Terms and Conditions - Disclaimer
5. Disclaimer
5.1 The Account Holder is advised to comply with the legislation. Congobet does not provide advice to the Account Holder on tax and/or legal matters. If the Account Holder wishes to obtain advice on tax or legal matters, he is advised to contact the competent consultants and/or authorities.
5.2 In the event that Congobet is found liable in any way by a court and/or similar authority with legal competence and/or jurisdiction over Congobet, Congobet's liability is limited to the amount of the stake or the net winnings of the account holder, whichever is the lower. Alternatively, if relevant and applicable, the amount recorded in the Congobet account or the amount transferred to or from the Congobet account, whichever is the lower.
5.3 Congobet reserves the right, at any time, to resolve any dispute, at its discretion, in accordance with the principles of fairness.
5.4 Congobet is not affiliated or related to the sports teams, event organizers or players featured on its sites and does not claim any intellectual property rights relating to their names and images, which are used strictly for the purpose of providing the services.
5.5 Congobet makes no representations or warranties, express or implied, as to the legal rights of the Account Holder to participate in the Services, nor do Congobet employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotional or other agencies, media partners, agents or retailers have the authority to make such representations or warranties. The Account Holder must not use the Services, open, use or reuse a Congobet Account, access the Site or accept a prize if the Account Holder does not fully understand, accept, wish to become a party to all of the Congobet Rules, without exception, contained herein, and comply with them, as they may be amended from time to time.
5.6 Congobet does not acknowledge or accept any liability for damages and/or losses suffered by an account holder and/or a third party, arising directly or indirectly, as a result of any of the following actions by the account holder:
a. making deposits to the Congobet account via a card or account belonging to a third party;
b. requesting withdrawals from the Congobet account to an account belonging to a third party;
c. providing incorrect data regarding his personal account for the purpose of withdrawals from his Congobet account;
d. granting third parties permission to use their Congobet account to make deposits or withdrawals to/from their Congobet account.
5.7 The Account Holder must take all necessary measures to protect the data and software stored on his/her computer against damage of any kind or intrusion.
5.8 Connection to the site and the account holder's participation in any service are under the account holder's responsibility.
5.9 Congobet does not acknowledge or accept any liability for damages and/or losses suffered by an account holder and/or a third party, whether directly or indirectly, as a result of any of the following:
a. error, typographical error, misinterpretation, mishearing, misreading, mistranslation, spelling error, incorrect reading, trading error, technical deficiency, technical risk, recording error, obvious error, cancellation, for any reason, of a game, force majeure and/or any other similar event;
b. violation of Congobet rules;
c. collusion and/or criminal acts;
d. advice given by Congobet;
e. failures of Congobet's central computer system or any part thereof, delays, losses or omissions resulting from failures of any telecommunications system or any other data transmission system; and/or
f. financial risks and losses, including, but not limited to, fluctuations in foreign exchange rates.
5.10 The Account Holder understands that the services offered on the Site are for entertainment purposes only. The Account Holder is not obligated to use the Services and such participation, if the Account Holder chooses to do so, is solely at the Account Holder’s own choice, decision and risk. The Account Holder’s interest in the Services and the Site is personal and not professional. The Account Holder is accessing the Site for his/her own entertainment. Any other entry, access, use or reuse of the Services and/or the Site by the Account Holder/Player is prohibited.
5.11 The SMS notification service is for the benefit of the account holder only. Congobet does not acknowledge or accept any liability in the event that there is an error in the content of the SMS notifications or in the event that the account holder does not receive the SMS notification(s).
5.12 All information displayed on our website (including, but not limited to, scores, results, event dates and times, statistics, articles, etc.) is provided for informational purposes only and is not intended to constitute professional advice of any kind. Neither Congobet nor its independent suppliers are liable for any erroneous, incomplete, inaccurate information or any delays or actions taken in reliance on the information contained herein.
5.13 All prizes obtained through competitions, promotions and/or poker tournaments organized by Congobet will be sent within an estimated and non-guaranteed period of six weeks from the end of the competition, promotion or tournament.
5.14 If the Account Holder's participation in the Services is interrupted as a result of a failure of the Account Holder's telecommunications or information technology system which prevents the Account Holder from continuing to use the Services after placing a bet, Congobet will take all reasonable steps to ensure that its approved information technology system allows the Account Holder to resume, upon system recovery, his participation in the Services as at the time immediately prior to the interruption. If the Congobet system does not allow the Account Holder to do so, Congobet:
a. ensures the cessation of play;
b. refund the account holder's stake amount to their Congobet account.
5.15 If a service fails after it has started, due to a malfunction of Congobet's computer operating system, Congobet:
a. refund the amount staked in the service and, if the account holder has an accumulated credit at the time of the service failure, credit the monetary value of the credit to the account holder's Congobet account or, if the account no longer exists, pay it to the account holder in an approved manner;
b. immediately inform the regulatory authority of the circumstances of the incident;
c. refrains from performing another service if there is a likelihood that the service will be affected by the same fault.
5.16 Participation in the services implies knowledge and acceptance of the limits of the internet, including in particular:
a. technical capacity, response time for consultation, query or transfer of information, risk of interruption and, in general, the risks inherent in any connection or transmission failure;
b. data protection failures;
c. the risks of infection with potential viruses circulating on the internet.
For these reasons, without prejudice to other clauses in the Disclaimer section, Congobet is not liable for (but not limited to):
a. transmitting and/or receiving data and/or information on the internet;
b. network malfunctions, which prevent the smooth running of the game;
c. failure of any receiving equipment or communications circuit;
d. data loss;
e. damage caused by a virus, a calculation error or a technical failure;
f. damage caused to the player's material, including hardware and software products;
g. malfunctions that prevent or limit participation in a game or a malfunction that results in the failure of the account holder's system, including hardware and software products.
5.17 Game material (whether obtained by electronic or other means) is automatically invalidated if it is counterfeit, mutilated, falsified, altered or intercepted in any way or if it is illegible, reproduced by mechanical or electronic means, obtained outside authorized legitimate channels or if it contains printing, production, typographical, mechanical, electronic or any other errors.
5.18 Congobet is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or "postmarked" correspondence, claims, requests for prizes or entries.
5.19 Congobet's liability for any error or malfunction contained in the games is limited to replacement. Congobet is not liable for malfunctions of gaming devices nor for attempts by the account holder to use the services by methods, means or modalities not contemplated by Congobet.
5.20 The Account Holder indemnifies and holds harmless Congobet, its employees, officers and directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotional or other agencies, media partners, agents and retailers against all costs, expenses, liabilities and damages of any kind that may arise as a result of the following actions of the Account Holder:
a. accessing, using or reusing the site;
b. use of any material on the site;
c. accessing, using or reusing servers used to provide services;
d. accessing, using or reusing a client application;
e. participation in games, chat features and services; or
f. acceptance of any prize.
5.21 Under no circumstances, including but not limited to negligence, shall Congobet, its software and client application suppliers, software providers, subsidiaries and affiliated companies be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use Congobet or its suppliers’ products, client application and/or materials. Specifically, the Account Holder acknowledges and agrees that Congobet is not liable for any defamatory, offensive or illegal conduct of any Account Holder. In the event that the Account Holder is dissatisfied with any service or with any of these Congobet rules, the Account Holder’s sole remedy is to cease using the services.
5.22 The Account Holder understands, acknowledges and accepts that any resemblance to reality of the names, circumstances or conditions used, illustrated, described or suggested in the games operated on the site is entirely coincidental and unintentional.
5.23 The Account Holder understands that Congobet reserves the right to modify or remove any of its services at any time.
5.24 The Account Holder must periodically, but at least once a month, review the Congobet rules as published on the website.