TERMS AND CONDITIONS

YOUR ATTENTION IS DRAWN TO THESE TERMS AND CONDITIONS AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED. USE OF THIS PLATFORM IS SUBJECT TO THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY PUBLISHED ON THIS WEBSITE AND/APP. BY CONTINUING TO USE THIS WEBSITE AND/OR APP YOU AGREE TO THESE TERMS AND CONDITIONS AND RELATED PRIVACY POLICY.

EFFECTIVE ON: 15 AUGUST 2023

1 INTRODUCTION & ROLE OF BLOW THE REF

1.1 This website and application is owned and operated by BLOW THE REF (PTY) LTD a private company (hereinafter referred to as the ‘BLOW THE REF’) and can be accessed on www.blowtheref.com and blow-the-ref.web.app (hereinafter referred to as ‘this Platform’ or ‘the Platform’ as the context may require).

1.2 These Terms and Conditions apply to visitors and users of this Platform. Use of this Platform is made available subject to these Terms and Conditions as set out below, including, but not limited to policies, notices as well as any documents that are referred to in clauses set out in these Terms and Conditions.

1.3 By using this Platform you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms and Conditions that BLOW THE REF may prescribe from time to time. These Terms and Conditions may be changed in the future without notice and your continued use of this Platform signifies your acceptance of the updated and/or modified Terms and Conditions.

1.4 BLOW THE REF is responsible for the operation of the Platform in accordance with this Terms & Conditions. BLOW THE REF acts as a bookmaker, determines the fixed odds, regulates betting and calculates your winnings and is responsible for the payment of winnings in South Africa.

1.5 Any new features or tools which are added to this Platform shall also be subject to these Terms and Conditions.

1.6 By using this Platform you acknowledge that you have read, and agree to be bound by these Terms and Conditions.

1.7 By agreeing to the Terms and Conditions of these Terms and Conditions you represent that you reached the age of majority in your state or province of residence, alternatively, that being a major in your state or province of residence you hereby consent to allow your dependents to use this Platform. Therefore, you represent that you are at least 18 years of age should you opt for the “pay to play” option and furthermore, are not listed on the register of excluded persons contemplated in section 14 of the National Gambling Act, 2004. Should you opt to play for free, you represent that you are at least 13 years of age.

1.8 For purposes of convenience, clauses contained herein that are deemed to be important (clauses that may limit our responsibility or involve risk for you) will be in bold and/or italics and/or highlighted, as such, special attention is required for such clauses.

1.9 This Platform is offered to you under the provision that you agree to use this Platform only in line with these Terms and Conditions and any applicable laws, rules and regulations.

1.10 These Terms and Conditions form an agreement between you and BLOW THE REF, it is therefore your prerogative to ensure that you understand all provisions contained herein.

1.11 By continuing to use this Platform you agree to accept, without modification, limitation or qualification these Terms and Conditions.

1.12 In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002 (‘ECTA’) and the common law of contracts, these Terms and Conditions are valid, binding and enforceable against all persons that access this Platform.

1.13 Disclosures in terms of section 43 of the Electronic Communications and Transactions Act.

The full name and legal status of the proprietor of this Platform is:
BLOW THE REF (PTY) LTD
Registration number: 2018/452803/07

The full address of the proprietor of the Platform is:
Registered Address: Plot 36, 2 Ajax Street, Olympus AH, Pretoria, Gauteng, 0043

The full address of the proprietor of the Platform is:
Email address: demetrius@blowtheref.com or michelle@blowtheref.com

Physical address for receipt of legal service:
Address: 379 Lynnwood Road, Menlo Park, Pretoria, Gauteng, 001

Main business:
Online platform for various sports content, games, socializing.

1.14Notwithstanding the fact that there are hyperlinks in these Terms and Conditions, applying to copyright notices and legislation, the hyperlinks should be deemed to be part of these Terms and Conditions in terms of Section 11 of ECTA, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.

1.15Termination: the proprietor of this Platform has the right to suspend or terminate your access to and use of this Platform at any time, for any reason, without notice to you. All licenses granted hereunder may also be terminated by the proprietor at any time. If you breach any of these Terms and Conditions, the rights granted hereunder shall automatically terminate.

2 INTERPRETATIONS AND DEFINITIONS

2.1 The following words shall, unless the context otherwise requires, have the meanings hereinafter assigned to them:

2.1.1 words signifying the singular number shall include the plural and vice versa;

2.1.2 words signifying the masculine shall include the feminine;

2.1.3 any words defined in the Electronic Communications and Transactions Act 25 of 2005 not defined hereunder shall bear the same meaning in these Terms and Conditions in relation to matters referred to herein;

2.1.4 a reference to any Act shall include any amendment thereto or Act in substitution therefore;

2.1.5 each term, power or authority herein shall be given the widest possible interpretation;

2.1.6 the headings to the sections in these Terms and Conditions are for reference purposes only and shall not be taken into account in the interpretation of the provisions in these Terms and Conditions.

2.2 The following words expressions and abbreviations shall have the meaning hereinafter assigned to them:

i.‘app’ means the BLOW THE REF application, owned and operated by BLOW THE REF which can be accessed on blow-the-ref.web.app.

ii.‘content’ means any material, in whatever form, including but not limited to any information, posts, photographic shots, 3D conversions of photographic shots, 3D tour, video recordings, adaptations, logos, buttons, icons, software, trademarks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in this Platform;

iii.‘Copyright’ means the Intellectual Property contained in the content which shall vest in all the content contained on this Platform, such content irrespective of the form in which it is displayed or presented remains the property of BLOW THE REF;

iv.‘Intellectual Property’ means any and all information, content, Copyright, graphics or otherwise contained in this Platform, irrespective of whatever form it takes;

v.‘territory’ means the whole world;

vi.‘Terms and Conditions’ means this agreement between the users or visitors of this Platform and the proprietor of this Platform;

vii.‘Third Party Websites’ means any other website and/or applications not belonging to BLOW THE REF;

viii.‘Party’ singularly refers to a user of this Platform; ‘Parties’ collectively refers to a user of this Platform and the proprietor of the Platform;

ix.‘Privacy Policy’ means the manner in which the user of the Platform will administer the information acquired as a result of use of this Platform;

x.‘service’ means the services and products provided on this Platform;

xi.‘user’ means any person visiting or using this Platform, also referred to as ‘you’ as the context may require;

xii.‘website’ means the BLOW THE REF website, owned and operated by BLOW THE REF which can be accessed on www.blowtheref.com ; and

xiii.‘written notice’ means any notice sent to BLOW THE REF by a user of the Platform, addressed to BLOW THE REF through the details noted in paragraph 1.9 supra.

3 USE OF WEBSITE AND/OR APP

3.1 The purpose for which this Platform has been established is to provide information with regards to and promote the services it provides, namely video and animation production. The services offered on this Platform may be stated on various other platforms. The information provided on such pages are subject to change.

3.2 The user’s access to and use of this Platform is solely at the user’s own risk.

3.3 Use of this Platform by a user is limited to personal and/or non-commercial purposes only. None of the content from the Platform will be used or exploited by users for any commercial and non-private purposes, without the prior written consent from the proprietor of the Platform.

3.4 We reserve the right to claim damages from and/or institute criminal proceedings against a user for misuse or infringement of any content published on the Platform.

3.5 Use of this Platform does not confer any rights, licenses and/or permissions on the user unless expressly set out in these Terms and Conditions.

3.6 The user hereby agrees not to use the Platform for any purpose that is unlawful, improper or prohibited by these Terms and Conditions or laws of the Republic of South Africa.

3.7 The user agrees that it will not link or frame any page, in whole or in part, in any manner whatsoever, without the prior written consent of BLOW THE REF.

3.8 In using the Platform a user will not and is specifically prohibited from:

3.8.1 Publishing any content from the Platform on any other media, without the written authorization of BLOW THE REF;

3.8.2 Selling and/or otherwise commercializing any content from the Platform;

3.8.3 Using the Platform in any way that is or may be damaging to the Platform;

3.8.4 Using the Platform in any way that impacts user access to the Platform;

3.8.5 Using this Platform contrary to applicable laws and regulations, or in any way which may cause harm to the Platform, any person or entity;

3.8.6 Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Platform;

3.8.7 Using the Platform to engage in any advertising or marketing;

3.8.8 Access or attempt to access any service or content which the user is not authorized to access;

3.8.9 Transmitting any worms or viruses or any code of a destructive nature;

3.8.10 Attempt to change, adapt or modify any content of the Platform on the Platform itself or on another platform; and

3.8.11 Disrupt or interfere with the security of, or otherwise cause harm to, the Platform.

3.9 A breach or violation of any of the terms of these Terms and Conditions will result in the immediate termination of the services being provided or to be provided to the user of this Platform.

3.10 We reserve the right to refuse to provide our service to any user of this Platform.

4 SERVICES

Certain services and services incidental thereto may be made available exclusively through this Platform, which may change from time to time.

5 ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

5.1 We are not responsible if information made available on this Platform is not accurate, complete or current. The content and/or material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

5.2 Any reliance on the content and/or material on this Platform is solely at the user’s risk.

5.3 This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time. Notwithstanding the aforementioned, we are not under any obligation to update any information on the Platform.

5.4 The user of this Platform hereby acknowledges and agrees that the responsibility to monitor changes to this Platform as well as these Terms and Conditions falls on the user.

6 ERRORS, INACCURACIES AND OMISSIONS

6.1 Occasionally there may be information on our Platform or in the service that contains typographical errors, inaccuracies or omissions that may relate to the service description, or information provided by users. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice.

6.2 We undertake no obligation to update, amend or clarify information in the service or on any related website/application, should be taken into indicate that all information in the service or on any related website/application has been modified or updated.

7 HYPERLINKS TO AND FROM THIRD PARTY WEBSITES AND/OR APPS

7.1 This Platform may link the user to other Third Party Websites. We hereby confirm that any link to a Third Party Website does not and should not be interpreted to mean the Third Party Website is under the control or belongs to us.

7.2 The user hereby acknowledges that we are not accountable for the accuracy, copyright compliance, legality, decency, or any other aspect with regards to a Third Party Website.

7.3 We do not provide any warranties, representation or conditions of any kind for any Third Party Website.

7.4 Any links to a Third Party Website may not be construed as an endorsement by us of the Third Party Website’s content or as an association with the operators of the Third Party Website.

7.5 Use of any Third Party Website by a user is entirely at the user’s risk and discretion, as such, it is the prerogative of the user to familiarize himself or herself with and approve of the terms of the Third Party Website.

7.6 We will not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the content from the Third Party Website.

7.7 Any personal information provided to a third party on a Third Party Website as a result of a link on this Platform is at the user’s risk and we are not responsible for any actions or policies of such third party.

8 ELECTRONIC COMMUNICATIONS

8.1 When a user visits the Platform and completes a contact form to request information, or when the user sends an email to us, and the user does not explicitly request a non-electronic communication medium; the user consents to receiving communications from us electronically and agrees that all agreements, notices, disclosures and other communications sent by us satisfy any legal requirements, including, but not limited to the requirement that such communications should be ‘in writing’.

8.2 The user acknowledges and accepts that the action to click on specified buttons on certain web forms on the Platform may constitute an expression of consent, agreement or other statement, as the case may be.

9 AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

9.1 No agreement shall be concluded merely by sending a data message to this Platform or its proprietors. Valid agreements require an offer, acknowledgment of an offer and acceptance thereof from BLOW THE REF.

9.2 No email message shall be deemed to have been received by BLOW THE REF until a response has been issued from BLOW THE REF. An automated response from BLOW THE REF shall not satisfy this requirement.

10 PERSONAL INFORMATION

A user’s submission of personal information on the Platform is governed by our Privacy Policy which can be found below.

11 DIRECT MARKETING

This Platform may contain advertisements for related services products and goods, which each user shall have access to as a result of using the Platform. Furthermore, users who have provided their personal information in view of receiving a service from BLOW THE REF, as such, expressly acknowledge and give consent in terms of Section 69(3) of the Protection of Personal Information Act 4 of 2013 to the Direct Marketing of similar products or services offered by BLOW THE REF.

12 PROHIBITED USES

12.1 In addition to any prohibitions set out in these Terms and Conditions, the users of the Platform are prohibited from using the Platform or its content for:

12.1.1 for any unlawful purpose;

12.1.2 to solicit others to perform or participate in any unlawful acts;

12.1.3 to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

12.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

12.1.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

12.1.6 to submit false or misleading information;

12.1.7 to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website/application, other websites/applications, or the Internet;

12.1.8 to collect or track the personal information of others;

12.1.9 for any obscene or immoral purpose; or

12.1.10 to interfere with or circumvent the security features of the Platform or any related website/application, other websites/applications, or the internet. We reserve the right to terminate your use of the service or any related service for violating any of the prohibited uses.

13 COPYRIGHT

13.2 Copyright shall vest in all the content contained on the Platform, irrespective of the form in which it is displayed or presented. We retain its entire right, title and interest in and to the content of the Platform.

13.3 Use of the Platform by a user does not confer any license or permission by us to the use of the content of the Platform, save for personal use by the user. Commercial use of any of the content of the Platform is prohibited unless written permission is obtained from us, in which event the document granting right of use will expressly provide the extent and limitations of the use of the content of the Platform.

13.4 Notwithstanding any other provisions in these Terms and Conditions, the rights as it relates to the content of the Platform remain reserved.

13.5 Your attention is hereby drawn to the fact that Copyright Infringement is a criminal offence.

14 INTELLECTUAL PROPERTY RIGHTS

14.1 All content included on the Platform, including but not limited to any information, posts, designs, logos, buttons, icons, software, Trade Marks, texts, graphics, software, music, sound, audio, photographs, videos, data, database, Intellectual Property, Confidential Information contained in the website are protected by South African and International Intellectual Property Treaties.

14.2 Any compilation, meaning; the collection, arrangement and assembly, of all content on the Platform is the property of BLOW THE REF either as Proprietor or Licensee and is protected by South African and International Copyright and Intellectual Property laws.

14.3 The user will not, other than for his or her personal and non-commercial use, store on his or her computer, or any other device, print copies of extracts from the Platform, mirror or cache information provided on the Platform, on his or her own server, computer, mobile, device or any other storage facility of whatsoever nature; or copy, adapt modify or re-use the text or graphics from this Platform, without the prior written permission of us.

14.4 All Trade marks reflected on the Platform are the exclusive property of BLOW THE REF. Unauthorised use of these Trade marks is prohibited. Full details of the Trade marks owned by BLOW THE REF in relation to this Platform are available upon request.

14.5 Notwithstanding any other provisions in these Terms and Conditions, the Intellectual Property rights in the Platform as it relates to the content of the Platform remain reserved.

15 LINKING AND FRAMING

15.1 The Platform may contain links to other websites/applications (‘Linked Sites’). The Linked Sites are not under the control of BLOW THE REF and are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BLOW THE REF is not responsible for webcasting or any other form of transmission received from any Linked Site. We provide the aforementioned links to the user of this Platform only as a convenience, and the inclusion of any link does not imply endorsement or association with the operators of any site.

15.2 Any third party site may link to this Platform provided that such a link is directed at the home page of this Platform. It is expressly prohibited for any person, business, entity or website/application to link any page other than the home page of this Platform, without the prior written approval of BLOW THE REF.

15.3 It is expressly prohibited for any person, business, entity, or App to frame any page of this Platform, including the home page, in any way whatsoever, without the prior written approval of BLOW THE REF.

16 BREACH

16.1 In the event that, the user of this Platform commits a breach of these Terms and Conditions, the party will request the other party who committed the breach, by way of a written notice, to rectify the breach within a period of 7 (seven) days.

16.2 If the party in breach fails to rectify the breach within the time frame stipulated supra, the other party may terminate these Terms and Conditions, which constitutes an agreement, immediately.

16.3 Nothing in these Terms and Conditions shall be interpreted to preclude any party from instituting legal proceedings against the other party who is in breach.

16.4 The termination of these Terms and Conditions, for whatever reason, will not affect the rights of either the user of this Platform or the proprietor of this Platform, which:

16.4.1 May have accrued before the termination of these Terms and Conditions; and

16.4.2 Specifically, or by their nature survives the termination of these Terms and Conditions.

17 DISPUTES

17.1 In the event of a dispute between the user and any third party, we will not be involved in such dispute, unless we deem it necessary to protect its rights and interests.

17.2 In the event of dispute between the user and the proprietor of this Platform, the user must address the proprietor of this Platform, in writing, and forward same to demetrius@blowtheref.com or michelle@blowtheref.com. The administrator will contact the party involved in an attempt to resolve the matter.

18 PRIVACY POLICY

18.1 The provisions in these Terms and Conditions are in conjunction with the provisions as contained in the Privacy Policy as provided for on the Platform, which can be found below.

18.2 A user undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity.

18.3 We agree not to use, without a user’s express consent, a user’s personal information for any purpose other than it was disclosed.

18.4 Although we take every precaution to protect the private information of users, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, we take no responsibility for the breach, loss or misuse of such private information when in possession of such parties.

18.5 We agree to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.

18.6 We undertake not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.

18.7 We undertake never to sell or make available the personal information of a user to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.

18.8 We shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a user directly.

19 PLATFORM SECURITY

19.1 We will take reasonable steps, to secure the electronic content, and the information provided by and collected from the user, from unauthorised access (hacking) and/or unauthorised disclosure. However, we do not make any warranties nor any representations that content will be 100% (one hundred percent) safe and secure.

19.2 General and technical information is collected either electronically by using cookies or is provided voluntarily by the user. Users may determine cookie use independently through their own browser settings.

19.3 We are under no legal duty to encrypt any content or communications from and to the Platform and is also under no legal duty to provide digital authentication of any page on the Platform.

19.4 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, but not limited to, to the Platform or the server and computer network that support the Platform.

19.5 Notwithstanding criminal prosecution, any User who delivers any damaging code to the Platform, whether on purpose or negligently, will, without any limitation, indemnify and hold us harmless against any and all liability, damages and losses the proprietor of this Platform and its partners / affiliates may suffer as a result of such damaging code.

19.6 Users and visitors of this Platform may not develop, distribute or use any device to breach or overcome the security measures of the Platform and we reserve the right to claim damages from any and all persons concerned with a security failure or breach of these Terms and Conditions.

20 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

20.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Platform or the services provided from and through the Platform. Furthermore, we makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Platform are free from errors or omissions or that the service will be uninterrupted and error free.

20.2 This Platform is supplied on an ‘as is’ basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy himself or herself, prior to entering into this agreement with us, that the service available from and through this Platform will meet the user’s individual requirements.

20.3 Information, ideas and opinions expressed on this Platform should not be regarded as professional advice or the official opinion of BLOW THE REF.

20.4 The user’s use of the Platform is dependent on factors beyond the control of BLOW THE REF, such as but not limited to, the user’s network coverage or availability, the user’s ISP availability or the user’s device capability or capacity.

20.5 We are not liable for any loss or damage the user may suffer if a factor beyond its control arises and the user cannot access the Platform.

20.6 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

20.7 No information or data on the Platform constitutes an offer to do business, but merely an invitation to consider the service provided by BLOW THE REF.

20.8 No agreement shall be concluded merely by sending a data message via the contact form contained on the Platform or to any email address listed on the Platform.

20.9 No data message sent via the contact form contained on the Platform or to any email address listed on the Platform shall be deemed to have been received by us until a response has been issued by us, an automated response from us shall not satisfy this requirement.

21 WAIVER AND SEVERABILITY

21.1 Any failure or delay by us to exercise or enforce any right or provision will in no way constitute a waiver of such right or provision.

21.2 In the event that any Term and Condition detailed herein is found unenforceable or invalid for any reason, such separate term(s) or condition(s) will be severable from the remaining Terms and Conditions. The remaining Terms and Conditions will remain enforceable and applicable.

22 CHANGES AND AMENDMENTS

22.1 We expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

22.1.1 Change these Terms and Conditions. The user of this Platform can review the most current version of these Terms and Conditions at any time by accessing the ‘Terms and Conditions’ link on the Platform;

22.1.2 Change the content and/or services published on the Platform;

22.1.3 Discontinue any aspect of the Platform, or services published on the Platform; and/or

22.1.4 Change the software and hardware required to access and use the Platform.

23 TERMINATION

23.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

23.2 These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services, or when you cease using our Platform.

23.3 If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice.

24 FINANCIAL INTELLIGENCE CENTRE ACT COMPLIANCE & PAYMENTS

24.1 BLOW THE REF is bound by and has to comply with the provisions of the Financial Intelligence Centre Act, Act 38 of 2001, as amended (“FICA”). The FICA sets certain requirements in relation to identity establishment and verification procedures, user/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 as BLOW THE REF are not unlawfully used as vehicles for money laundering and/or the financing of terrorism or other criminal activities.

24.2 All procedures and restrictions as implemented by the FICA, shall be complied with by BLOW THE REF and should no provision be made for such procedures or restrictions, BLOW THE REF will implement its own procedures and restrictions which shall always be compliant with the relevant laws and regulations.

24.3 In order to participate in any betting activities on the Platform, BLOW THE REF is obliged by the FICA to establish the identity of a user, and verify such identity, prior to a user creating an account on the Platform. BLOW THE REF will not create an account on the Platform should a user not comply all of the requirements. BLOW THE REF requires the following information:

24.3.1 Full names of the user;

24.3.2 South African Identity Number or Passport Number;

24.3.3 Mobile number;

24.3.4 E-mail address; and

24.3.5 The source of the funds that will be used in order to place bets on the Platform, as well as the payment method.

24.4 BLOW THE REF may require a user to submit proof of identification, such as a copy of an Identity Document/Passport; proof of residential address; a valid driver’s license; a valid, current work permit; a valid, current asylum seeker or refugee permit. In case BLOW THE REF requests a user to provide a copy of an Identity Document/Passport; or a valid driver’s license, the document must include the entire document or smart card, as the case may be, including the photograph and other information as contained on the document or smart card. In case of a smart card, the front and back must be provided to BLOW THE REF. In respect of proof of a user’s residential address, utility bills are sufficient, however, shall be dated no earlier than 3 months prior to the date of submission to BLOW THE REF thereof.

24.5 By creating an online account on the BLOW THE REF’s Platform, the user confirms and irrevocably consents that BLOW THE REF shall be entitled to conduct such identification, credit and other verification and/or screening or security checks (including, but not limited to, verifying the user’s source of funds) that BLOW THE REF may choose to perform and/or is required to perform by applicable legislation, any regulatory authority having jurisdiction and/or the Regulator, as the case may be.

24.6 Furthermore, BLOW THE REF is legally obliged to submit reports to the Financial Intelligence Centre (“FIC”) in the event of:

24.6.1 Suspicious or unusual transactions; and

24.6.2 Transactions entered into by persons suspected of intending to commit; or having committed any offence contemplated in the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004.

24.7 BLOW THE REF reserves the right to suspend any online account that has not complied with all of the FICA requirements.

24.8 BLOW THE REF may at any time request a user to produce a hard or soft copy his/her Identity Document or smart card, Passport and/or proof of residential address. The user hereby agrees to provide such documentation or smart card to BLOW THE REF if requested.

24.9 BLOW THE REF furthermore reserves the right to withhold the pay out of any winnings to a user, pending the user attending a ___________ meeting with a financial advisor of ____________ in order to ensure that the user is equipped with sufficient financial knowledge in order to manage his/her money accordingly.

25 GOVERNING LAW & JURISDICTION

25.1 These Terms and Conditions will be governed by and construed in accordance with the laws in force in the Republic of South Africa.

25.2 Nothing in these Terms and Conditions limits either party’s right to approach a competent Court, tribunal or forum of competent jurisdiction in respect of any dispute arising in connection with this Platform and which cannot be settled on the basis described in these Terms and Conditions.

26 INTERNATIONAL USE

The Platform has functionally worldwide, notwithstanding the aforementioned, we at no time make any representation, whether directly or indirectly, expressly or tacitly that any materials available on this Platform are appropriate for use outside of the Republic of South Africa. Any access to materials on the Platform, in any international regions where said access is illegal, is strictly prohibited. Those who choose to access this Platform from other locations do so on their own initiative and at their own risk and are responsible for compliance with the relevant local laws.

27 LEGAL COSTS

We will not be liable for costs incurred by users to obtain professional advice relating to these Terms and Conditions.

28 ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the proprietor of the Platform and a user of the Platform in relation to your use of this Platform, and supersede all prior agreements and understandings.

LAST UPDATED: 15 AUGUST 2023