the above may be based on the size, volume or pattern of bets placed with us across any or all of our betting channels.
30.4 If you owe any money to us for any reason, we have the right to take that into account before making any payments to you or permitting you to withdraw any funds from your account.
31. Severability
31.1 If any of the Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
32. Waiver
32.1 No failure or delay by us in exercising any right under these Terms of Use shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
33. No Partnership, Agency, etc
33.1 Nothing in the Terms of Use shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
34. Assignment, Transfer, etc
34.1 You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the Terms of Use without our prior written consent. We are entitled to assign, transfer, charge or otherwise deal in our rights under these Terms of Use as we see fit.
35. Third Party Rights
35.1 Unless expressly stated, nothing in the Terms of Use shall create or confer any rights or any other benefits in favour of any person other than you and us.
36. Law and Jurisdiction
36.1 These Terms of Use shall be governed by and interpreted in accordance with the laws of Nigeria and you irrevocably submit to the non-exclusive jurisdiction of the courts of Nigeria in relation to any dispute in relation to the Terms of Use.
36.2 Any bet placed by the Customer shall be governed by the applicable provisions of the Nigeria Criminal Code Act, CAP. 22 and any regulations and rules made in terms thereof, as amended from time to time. It shall be the responsibility of the Customer to ensure that he/she is aware of these provisions.
37. Entire Agreement
The Terms of Use and any document expressly referred to in them and any guidelines or rules posted on our website represent the entire agreement between us in relation to the subject matter of the Terms of Use and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
You agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms of Use save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of the Terms of Use.