General Terms & Conditions

Terms and Conditions – Games and Betting S.A.S. 

PURPOSE AND CONTRACTING PARTIES

The Terms and Conditions (the Agreement) established in this document are intended to inform the user of the service offered by Games and Betting S.A.S. (hereinunder yajuego ) on www.yajuego.co online platform (hereinafter the yajuego Platform) and about the conditions defined by this Agreement to enable the USER as defined below to use the services on yajuego Platform responsibly and to inform the USER about the applicable legal framework of the competent jurisdiction; also to ensure compliance with the regulations, standards and technical regulations issued by all regulatory bodies  for:

• Games of chance in the form of novelty games operated through the yajuego Platform;
• The protection of personal data, its collection, storage and processing as stipulated under the yajuego Privacy Policy;
• To ensure the transparency and compliance of gaming transactions related to the purchase of balances, claims of prizes and placing of bets on sporting events scheduled on the website, according to the system of the public monopoly of games of chance in Colombia, regulated by Coljuegos.

yajuego is incorporated and registered in the Republic of Colombia, with its registered office at 106 No 23-61 Piso 4, Bogota D.C., Colombia  and NIT 901.153.940-3, with the authorisation granted by Coljuegos, concession number 1662 (hereinafter “yajuego ”, “we”, “us” or “our”)  and  this Agreement binds the user of yajuego Platform (hereinunder USER) to yajuego in all aspects of use of the yajuego Platform, the account and the gaming and gambling products and services operated by yajuego on the Site that are related to the wager and the payment of online prizes on actual sporting events, non-real sporting events and other internet games offered by yajuego offered according to the regulations on games operated on internet in force in Colombia and as certified by the third parties approved by Coljuegos according to the relevant regulations (the SERVICES).

By accessing the yajuego Platform the USER confirms that the USER read and accepts this Agreement as set out below. The SERVICES are offered as specified in this Agreement and in accordance with the specific regulations governing the operation of online games, issued by the competent authorities. yajuego does not ensure the availability of information for use in other places or geographies, and access to them from territories where their content is not legal or is prohibited. Anyone who decides to access this website from other places does so at their own initiative and they will be responsible for compliance with the corresponding laws.

This Agreement is issued in electronic form and yajuego will issue forms and notices as well as changes to this Agreement in electronic form which will be valid, binding and enforceable as if the Agreement, forms and notices were issued in writing.

This Agreement is available on yajuego Platform at all times. The viewing of the general content of the yajuego Platform is free and does not require a registration of an account. Any charges associated with the costs of telecommunication or connectivity services shall be  USER’s responsibility at all times.

For the purposes of this Agreement the account means a virtual account registered   by the USER on the yajuego Platform. The account does not constitute deposit, current or savings account or any other financial product. The account solely shows the values or sums of money collected by yajuego and that is available to the User to use the SERVICES or to withdraw, according to this Agreement. To be able to use the SERVICES, registration of an account by the user will be necessary, in accordance with the requirements of Agreement 04 of 2016 issued by Coljuegos, through the entry of reliable personal data and the definition of a password, and through the completion of the form provided on yajuego Platform. The registered data is  subject to the Privacy Policy operated by yajuego in compliance with the Law 1581 of 2012 and regulations that regulate, modify or replace it. The USER will be responsible for updating their data, information and necessary documentation every time these are modified or as requested by yajuego . Therefore, the USER is responsible in all circumstances for the accuracy, authenticity and validity of the data, information and documentation provided. yajuego has the right to validate the identification of the registered USER through the mechanisms that are implemented for this purpose, and in case of finding any anomaly and irregularity between the registered user and the data entered in the registration process, it may suspend or reject the registration. The USER can choose and change the password for his / her account administration access at any time.

If the USER does not agree to these Terms and Conditions, the USER may not register an account and cannot access the SERVICES.

ACCOUNT REGISTRATION AND DATA VERIFICATION  

yajuego’s fulfilment of Agreement 04 of 24 May 2016, through which the rules of games of chance in the form of novelty games operated online are approved, prohibits the participation of the individuals described below:

1. a) Minors: it is the duty of yajuego to verify the age of the USER and to establish the necessary restrictions to prevent bets from being placed by those are not of legal age.
2. b) Persons suffering from judicially declared mental illnesses.
3. c) Personnel linked to the operator: yajuego prohibits the use of the platform by workers who intervene in or may influence the development of the gaming activity defined by the operator.
4. d) Players that are self-excluded in accordance with the requests submitted to yajuego. yajuego makes the self-exclusion process available to players, through which the USER can request the exclusion from participation in a certain type of games and/or sports betting for a period established by the player. For control purposes, yajuego shall keep a self-exclusion record according to the requests that are presented by the USERS.

By registering an account the USER represents and warrants that the USER is legal age, not declared as a person suffering from mental illness, not an employee of yajuego and has not been self excluded. The USER further represents and warrants that he/she will not register or use the account on someone’s behalf.  Only one account is permitted to be held by one USER.

The USER must update registration information promptly upon any changes of the data provided at registration and when requested by yajuego to ensure it is complete and accurate at all times.

yajuego reserves the right to refuse the registration or use of SERVICES for any reason.

The USER must maintain the secrecy of the email, password and any security question set up for the account. All transactions made with the USER’S registered username and password will be deemed as valid.  yajuego will not be liable for any claims in the event that USER discloses account number, username and/or password to anyone. The USER undertakes to notify yajuego , in a timely, appropriate, efficient and effective manner, of any unauthorised use of their account. Under no circumstance may the USER assign, sell, transfer or pass on their account for any reason. yajuego provides detailed information how to change the password and other details about account security in Help pages.

yajuego is required to perform checks as may be necessary for regulatory, security or other business reasons.  For this reason yajuego may require the USER to provide additional information such as a copy of identity document or where necessary, a certified (notarized) copy of identity document, payment method ownership confirmation, certification costs to be  paid by the USER.  If the USER provides false documents or information, is unable to confirm he/she is of legal age, provided false information about the mental capacity or any other false information to obtain registration of the account, yajuego has the right to terminate access to the account or to close the account without the right for its reinstatement or the right to the money held in it, and to initiate a disclosure of the same to the authorities as may be permitted or required under the applicable laws.

yajuego may deny the use of the SERVICES due to the verification of any of the conducts established in Article eight of Resolution No. 20161200032334, through which the requirements for the Adoption and Implementation of the System for the Prevention and Control of Money Laundering and Terrorism Financing – SIPLAFT during the registration process are established. The adopted policies must allow for an efficient and timely operation for their verification and fulfilment. The USER agrees to the verification process through the restrictive lists in order to verify that they do not present suspicious activities, investigations, trials or convictions for the offences of Money Laundering and Terrorism Financing.

It is of the utmost importance that persons who prove the title of PEP’s (Politically Exposed Persons), as stipulated in Article 2.1.4.2.3 of decree 1674 of 2016, represent and warrant under oath that the funds from the resources to be used in the bets placed on our platform do not correspond to capital of public assets.

USE OF SERVICES AND ACCOUNT FUNCTIONALITY

In accordance with Article 38 of Law 643 of 2001, amended by Article 93 of Law 1753 of 2015, games operated online are deemed to be those in which bets are placed and the payment of prizes is made by means that do not require the presence of the player. To be able to access the services, the player must register through the operator’s platform, which allows them to place bets from any computer with internet access. This is done by purchasing a balance with which they can place the bets through the portal, once the entry and user registration requirements have been met and it has been carried out successfully.

The yajuego Platform allows the USER to place bets from any internet enabled device, by purchasing a balance to place bets through the account, once the USER registration has been completed successfully.  The registered account permits access to the information held in account about the USER, historical gaming activity, USER’s transactions, allows depositing credits to use the SERVICES, to receive the winnings and to withdraw the funds that are available for withdrawal.  All transactions carried out through yajuego Platform are subject to a confirmation and verification process, validation of the means of payment and generation of a payment voucher where applicable, and compliance with the conditions required by the means of payment selected.  yajuego reserves the right to refuse any transaction if the USER is in breach of this Agreement. yajuego may also cancel, suspend or amend the transaction in the event of circumstances that give raise to the need to verify USER’s identity, in the event of fraudulent activity or error as specified below.

The USER may need to have certain functionality of the equipment to use the SERVICES. Such functionality is provided by third party not connected or associated with yajuego and it is USER’s sole responsibility to procure such functionality or equipment.

yajuego will not be liable for any hardware or software failures of any kind or lost or unavailable network conditions which may limit or prohibit USER’s ability to use the yajuego Platform, the account, to place or complete the bet or any of the SERVICES. yajuego (and its agents, employees, officers, directors and sub-contractors) shall not be liable for any damage, loss or injury resulting from making a bet, using the yajuego Platform, the SERVICES, failure to win, acceptance or use of any prize money.

Account Deposits

yajuego does not issue any form of credit. The USER is not required to maintain any balance in the account but to use the SERVICES, other than those that are distinctly defined or marked as “demo mode”, the USER must deposit money into their account from the means of payment that are available on yajuego Platform. The USER warrants that he/she shall not use the payment methods that belong to any third party. yajuego reserves the right to investigate the legitimacy of any transaction to its satisfaction, which may include  requesting from the USER  additional documents.

yajuego operates minimum deposit requirement. The deposits help page gives information about the minimum deposit limit, ways to make the deposits and available means of payment. yajuego has the right to change the deposit limits, add or remove any of the means of payment at any time as permitted in accordance with the regulations that apply to the offering of the games of luck and chance online.  The account is not a deposit holding facility and is created by the USER with the intention of utilizing the SERVICES.  yajuego shall withhold 10% (ten percent) of the total amount that is requested by the USER for withdrawal from any un-staked deposits (such credits for participation that have not been used to place bets or stakes).   Any deposits that are subject to the bonus promotion offer which the USER activates for their account will be regulated by the bonus promotion rules and may not be available for withdrawal. yajuego reserves the right to make bonus promotion available on yajuego Platform at any time together with the rules applicable to the respective active bonus promotion.

Every USER will be required to set a deposit limit for the account at the time of account registration and can decrease this limit any time.  Any deposit limit set can be increased upon expiry of 72 hours after yajuego receives a USER request for the increase and then additional confirmation from the USER confirming the increase. More information in yajuego Responsible Gaming page.

Only payment cards and bank accounts issued or operated by the Colombian banks are accepted on yajuego Platform. yajuego does not apply any charges for deposits and the USER is solely responsible for any charges of the payment provider. yajuego shall be responsible for recording and storing USERS’ financial information in its database according to the conditions established in the Technical Requirements issued by Coljuegos and in accordance with the Data Form regulations. 

Account Withdrawals

 The USER may request a withdrawal of money at any time provided that the function to withdraw is active in the account and the balance for withdrawal is available in the account.  Any balance generated by the USER as a result of bonus activity will be shown in the account as a separate bonus balance and will be subject to the rules for the then active bonus promotion and the respective roll over and withdrawal requirements. yajuego operates the withdrawal limits depending on the means of payment which can be changed at any time. Information about the withdrawal limits can be found in the Help Pages. No transfers from an account to another account are permitted.

All correctly requested withdrawals will be processed by yajuego within 72 hours provided there are no legitimate reasons to delay the authorisation of the withdrawal. yajuego does not apply any charges for withdrawals (other than for un-staked deposit withdrawals) and the USER is solely responsible for any charges of the payment provider for the associated withdrawal. yajuego does not guarantee that the withdrawal shall be credited to the chosen means of payment and may be required to pay the withdrawal to a different payment method to comply with law or its agreement with the payment provider. All authorised withdrawals by yajuego are subject to terms and conditions of the payment services provider that provides the means of payment.

yajuego has the right to apply and to make any withholdings of the taxes that apply to the SERVICES in accordance with the Colombian tax regulations. In the event any withdrawal is subject to income tax that applies to the USER and which yajuego has to pay on USER’s behalf according to the law, yajuego will notify the USER accordingly. In such case, yajuego will withhold the amount of the tax from the amount requested for withdrawal and withdrawal will be paid after such deductions. USER will indemnify yajuego from and against any claim, costs, actions, suits or demands and any related losses, damages, liabilities, judgements, penalties and expenses arising out of any claim, action, investigation related to the collection and/or payment of such applicable taxes.

Placing Bets

The USER may set betting limits at any time through the account with the option to decrease the betting limit at any time. For more information about betting limits and how to place the bets visit yajuego Help Pages.  yajuego will accept bets only made via the account.

It is USER’s sole responsibility to familiarize themselves with the general rules for the games and sporting events and with the rules for each game or the type of sport. These are available on yajuego Platform at all times. These rules include the explanation of the terminology used. yajuego reserves the right to remove any games and/or any sport that is made available on yajuego Platform at any time.

yajuego reserves the right to accept, limit or reject any bet before confirming it. The record of the USER’s betting activity is available in their account.

It may happen that the bet is accepted or a payment is made in error. This may be as a result of for example and without limitation: mistake, as a result of activity determined as fraudulent or illegal, if yajuego accepted the bet against the games or sports rules, hardware/software malfunction, if yajuego made an entry error of the amount of the winnings paid to the USER (manual or computer error). yajuego reserves the right to void any winnings that were obtained as a result of error. If the error resulted from fraudulent or illegal conduct, yajuego may take such actions as may be permitted under this Agreement or by law. The USER must notify yajuego if any error is identified by the USER. yajuego has the right to suspend and/or close the account of any USER who is found to have abused the error or malfunction and have any deposits and/or winnings forfeited. yajuego reserves the right to correct any error made in  relation to the bet and re-settle the same at the correct price or according to the individual game or sports rules or if it not practicable to correct and resettle, to declare the bet void and return the original  stake to the account. yajuego can deduct the overpaid amount from the balance available in the account. yajuego (and its agents, employees, officers, directors and sub-contractors) will not be liable for any damage, loss or injury, including loss of winnings that result from the error.  The USER must notify yajuego if any error is identified by the USER.

By accessing the SERVICES and the account, the USER will not do anything to corrupt the yajuego Platform, attempt to gain unauthorised access to the account, knowingly or negligently use any features that may affect the yajuego Platform  functionality in any way such a releasing viruses, trojans or similar materials, attempt to remove or alter any content form the yajuego Platform, or other technologically harmful materials.

Account Status 

yajuego may restrict transactions to or from the account  or restrict access the account  to the extend determined by yajuego to complete any pending investigation, if it is subject to financial risk (including, without limitation, pending chargebacks on the account), if the USER has violated any terms of this Agreement , if yajuego needs to protect security of its system, to resolve a pending dispute or as required by law or court order of if otherwise requested by law enforcement of any governmental authority.  Such account will be temporarily suspended.  yajuego will, at its sole discretion or as required by law, take such action as may be necessary to comply with the relevant law and to exercise its rights under this Agreement.

If the account is inactive (including without limitation if the account has not been accessed) for a continued period of 6 (six) months, yajuego will notify the USER and the account will be temporarily suspended.   If the account remains inactive for 11 (eleven) months after such notification, yajuego will send a 30 (thirty) days prior notice to the USER with an option of keeping the account active or closing the account. If the USER does not respond to such notice and does not withdraw the balance, yajuego will close the account and hold any remaining balance according to the law.

Without prejudice to any provisions of this Agreement, yajuego can close the account at any time due to termination of this Agreement by yajuego and/or regulatory reasons. In such circumstances any outstanding bets that are valid will not be affected, provided yajuego is not closing the account for the USER’s fraudulent activity or breach of this Agreement. The USER will not be entitled to receive any provisional winnings after the closure.

The USER may request to close the account by contacting yajuego customer services any time provided there are no open bets under the account. If then the account balance is less than the minimum withdrawal limit, only cash withdrawal option will be available. The USER who requested the closure of the account according to this paragraph may be able to reactivate the account (with the same account details and subject to accepting then applicable terms and conditions of service) after the expiry of 6 (six) months after its closure by contacting yajuego customer services team.

DATA PROTECTION

yajuego takes seriously its obligations to comply with the Colombian data protection requirements and uses USERS’ personal information strictly according to the law. yajuego is responsible for the handling and processing of personal data entered by the USER and ensures that the personal information it receives is processed with the necessary security. Its processing shall comply with the yajuego Privacy Policy and with the provisions of Law 1581 of 2012 and other standards that complement, amend or replace it. USER’s acceptance of the Privacy Policy will be part of the account registration process. yajuego will keep the date and time of such acceptance. yajuego will notify the USERS of any changes of the Privacy Policy according to the law.

GENERAL PROVISIONS

The yajuego Platform and the SERVICES are provided on “as is” basis. To the fullest extent permitted by applicable law, yajuego disclaims and makes no representations and warranties of any kind, regarding the yajuego Platform, the SERVICES or any offering on the yajuego Platform including any warranty of fitness for particular purpose, that the SERVICES will meet USER’s requirements, will always be available, accessible, uninterrupted, secure, operated without error, or will contain any particular features or functionality. yajuego may, according to the applicable law, change or remove any product or service available on the yajuego Platform for any reason at any time. It may be necessary to restrict access to the yajuego Platform or parts of it for maintenance and/or to carry out the alterations or amendments.

yajuego and its affiliated companies (and the respective employees, directors, agents, contractors and representatives) will not be liable for any loss of profits and any indirect, incidental or consequential damages arising out of or in connection with this Agreement, the yajuego Platform, the SERVICES and the account. In no event yajuego aggregate liability arising out of or in connection with this Agreement or the yajuego Platform or the Services or the account shall exceed the amount of balance of the account on the date the event giving rise to the claim for liability happens. In no event yajuego shall be liable for performing this Agreement in the events of force majore and its performance will be deemed suspended for the duration of such events.

In no event will yajuego have any liability whatsoever to any third party for any of USER’s activity under the account, the use of the yajuego Platform and/or the Services Games.

yajuego may modify the terms of this Agreement at any time in compliance with the applicable laws. All such changes will be posted on the www.yajuego.co. If the USER does not agree with  such change they may terminate this Agreement by sending notice of termination to customer services. Termination of this Agreement by the USER shall be treated as a request to close the account.

If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining  portions of this Agreement will remain in full force and effect.

The yajuego Platform and all and any functionality of the same (including design, graphics, trade marks, videos, software and any material forming part of yajuego Platform) are subject to proprietary rights which are either owned by yajuego or used under the licence from the third parties that are the owners of such rights.  Where any part of the materials can be downloaded, such materials may be downloaded solely for USER’s personal, non-commercial use. yajuego does not grant any intellectual property right to any USER or third party other than for the personal use of the Services by the USERS according to this Agreement.

 APPLICABLE LAW AND COMPETENT JURISDICTION

 This Agreement is governed by Colombian laws. yajuego operates games of chance in the form of novelty games operated online through the www.yajuego.co portal to national users or foreign residents legally residing in the Republic of Colombia. yajuego offer of services or products is directed solely to customers who are not prohibited from playing games and gambling online, in accordance with the existing legislation in their jurisdiction. With this understanding, before accepting this Agreement, the USER declares that they comply with all the regulations and laws that apply to them.

In case of doubts regarding the lawfulness in accordance with the applicable laws in their jurisdiction, the USER may obtain prior legal advice at their own cost. This Agreement and all the content of the yajuego Platform are provided in Spanish language only which will be the governing language for all purposes.

In the event of any complaints about any aspect of yajuego activity, please contact our customer services.

Law 643 of 2001: By which the own regime of the rent monopoly of games of luck and chance is fixed.

Article 38 of Law 643 of 2001 modified by article 93 of law 1753 of 2015: Defines novel games. Establishes the game that operates on the Internet: “It is understood that the game operates online when the bet and payment of prizes, are made only by this means, after registration of the player on the authorized site or portal and whose mechanics are supported by a generator of virtual random number or in the occurrence of real events whose results are not controlled.

Agreement Number 04 of May 24, 2016: By which the regulation of the game of luck and chance of the modality of Novelty of type of games operator by Internet is approved.

Statutory Law 1581 of 2012: By which general provisions for the protection of personal data are dictated.

Decree Number 1377 of June 27, 2013: By which Part 1581 of 2012 is partially regulated

Law 1712 of 2014 through which the transparency and right to National Public Information act is created and other provisions are issued.