1. GENERAL
1.1. The access and/or use of this mobile application, the CandyKash App (“CandyKash”), is subject to the Terms and Conditions of Use (the “Conditions” and/or “Terms”) set out below:
1.2. This agreement establishes the Terms that will govern the contractual relationship between
Novogames International Limited, a Limited Liability Company duly registered under the Companies Act, 2015 within the Republic of Kenya (“the Company”), as the sole operator of the mobile application known as CandyKash and you as a Registering/Participating Player with CandyKash.
1.3. It is important that you make yourself aware of these Terms as a participating player. Reference to “you”, “your”, the “player” is reference to any person using the mobile application, CandyKash, or its services and/ or any registered player of CandyKash. Reference to “CandyKash”, “the Company”, “us”, “our” “we” is reference to the Company and or its successors in title and assigns and, where the context so requires, its agents, service providers, data processors, business partners including any entity that the Company may provide technical services to enable it to operate its services and ancillary services or products.
1.4. These Terms shall apply to your download, access and/or use of CandyKash and its services (the “Services”) on any media/electronic platform such as your computer, on a mobile device, a laptop or on our website – novogames.candykash.com ( your “Device”).
1.5. If you do not agree to all or any of these Terms or any future updated version of them, you must not access and/or use CandyKash and where you have access or use of CandyKash, you must cease all access and/or use of CandyKash any further.
1.6. By downloading, installing, clicking “Accept” on the CandyKash’s dialogue box, accessing and/or using CandyKash, you confirm that:
1.6.1.You have read and understood these Terms together with any other documents referred to
herein;
1.6.2. YOU, HEREBY AFFIRM THAT, YOU ARE 18 YEARS OLD AND ABOVE and if you are the parent or guardian of a minor, being the age of 18 years and below, you are agreeing to these Terms on your behalf and on behalf of your minor(s) who you have authorized to use CandyKash in accordance with these Terms.
1.6.3.You irrevocably and unconditionally agree, confirm, undertake and accept these Terms in full.
1.7. The Company reserves the right to change these Terms and Conditions at any time and without prior notice to you by posting the revised Terms on CandyKash. We will endeavor to inform you about major modifications to the Terms. Nevertheless, it is your responsibility to regularly check for any changes. Your continued use of the Services after the Terms have been updated shall confirm your acceptance of the updated Terms. Where necessary and without limitation to this provision, we will require a positive action from you to accept the updated terms in order for you access and/or use the Services.
1.8. These Terms shall be accessible through the app store platform that you download CandyKash such as the Apple App Store, Google Play Store or on any website or platform where you can play CandyKash.
2. USE OF CandyKash AND ITS SERVICES
2.1. CandyKash is a game of chance that is conducted for entertainment and whose specific game rules, scoring rules, controls and guidelines can be found within CandyKash itself. You agree that you are subject to such rules and guidelines and you will comply with them in respect of the CandyKash games you choose to access and/or play.
2.2. You agree that you are responsible for the internet connection and/or mobile data charges that you may incur for accessing and/or using the Services. In case you are unsure of the mobile data used or the internet connectivity of your Device, you should inquire from your mobile operator or internet service provider respectively before accessing CandyKash and its Services.
2.3. You agree and understand that you have to be successfully registered with the Company as a CandyKash Account holder and have to deposit sufficient funds on your CandyKash Account to play a game on CandyKash. A player must place a stake of a certain amount (the “Stake Amount”) to play a game on CandyKash. The Company will select a player for you to play against based on your Stake Amount on CandyKash.
2.4. The players will play the CandyKash game by depositing funds into their virtual account and placing a stake to play against another player. The winning player will be awarded the original stake amount in addition to the losing player’s stake amount (the “Winning Stake”) less the 10% commission on the Winning Stake which is the revenue of the Company (“Winnings”). Winnings will be deposited immediately into your CandyKash Account after confirmation of your win on CandyKash.
2.5. The Company assumes no liability for the CandyKash game session you play against another player and you, as the player, are solely responsible for the results of the CandyKash game you participate in.
2.6. The minimum stake amount a player may place for a CandyKash game is Kshs. 50 and the maximum stake amount the player may place for a CandyKash game is Kshs. 20,000.
2.7. CandyKash may include items or services for use within CandyKash (“Virtual Items”) which are purchased with the funds from your CandyKash Account (defined in clause 3). A purchase is deemed to be complete at the time our serves validate your purchase, the payment processing partner has sent a confirmation message reflecting the transaction and the applicable Virtual Good is successfully credited to your account on our servers. You understand and agree that all sales by us to you of Virtual Items are final and we will not refund any transaction once it has been made.
2.8. The cost for any Virtual Item that you may purchase on CandyKash will be stated therein at the time you place the order, except in the case of obvious error. We accept payment only through Mobile Money enabled by our payment processing partners via MPESA. You shall incur additional transactional costs by use of MPESA and we will have no control over this and accept no liability in relation to the same. Our payment processing partners have their own terms and conditions and you should ensure you agree with these prior to making any payment.
2.9. If your transaction with our payment processing partners is not successful your purchase will be incomplete and you will need to contact Safaricom customer care. Once the completion of a successful payment transaction is made, your purchase will be complete and we will endeavor to fulfill your order immediately at the point of purchase.
2.10. You agree that Virtual Items are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Items to any other player using CandyKash.
2.11.We reserve the right to control, regulate, change or remove Virtual Items without any liability to you at any time. We may revise the pricing of Virtual Items at any time. Your purchase of the Virtual Items does not give you any ownership rights over them instead your purchase is a limited personal revocable license to use the Virtual Items while playing CandyKash.
2.12.The prices for all Virtual Items exclude all applicable taxes and telecommunication charges, unless otherwise indicated. As permitted by the applicable law, you agree to pay any such applicable taxes and telecommunication charges.
2.13.The data associated with the Virtual Items you purchase using your funds in your CandyKash Account is synched between different Devices only if you have connected CandyKash to a CandyKash Account in such Device. Consequently, any risk or loss of this data is transferred to you upon completion of purchase of the Virtual Items as provided in Clause 2.3 and/or at the time the Virtual Item is credited or awarded to you.
2.14.We may limit the total amount of Virtual Items that may be purchased at any one time and/or limit the total amount of Virtual items that may be held in your CandyKash Account in the aggregate. You are allowed to obtain Virtual Items only from us or our authorized partners through the use of the Services and not in any other way.
3. RULES OF REGISTERING A CandyKash ACCOUNT
3.1. Personal Registration of the CandyKash Account
3.1.1.You must be of legal age, 18 years and above, to personally create an account for use and/or access to the Services (the “CandyKash Account”). You must create only one CandyKash Account via any media/electronic platforms including but not limited to mobile devices, computers and laptops. We reserve the right to close any accounts registered by the same player with more than one CandyKash Account. You are required to accept these Terms when registering for the CandyKash Account and you are bound by these Terms throughout the existence of the relationship.
3.1.2.In these Terms, reference to the CandyKash Account includes your login details and account for any social network or platform that you may allow CandyKash and its Services to interact with.
3.1.3.You agree to provide all such information as we require in connection with any verification checks failure to which your account shall be suspended and/or restricted until such time as relevant checks are completed to our satisfaction.
3.1.4.You must submit the true, accurate and complete information during your registration on CandyKash and agree to update this information should there be any changes to your registration data.
3.1.5.CandyKash reserves the right to decline your registration/ participation without being bound to provide any reasons whatsoever at any time
3.1.6. You agree and understand that the CandyKash Account will be logged out in case of inactivity or when you are not using or trying to access the CandyKash Account. Further you understand that you will be required to log into your CandyKash Account any time that you use and/or access the Services.
3.2. Third-Party registration.
3.2.1.The Company will not accept any liability from any third party, acting on your behalf, in the case they provide incorrect or false data when registering your CandyKash Account.
3.2.2.If you nominate a third party as an authorized user of your CandyKash Account, you shall be responsible for all transactions such person makes using the relevant CandyKash Account details. However, the Company will not be responsible for any loss or damage that you may suffer as a result of transactions made by a third party authorized to use your account.
3.3. Security of your CandyKash Account
3.3.1.Upon creation of your CandyKash Account, you agree that you will take all reasonable and necessary steps to protect your login details and keep them secret at all times.
3.3.2.You must contact us immediately by emailing support@novogames.co if you lose your account details or suspect that your login information is no longer secure.
3.3.3.If at any time your CandyKash Account is accessed and used by a third party without your consent, the Company is not liable for any consequences that may occur.
3.4. Suspension and Closure of your CandyKash Account
3.4.1.The Company reserves the right to terminate this relationship with you at any time and suspend and/or close your CandyKash Account at its own discretion. Without limiting this clause, the Company may suspend and/or close your CandyKash Account if:
3.4.1.1. It discovers that you, intentionally, violated Clause 3.1 above, the Company shall suspend your CandyKash Account;
3.4.1.2. You registered multiple CandyKash Accounts deliberately with misleading information and having displayed criminal behavior or if the Company concludes that you have fraudulent intentions, the Company shall be entitled to close the CandyKash Account, confiscate all funds including the initial deposit and report the activity to the appropriate authorities;
3.4.1.3. It discovers a minor, below the age of 18 years, is a holder of a CandyKash Account, such account shall immediately be closed and all funds deposited to the CandyKash Account will be refunded;
3.4.1.4. You are adjudged bankrupt by a court of competent jurisdiction or an insolvency practitioner is appointed (whether as trustee or otherwise) in relation to your affairs pursuant to, or in accordance with, the insolvency laws;
3.4.1.5. The Company considers that you have used the Services in a fraudulent manner or for illegal and/or unlawful or improper purposes;
3.4.1.6. The Company considers that you have used the Services in an unfair manner or have deliberately cheated or taken unfair advantage of the Company or any of its players;
3.4.1.7. The Company is requested to do so by the police, any regulatory authorities or court of competent jurisdiction; or
3.4.1.8. The Company considers that any of the events referred to in 3.5.1.1 to 3.5.1.8 above may have occurred or are likely to occur.
3.4.2. The player is required to contact us by emailing support@novogames.co after their CandyKash Account is suspended or closed.
3.4.3. If the Company closes or suspends your CandyKash Account on any basis or for any of the reasons above, you shall be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by the Company (together “Claims“) arising from your actions and shall indemnify and hold the Company harmless on demand for such Claims. The Company shall also be entitled to withhold and/or retain any and all amounts which would otherwise have been paid or are payable to you (including any winnings payments) pending the investigation of your actions by the relevant authority.
3.4.4.In addition, the Company shall be entitled to withhold and/or retain any and all amounts earned or received by you as a result of or in connection with your “unauthorized” use of the Services including activities which are not for an authorized purpose. In such an event you may no longer be able to access and/or use your funds on your CandyKash Account and/or Virtual Items associated with that CandyKash Account.
3.4.5. Where it is proved that these Terms have not been breached, any funds available in the CandyKash Account will be returned to the player should the relationship be terminated by the Company. At all times, any funds deposited by a player, do not accrue any interest and payment of any such refunds shall not incorporate any interest calculations.
3.5. Cancellation of your CandyKash Account
3.5.1.Your CandyKash Account will be canceled and closed in the following circumstances:
3.5.1.1. Upon your request, due to any possible changes, if you do not wish to continue using the Services, you can withdraw uncommitted funds from your CandyKash Account without penalty and close the account by sending an email to: support@novogamse.co to that effect. A response will be sent to you within 48 hours confirming receipt of your decision to cancel your CandyKash Account and discontinue your engagement with the Company. Failure by you to receive a message for any reason whatsoever shall not be taken to mean that the Company has any continued obligation towards you from the date of your withdrawal.
3.6. You understand that if you cancel your CandyKash Account, or if we close and/or cancel your CandyKash Account in accordance with these Terms, you may lose access to any data previously associated with your CandyKash Account (including but not limited to the Virtual Items such as boosters, trophies associated with your CandyKash Account). We have no obligation to reinstate your CandyKash Account or be liable for any loss of data if you cancel your CandyKash Account, or if we close and/or cancel your CandyKash Account in accordance with these Terms.
3.7. Your CandyKash Account is personal to you and you are not entitled to transfer your CandyKash Account to any other person.
4. CONDUCT OF PLAYERS
4.1. You may send, upload, communicate, transmit or otherwise make available information, data, sound, messages, photographs, user names, or other materials on CandyKash (“Content”) to another player or to us. You agree that all Content you may send or is sent to you when using CandyKash, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. Accordingly, you are responsible for all Content that you may upload, communicate, transmit or otherwise make available through CandyKash.
4.2. It is important to note that you will be obligated to ensure that any information you provide to us for the use and/or access to CandyKash and its services is true, correct and complete at all times.
4.3. You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use CandyKash in any way that:
4.3.1. Is reasonably harmful, unlawful, harassing, grooming, defamatory, libelous, obscene or otherwise objectionable;
4.3.2.Is reasonably toxic, abusive behavior, or behavior that is intended to unreasonably undermine or disrupt the CandyKash experience of others or affect other players;
4.3.3.Is reasonably invasive of another player’s privacy or violates any privacy rights;
4.3.4.Is reasonably likely to incite violence, terrorist activities or racial or ethnic hatred;
4.3.5.Is confidential and you do not have a right to make available lawfully;
4.3.6.Infringes any intellectual property rights or other proprietary right of others;
4.3.7.Consists of any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
4.3.8.Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit functionality of any computer software or hardware or telecommunications equipment.
4.4. You agree that you will not:
4.4.1. act in the interests of any third party;
4.4.2.utilize money obtained from ill-gotten means when using the Services;
4.4.3.credit CandyKash Accounts with any unauthorised mobile number registered with MPESA where you are not authorized to use;
4.4.4.try to hack the Company’s Mobile service, Website and all other media/electronic platforms, or to alter its code in any way in an attempt to cheat, override or manipulate the system or in any way commit fraud or any other crime;
4.4.5.adopt any criminal behavior against the Company, its affiliates, agents, service providers, its customers or any third party;
4.4.6.mislead the Company by intentionally providing false information which may be in the form of but not limited to invalid account details, forged documentation, concealing one’s identity, untruthful behavior or hiding one’s true location and/or age.
4.5. In the event that you breach provision provided in clause 4.3 and 4.4, the Company reserves the right to close your CandyKash Account and seize any available funds. In any such suspected circumstance, the Company may report the activity to the appropriate authorities and the player may suffer the consequences thereto.
4.6. If you are concerned that another player is not complying with any part of the Terms, please contact us by emailing support@novogames.co
4.7. We have the right to remove uploaded Content from CandyKash if we decide in our sole discretion that it results in or from a breach of any part of these Terms, or that it may bring us or CandyKash into disrepute.
4.8. You are responsible for your interactions with other players using and/or accessing CandyKash and you agree that you will not hold the Company liable for any loss or damage arising from the Content (yours or another player’s) including but not limited to any defamation, harassment, or false endorsement claims.
4.9. CandyKash allows you to play against an opponent or play socially with other users by selecting for you the player to play against.
4.10. Where CandyKash selects another player or opponent for you, or groups you with other players for a game mode, we select the opponent based on a criteria (such as the player’s stake amount, the number of trophies of such player ) that we see fit in order to make these selections.
4.11.By accessing and/or playing games on CandyKash you agree that your display name, scores, avatar, location, online/offline status and other related details may be used and displayed in any and all media, for any purpose, in perpetuity without any payment to you, including to other players on CandyKash or within our marketing. You understand that other players may find you by searching for you with your username only if another player knowns such details to search for you.
4.12. CandyKash will include functionality that allows you to participate in communicating with other players by sending suggested messages on CandyKash to other players after each game or in group games. You may be able to participate in sending messages to other players, the Company’s customer care service or publicly on our forums.
5. DEPOSITS, SETTLEMENT OF WINS AND WITHDRAWALS,
5.1. All information required to deposit funds into your CandyKash Account or withdraw funds from your CandyKash Account can be found on your Candy Cash Account. You can use the method provided as specified in the CandyKash Account.
5.2. The Company will take reasonable steps to avoid mistake with respect of your deposit and/or withdrawal of funds from your CandyKash Account. However, the Company will not accept any responsibility or liability for any errors or omissions in respect of your deposit or withdrawal of funds from your CandyKash Account. In such an event, it is your responsibility to notify the Company by emailing support@novogames.co without any delay for rectification of such error.
5.3. Deposits will be made through a registered mobile phone number only when the mobile phone number of the player is identical to the mobile phone number registered on the Company CandyKash Account receiving the funds. Any charges levied by the MPESA will be deducted from your CandyKash Account.
5.4. You may only stake in a game of CandyKash if you have sufficient funds in your CandyKash Account. Winnings will be deposited into your CandyKash Account after confirmation of your win on CandyKash.
5.5. If you log in to your CandyKash Account you can, at any time, access and view a statement showing all transactions made within the 180 calendar days.
5.6. For you to withdraw your funds from the CandyKash Account you will be required to make a request on the CandyKash Account, thereafter, your withdrawl will be approved within 24 hours
5.7. Unless otherwise agreed by the Company and the player, all valid withdrawals will be processed to the payment account from which the deposits were validly made. Withdrawal payments can only be made in the name of and to the registered CandyKash Account holder. The Company reserves the right to limit the maximum withdrawals and deposits you may make per day. You also understand that your withdrawal requests must not exceed your particular mobile operator limits.
5.8. If we incur any charge-backs, reversals or other charges in respect of your CandyKash Account, we reserve the right to charge you for the relevant amounts incurred. The Company may, at any time, set off any positive balance on your account against any amounts owed by you to the Company.
5.9. The Company reserves the right to take reasonable and necessary steps for the purpose of:
5.9.1. Verification of your identity;
5.9.2.Verification of your activity on CandyKash;
5.9.3.Investigation of your CandyKash Account as a security measure or internal procedure; and
5.9.4.Ensure the winnings are deposited to the registered player.
6. INTELLECTUAL PROPERTY
6.1. You acknowledge and agree that all copyright, trademarks, and other intellectual property rights in and relating to the Services (other than Content contributed and owned by players) is owned by or licensed to us.
6.2. While you are in compliance with these Terms, we grant you a non-exclusive, non-transferable, personal revocable limited license to access and/or use the Services (but not any related object or source code) for your own personal use, in each case provided that such use is in accordance with these Terms. You agree not to use the Services for anything else. These Terms apply to any update or patched which we may release or make available for use of the Services. You must not copy, distribute, make available to the public or create any derivative work from the Service in part or wholly unless we have agreed to this in writing. You must also not make use or available any cheats or technological measures designed to control access to, or elements of, the Services including access to any Virtual Items, whether on a free of charge basis or otherwise.
6.3. By submitting Content on CandyKash, you agree and confirm that you are entitled to do so and represent and warrant to us that
6.3.1.You are fully able to grant the licenses;
6.3.2.The Content does not infringe upon the copyright, trademark, patent, trade secret or other rights of any third party; and;
6.3.3.You grant us perpetual, worldwide, fully paid up, non-exclusive, sub-licensable, royalty free, right and license to exploit the Content and all elements thereof in any and all media, formats and forms, known now or hereafter devised.
6.4. You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other player of CandyKash. If such an event occurs, please contact us by emailing support@novogames.co
7. LIMITATION OF LIABILITY
7.1. We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the use of for the Services for any particular length of time. We may change and update the Services without notice to you. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice.
7.2. Save for any contrary provisions of these Terms, the Services are offered “as is” and we do not warrant that the Services:
7.2.1.will be uninterrupted or error-free,
7.2.2.that defects will be corrected,
7.2.3.that it will be free of viruses or other harmful components; or
7.2.4.that its content will be accurate.
7.3. We disclaim all warranties, express or implied including but not limiting the implied warranties of merchantability or fitness for any particular purpose or use and infringement.
7.4. In accordance with the law, neither the Company nor its affiliates will be liable in any way for damage or loss of any kind resulting from possession, use, or malfunction of the Services (however caused and regardless of the liability in Contract, Tort or Otherwise) including damages to property, computer failure, malfunction and where applicable in law, damages for personal injuries, even if we have been advised of the possibility if these damages.
7.5. You agree to indemnify and hold harmless the Company, its directors, officers, employees, parent, subsidiaries, affiliates, agents, contractors and licensors harmless with respect to any claims or demand including legal fees, arising out of your breach or alleged breach of these Terms. You agree that you shall not sue the Company, its directors, officers, employees, parent, subsidiaries, affiliates, agents, contractors and licensors as a result of its decision to remove or deny access to the Services, to suspend and or terminate your access to the Services, to take any other action during the investigation of a suspected violation or as a result of the Company’s conclusion that a violation of these Terms has occurred.
8. DATA PROTECTION AND PRIVACY
8.1. The Company shall hold and process your personal data in accordance with the Data Protection Act, 2019 and the Privacy Policy.
9. ANTI-MONEY LAUNDERING
9.1. The Company shall not be used to carry out any illegal activities by any players and players shall adhere to the strictest discipline in their dealings with the Company and shall ensure the
Company adheres to the provisions of The Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009 and as amended from time to time and all other enabling laws and conventions.
9.2. The Company will subject all transactions to serious scrutiny to prevent money laundering and other illegal activities.
9.3. If you become aware of any suspicious activity relating to players, officials or of any incorrectness or malfunctioning of the Services, you must report such activity or inactivity to the Company immediately by emailing support@novogames.co.
9.4. Suspicious transactions will be reported to the relevant authorities and where the Company suffers pecuniary loss or injury to its person or reputation, all legal means will be employed to restore such injuries at the risk of the suspected player.
10. COMPLAINTS, DISPUTES, GOVERNING LAW AND JURISDICTION
10.1. All complaints should be emailed to support@novogames.co and the Company shall endeavor to resolve all complaints within a reasonable timeframe. Any questions with respect to the Services may be directed to this email support@novogames.co for further assistance.
10.2. These Terms shall be governed by Kenyan law and you hereby irrevocably consent to the exclusive jurisdiction and venue of Courts in Kenya.
10.3. Any disputes arising out of and relating to these Terms, shall be referred to a Court of competent jurisdiction within the Republic of Kenya.
11. MISCELLANEOUS
11.1.These Terms, all terms incorporate into these Terms and any other terms as agreed between you and the Company together constitutes the entire agreement between you and us concerning the use of the Services and they supersede, replace and extinguish all earlier agreements and understandings between you and us..
11.2.A waiver of any right or remedy under these Terms or by law is only effective if given in writing either by you or us and shall not be deemed a waiver of any subsequent right or remedy.
11.3.Nothing in these Terms shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the you and us and no neither you nor us shall have authority to bind another in any way unless expressly provided otherwise in these Terms.
11.4.The Company shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations if such delay or failure results from events, circumstances or causes beyond its reasonable control including (without limitation) any telecommunications network failures, power failures, failures in third party computer hardware or software, fire, lightning, explosion, flood, severe weather, industrial disputes or lock-outs, terrorist activity, national, regional or global pandemic and acts of government or other competent authorities. In such circumstances the time for performance shall, to the extent practicable, be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed
11.5.Where a player wins, and is pronounced dead before claiming the winnings, the dependents or family of the said player can only claim the amount with the appropriate court orders i.e. Confirmation of Grant.
11.6.The Company may assign, transfer, charge, sub-license or deal in any other manner with these Terms, or sub-contract any of its rights and obligations under these Terms, to any party including any company within the Company group.
11.7.If any provision or part-provision of these Terms are considered to be invalid, illegal or unenforceable under any applicable laws or by an applicable court, that part will be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of the Terms will remain valid and enforceable.