Terms and Conditions
This document outlines the terms of use for the KandyKash platform, a skill-based, real-money gaming service. By registering, accessing, and using the services provided by KandyKash Limited, you agree to be bound by these Terms and Conditions.
1. Definitions
"Company," "We," "Us," "Our": Refers to KandyKash Limited.
"Platform": Refers to the MatchKash mobile application and its associated services.
"User," "You," "Your": Refers to any individual who registers for or uses the Platform.
"Games": Refers to the skill-based games available on the Platform, including KandyKash.
"buy-in": The amount of money a User places to enter a game against another User.
"Booster": An in-game power-up or item that a User can purchase and use to gain an advantage in a game.
"Buy-in Pool": The total amount of money bought in by all participating Users in a single game.
"Platform Fee": The commission retained by the Company from each Buy-in Pool
2. Eligibility
You must be at least 18 years of age and of sound mind to use the Platform.
You must be a resident of a jurisdiction where real-money gaming is not prohibited.
You must be the legal and beneficial owner of the mobile phone number and M-Pesa account used for transactions.
The Company reserves the right to request proof of age and identity from any User.
3. Account Registration & Security
You agree to provide accurate, current, and complete information during the registration process.
Your account is for your personal, non-commercial use only.
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.
The Company will implement robust security measures, including two-factor authentication (2FA), to protect your account.
4. Gameplay & Fair Play
All Games on the Platform are based purely on skill. The outcome of a game is determined by the player's ability, not chance.
We use a server-authoritative architecture and employ sophisticated anti-cheat and fraud detection mechanisms to ensure a fair gaming environment.
Any form of cheating, collusion, hacking, or using third-party software to gain an unfair advantage is strictly prohibited and will result in immediate account suspension and forfeiture of all funds.
5. Financial Terms
Deposits: All deposits must be made via the official M-Pesa Paybill number provided by the Company. Deposits are final and non-refundable.
Buy-ins: The minimum and maximum buy-in amounts are set by the Company and may be subject to change. A portion of each buy-in, along with the opponent's buy-in, forms the Buy-in Pool.
Booster Costs: The cost of Boosters is separate from the buy-in and is non-refundable once purchased and used.
Platform Fee: The Company retains a Platform Fee from every Buy-in Pool. The winner receives the remaining 90%.
Withdrawals: You may withdraw your funds from your in-app wallet to your registered M-Pesa number. Withdrawals are subject to a minimum withdrawal amount and will be processed automatically and instantly.
Tax Obligations: You are solely responsible for any taxes, levies, or duties that may arise from your winnings.
6. User Obligations
You agree to use the Platform for lawful purposes only.
You will not engage in any activity that is harmful, harassing, or fraudulent towards the Company or other Users.
You agree to abide by all responsible gaming guidelines and to seek help if you feel you have a gambling problem.
7. Company Obligations
Platform Integrity: The Company is obligated to maintain a secure and fair gaming environment through its anti-cheat and security protocols.
Payouts: The Company guarantees timely and accurate payouts of all legitimate winnings.
Data Protection: The Company will protect your personal information in accordance with Kenyan data protection laws.
Customer Support: The Company will provide accessible and responsive customer support to assist with any technical, account, or financial issues.
8. Disclaimers & Limitation of Liability
The Company is not liable for any technical failures, interruptions, or delays that may occur on the Platform, except for those directly caused by the Company's gross negligence.
The Company's liability for any and all claims shall be limited to the amount of the relevant Buy-in Pool or buy-in.
9. Dispute Resolution
Any disputes arising from these Terms and Conditions shall be first resolved amicably through the Company's customer support channels.
Unresolved disputes may be subject to binding arbitration in Nairobi, Kenya, in accordance with the laws of Kenya.
10. Amendments to Terms
The Company reserves the right to modify these Terms and Conditions at any time. Any changes will be communicated to Users via email or through an in-app notification.
Privacy Policy
This privacy notice provides information on how the Company collects and processes your personal data when you use any of our services. It sets out what we do with your personal data and how we keep it secure and explains the rights that you have in relation to your personal data.
Data we collect about you
Personal data means any information that can be used to identify directly or indirectly a specific individual. We collect your personal data in order to provide tailored services and in order to analyse and continually improve our services.
The personal data we collect may include your:
Full name
National ID Card
Registered Mobile phone number
Email address
How we use your personal data
We use your personal data to operate, provide, develop and improve services that we offer, including the following:
registering you as a new player;
Receiving and making payments to users;
for customer support - the Company uses the information we collect to provide customer support, including to investigate and address user concerns and to monitor and improve our customer support responses and processes.
For research and development - We use data for testing, research, analysis, product development, and machine learning to improve the user experience. This helps us make our services more convenient and easy-to-use, enhance the safety and security of our services, and develop new services and features.
to enhance the safety and security of our users and services - We use data to help maintain the safety, security, and integrity of our services and users. This includes verifying users' identity and eligibility to provide use of the system.
Data retention
We will take every reasonable step to ensure that your personal data is processed for the minimum period necessary for the purposes set out in this Privacy Notice. Your Personal Data may be retained in a form that allows for identification only for as long as:
We maintain an ongoing relationship with you. This will enable us to improve your experience with us and to ensure that you receive communications from us;
Your Personal Data is necessary in connection with the purposes set out in this Privacy Notice and we have a valid legal basis;
The duration of any applicable limitation period (i.e., any period during which a person could bring a legal claim against us); and
We will actively review the personal data we hold and delete it securely, or in some cases anonymise it, when there is no longer a legal, business or consumer need for it to be retained.
Data security
We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Your legal rights
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to access, correct or erase your personal data, object to or restrict processing of your personal data, right to ask that we transfer your personal data to a third party, and unsubscribe from our emails and newsletters.
We can refuse to accede to your request where it is unreasonable or where you have failed to provide additional information necessary to confirm your identity.
Data controllers and contract
If you have any questions or concerns about the Company’s Privacy Notice or you are looking for more information on how we process your personal data, or wish to exercise your legal rights in respect of your personal data, please contact the Data Privacy Officer by email at tech@kandykash.com
We will investigate any complaint about the way we manage personal data and ensure that we respond to all substantiated complaints within prescribed timelines.
