The agreement between us.

These terms and conditions (“Terms”) are entered into between you and:

Tshintsha Trade (Pty) Ltd t/a Bestbet
Registration number: 2015/389865/07
204 Palmer Crescent, Leopard Park, Mafikeng, 2745
South Africa
(the “Company”, “we”, “us”, or “our”).

In these Terms:

• “Service” means the Bestbet website, mobile-optimised web application, related APIs, content, tools, and any other platform feature made available by the Company from time to time.
• “User” or “you” means any person who accesses or uses the Service, whether or not they hold a subscription.
• “Tipster” means a user who publishes betting picks on the Service.
• “Subscriber” means a user who has taken out a paid subscription to the Service.
• “Content” means any text, picks, odds, tipster ledgers, messages, links, images, code, or other material published on or made available through the Service.
• “POPIA” means the Protection of Personal Information Act 4 of 2013. “ECTA” means the Electronic Communications and Transactions Act 25 of 2002. “CPA” means the Consumer Protection Act 68 of 2008. “NGA” means the National Gambling Act 7 of 2004.

By creating an account, subscribing, or otherwise using the Service you accept these Terms in full and acknowledge that they form a binding contract between you and the Company. If you do not agree, you must stop using the Service immediately.

We may amend these Terms from time to time. We will publish the updated Terms on this page with a new effective date. Where a change is material we will give you reasonable notice through the Service or by email before it takes effect. Your continued use of the Service after the effective date constitutes your acceptance of the amended Terms. If you do not accept the amendment, your sole remedy is to discontinue use and cancel any active subscription before the effective date.

The Service is an information and analytics platform that aggregates, normalises and publishes:

• betting tips and selections published by Tipsters;
• an append-only ledger of those tips and their settled outcomes;
• ranking, ROI and performance metrics derived from that ledger; and
• a community chat feature and supporting account, billing and account-management functions.

The Service does not:

• accept wagers from you or on your behalf;
• hold, transfer, or settle any betting stake or winning;
• act as agent, broker, or intermediary between you and any bookmaker, exchange, or other gambling operator;
• provide financial, investment, tax, legal, or other regulated advice; or
• constitute or promote a “gambling activity”, “gambling game”, “wager”, “interactive gambling” or “bookmaking” as those terms are used in the NGA or any provincial gambling statute.

You acknowledge that the Service is provided on an “as is” and “as available” basis. You are solely responsible for evaluating the suitability of any information published on the Service and for any decision you make in reliance on it.

To use the Service you represent and warrant that:

• you are at least eighteen (18) years old, or the legal age of majority in your jurisdiction, whichever is higher;
• you have the legal capacity to enter into a binding contract under the laws applicable to you;
• your use of the Service and any related betting activity is lawful in the jurisdiction in which you are located;
• you are not located in, or accessing the Service from, a jurisdiction where the receipt of betting information is prohibited by law;
• you are not subject to a self-exclusion order or registered on any national or provincial gambling self-exclusion list that prohibits you from receiving betting-related information;
• you have not previously been suspended or removed from the Service.

We may, at our discretion, require proof of age, identity, and place of residence. We may suspend or terminate your access if we are unable to verify any of the foregoing or if we have reasonable grounds to suspect that any of the above representations is untrue.

You may need to create an account to access certain features. When you do, you agree to:

• provide accurate, current and complete information;
• keep your password and authentication credentials confidential and not share them with any other person;
• notify us immediately at info@bestbet.co.za of any unauthorised use of your account or any other security incident;
• accept full responsibility for all activity that occurs under your account, whether authorised or not.

You may only hold one (1) account at a time. Multiple accounts, accounts created using false information, and accounts used to evade a suspension or ban are prohibited and may be terminated without refund.

The Service is offered on free and paid tiers. The features and current pricing of each tier are displayed on the Plans page. By subscribing to a paid plan you authorise the Company, via its payment service provider, to charge the recurring subscription fee in advance for each billing cycle until you cancel.

All amounts are quoted in South African Rand (ZAR) and are inclusive of value-added tax (VAT) where applicable. The Company reserves the right to change pricing or introduce additional tiers or features at any time. Where a change in price applies to your existing subscription we will give you at least thirty (30) days' written notice and you may cancel before the new price takes effect.

Payment is taken automatically on the renewal date through our licensed third-party payment service provider. If a payment fails, we may retry it, downgrade your account to the free tier, suspend or terminate your account, and recover any amount due as a liquid debt.

You may cancel a paid subscription at any time from your account settings. Cancellation prevents the next renewal but does not terminate the current paid period; you retain access until the end of the billing cycle in which you cancelled, and we will not issue a refund for the unused portion of that cycle except where required by law.

Where the CPA applies to your subscription, you may have a cooling-off right in respect of distance contracts entered into as a result of direct marketing, in terms of section 16 of the CPA. To exercise that right, contact info@bestbet.co.za within five (5) business days of conclusion of the contract. The cooling-off right does not apply where you have already begun to consume the Service and the Service is by its nature delivered immediately on conclusion of the contract.

We do not offer refunds in respect of dissatisfaction with the performance of any Tipster, the outcome of any bet you placed, or losses incurred in any betting activity, all of which are outside the scope of the Service.

You agree that you will not, and will not attempt to:

• use the Service in any manner that is unlawful, harmful, fraudulent, defamatory, obscene, or otherwise objectionable;
• upload, post or transmit any content that is unlawful, harmful, defamatory, obscene, infringing or threatens any person, including via the community chat;
• post or share URLs, link shorteners, bare domains, IP addresses, contact details for solicitation, or referral codes in chat. The Service blocks such content at the composer and on the server. Persistent attempts will result in mute or removal;
• attempt to gain unauthorised access to any account, system, network or data, or interfere with the operation or security of the Service;
• use any automated means (scrapers, bots, headless browsers, data harvesters) to access, copy, mirror or extract content from the Service without our prior written consent;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service except to the extent permitted by law;
• circumvent any technical limitation, rate limit, paywall, or access control, or share access with persons who do not hold their own account;
• impersonate another person, misrepresent your affiliation, or create accounts on behalf of any person without their authority;
• use the Service to launder money, finance terrorism, evade sanctions or facilitate any other criminal activity.

Breach of this clause is grounds for immediate suspension or termination of your account without notice or refund. We cooperate fully with law enforcement and may disclose information about you to the extent required to investigate suspected unlawful activity.

By posting any content to the Service (including chat messages, tipster picks, feedback, support correspondence, or any other material), you grant the Company a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to host, store, reproduce, display, distribute, adapt and use that content for the purposes of operating, providing, improving, promoting and securing the Service.

You represent and warrant that you own or have all necessary rights to post the content, that the content does not infringe any third party right, and that the content complies with these Terms and applicable law.

We may, but are not obliged to, monitor, moderate, edit, redact or remove any content for any reason, including breach of these Terms. We are not responsible for the content of any user-generated material and we expressly disclaim any liability arising from such content.

Tipsters are independent contributors to the Service. They are not employees, agents, partners, or representatives of the Company. Their picks are their own. We do not endorse, ratify, warrant or guarantee the accuracy, reliability, profitability or outcome of any tip published on the Service.

We do not pay tipsters to lose, win or do anything in particular. The relationship between a Tipster and the Company is set out in a separate Tipster Agreement. Any commercial arrangement between you and a Tipster outside the Service is entirely between you and that person and does not bind the Company.

The Service is built around an append-only ledger of tips and settled outcomes. Once a tip has been published, it cannot be deleted, altered or back-dated. The settled outcome is recorded against the price called at the time of publication, and that record forms part of the Service.

Tipsters expressly accept that ledger entries are permanent and irrevocable. Users expressly accept that the ledger reflects the results of past performance only and is not a representation, warranty or prediction of future results.

All intellectual property in and to the Service, including but not limited to its design, layout, source code, brand, name, logo, the “Bestbet” wordmark, the look and feel of the platform, the structure and output of the ledger, the analytics and methodology, the graphics, illustrations and copy, is owned by or licensed to the Company and is protected by the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and any other applicable intellectual property law.

We grant you a personal, limited, revocable, non-transferable, non-sublicensable licence to access and use the Service for personal, non-commercial purposes in accordance with these Terms. No other rights are granted, by implication or otherwise.

You may not copy, modify, distribute, sell, lease, rent, or create derivative works of any part of the Service, nor remove any proprietary notice, without our prior written consent.

The information on the Service is provided for general informational and entertainment purposes only. It is not, and must not be relied on as, advice (financial, investment, tax, legal, gambling or otherwise).

To the maximum extent permitted by law:

• the Service is provided on an “as is” and “as available” basis without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, timeliness, non-infringement or that the Service will be uninterrupted, secure or error-free;
• we do not warrant the accuracy or reliability of any tip, odds, fixture data, ledger entry, ranking, ROI calculation, market price, or other information published on the Service;
• past performance is not indicative of future results;
• we do not warrant that following any tip will result in profit;
• we do not warrant that the Service is suitable for any particular purpose or for any user in any particular jurisdiction.

Nothing in this clause excludes or limits any liability that cannot be lawfully excluded or limited, including liability for fraud, gross negligence or wilful misconduct.

To the maximum extent permitted by law:

• the Company, its affiliates, directors, officers, employees, agents, contractors and Tipsters shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including without limitation loss of profit, loss of revenue, loss of opportunity, loss of data, loss of goodwill, gambling losses, lost stakes, missed bets, missed cashouts, or substitute services, arising out of or in connection with your use of, or inability to use, the Service, whether such liability is based in contract, tort (including negligence), strict liability, statute or otherwise, and whether or not we have been advised of the possibility of such damages;
• the Company shall have no liability for any betting decision you make or refrain from making, for any loss or alleged loss flowing from any bet you place with any third party, or for any act, omission, error or default of any Tipster, bookmaker, exchange or payment provider;
• our aggregate liability to you in respect of all claims, of whatever nature, arising in any twelve (12) month period out of or in connection with your use of the Service shall not exceed the greater of (i) the total subscription fees actually paid by you to the Company in that twelve (12) month period; or (ii) one thousand South African Rand (R1,000).

The exclusions and limitations in this clause apply notwithstanding any failure of essential purpose of any limited remedy. Nothing in this clause excludes or limits any liability that cannot lawfully be excluded or limited.

You agree to indemnify, defend and hold harmless the Company, its affiliates, directors, officers, employees, agents, contractors and Tipsters (the “Indemnitees”) from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, costs and expenses (including reasonable legal fees on an attorney-and-own-client basis) arising out of or in connection with:

• your breach of any provision of these Terms;
• your breach of any applicable law or regulation, including any gambling, tax, anti-money laundering, consumer protection or data protection law;
• any content you post or transmit through the Service, including any claim that such content infringes any third party right or is otherwise unlawful;
• any bet, wager, transaction or other activity you undertake with any bookmaker, exchange, or other third party, including all losses and tax consequences arising therefrom;
• any misrepresentation you have made in respect of your age, identity, location, capacity or eligibility;
• your wilful misconduct, gross negligence or unauthorised use of the Service.

The Company may, at its option and at your expense, assume the exclusive defence and control of any matter for which you are obliged to indemnify the Indemnitees. You shall cooperate fully with the Company in any such defence and shall not settle any claim without the Company's prior written consent.

We may suspend or terminate your access to the Service, or any part of it, immediately and without prior notice if:

• we reasonably suspect that you are in breach of these Terms;
• we reasonably suspect that you are engaged in unlawful or fraudulent activity, or activity that creates a risk for the Company, the Service or other users;
• you fail to pay any fee that is due and owing;
• we are required to do so by law or by a competent regulator;
• we discontinue any feature of the Service in whole or in part.

You may terminate your account at any time by cancelling your subscription and emailing info@bestbet.co.za. On termination of your account: (a) your right to use the Service ends immediately; (b) any provision that by its nature ought to survive will survive, including without limitation clauses 12, 13, 14, 15, 17, 19 and 22 of these Terms; and (c) ledger entries posted as a Tipster will remain on the Service.

Neither party shall be liable for any failure or delay in performance of these Terms (excluding obligations to pay) to the extent caused by an event beyond its reasonable control, including but not limited to acts of God, natural disasters, war, riot, civil unrest, strike, labour dispute, pandemic or epidemic, government action, power failure, internet outage, telecommunications failure, cyber attack, or third-party service outage.

The Service may contain references to, integrations with, or links to third-party websites, services, bookmakers, exchanges, or platforms. We do not control and are not responsible for any such third-party service, content, or practice. Inclusion does not imply endorsement. Your interactions with any third party are solely between you and that third party, subject to that third party's terms and policies.

Nothing on the Service constitutes legal, tax, accounting, financial, investment, gambling or any other regulated advice. You are solely responsible for understanding your tax obligations, your legal position, and the gambling laws and regulations applicable to you in your jurisdiction. If you need advice, consult a suitably qualified professional.

We may send you electronic communications relating to your account, billing, security and material changes to the Service. Such operational communications are an essential part of the Service and you cannot opt out of them while you have an active account.

Any notice to the Company under these Terms must be sent to info@bestbet.co.za. Any notice to you may be sent to the email address registered against your account.

You may not assign, sub-licence or otherwise transfer any of your rights or obligations under these Terms without our prior written consent. We may assign, novate or transfer any of our rights or obligations under these Terms without your consent, including in connection with a merger, acquisition, restructure or sale of assets.

These Terms, the Service, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of the Republic of South Africa, without regard to its conflict-of-laws rules.

Subject to clause 23, you and the Company agree to submit to the exclusive jurisdiction of the High Court of South Africa, North West Division, Mahikeng, in respect of any dispute arising out of or in connection with these Terms or the Service. The Company retains the right to bring proceedings against you in any other court of competent jurisdiction in order to enforce a judgment, recover an amount due, or protect its intellectual property.

Before commencing legal proceedings, we encourage you to contact us at info@bestbet.co.za so we can attempt to resolve the matter informally.

If you are a “consumer” as defined in the CPA, you may also refer the dispute to the National Consumer Commission or to the relevant Consumer Tribunal in terms of section 70 of the CPA. Nothing in these Terms limits any statutory right you have to access alternative dispute resolution mechanisms.

If any provision of these Terms is held to be invalid, unenforceable or illegal by a court of competent jurisdiction, that provision shall be severed and the remainder of the Terms shall continue in full force and effect. The parties shall negotiate in good faith to replace the severed provision with a valid and enforceable provision that achieves, to the maximum extent possible, the original commercial intent.

No failure or delay by the Company in exercising any right, power or remedy under these Terms shall operate as a waiver of that right, power or remedy. No waiver shall be effective unless given in writing by the Company.

These Terms, together with the Privacy Policy, Cookies Policy, Responsible Play page, Plans page and any specific terms applicable to particular features (collectively, the “Agreement”), constitute the entire agreement between you and the Company in relation to the Service and supersede all prior or contemporaneous communications, representations and understandings, whether written or oral.

Tshintsha Trade (Pty) Ltd t/a Bestbet
Registration number: 2015/389865/07
204 Palmer Crescent, Leopard Park, Mafikeng, 2745
South Africa
Email: info@bestbet.co.za