Commercial Terms

Commercial Terms
  • IMPORTANT – PLEASE READ THESE TERMS CAREFULLY WHEN PURCHASING, USING OR ACCESSING OUR WEBSITE OR MOBILE APPLICATION OR PUCHASING GOODS OR SERVICES FROM KUDOS GAMES PROPRIETARY LIMITED (“KUDOS SERVICES”) (Registration number: 2015/402242/07) (“Kudos Games”, “Us”, “We” “Our”). These Commercial Terms are binding and enforceable against every person that accesses or uses this Website, Mobile Application and purchases any services (“you”, “your” or “user”).

 

  • This Agreement governs your access and use of Our Website, software products, such as game software on our Website of Mobile Application, offered by Us and Our subsidiaries. and updates, upgrades and features as well as any further online and mobile services, features, content and websites offered by Us and/or live events hosted by or in connection with Us (collectively "Kudos Services"). 

 

  • BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE “SUBMIT” OR “ACCEPT” or “BUY” BUTTONS, USING ANY OF THE SERVICES, PURCHASING ANY KUDOS SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY THAT YOU ARE USING/PURCHASING THE KUDOS SERVICES, YOU REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE WEBSITE OR MOBILE APPLICATION; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS.

 

  • IF YOU DO NOT AGREE, DO NOT INSTALL THE MOBILE APPLICATION OR USE THE KUDOS SERVICES. FOR RESIDENTS OF CERTAIN COUNTRIES, YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN HEREIN TO RESOLVE ANY DISPUTES WITH US.
  • INTRODUCTION AND DESCRIPTION
    • Kudos Services can be accessed at www.actionmarket.comand mobile application from selected app stores. All intellectual property (including Our Website and Mobile Application) is owned and operated by Kudos Games. 
    • The Kudos Services provides you with a live sports gaming experience for fans of the world’s top sports events. We’ve taken our passion for sport and matched it to the fast-moving, adrenaline-charged world of finance to create the ultimate gaming experience. 
    • For the first time, you can share your anticipation of the sports match score as if you were a trader playing the financial markets without the risk of losing any money. 
    • Kudos Services is a gaming platform inviting you to enter a risk-free trading market based on the live score of the world's top sports event of rugby, US football, cricket, baseball or even sumo-wrestling. The aim is bragging rights and to be at the top leader board. It’s the game within the game.
  • IMPORTANT NOTICE
    • These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008.
    • These Terms and Conditions are divided into three sections, as follows:
      1. Commercial Terms;
      2. Annexure A – Privacy Policy; and
      3. Annexure B – Browser Terms.
  • HOW IT WORKS (GAME CREDIT, CONTENT, USER GENERATED CONTENT AND LEAGUES)
    • When you register a profile on the Kudos Mobile Application you are given free access to different sporting games to play, all based on a live future and options sporting events. 

 

  • CONTENT AND CLAIMS
    • The Kudos Services include Content and Claims. 
    • Content is the software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to or from Kudos Services, as well as the design and appearance of our websites. Content also includes user-generated Content ("UGC"). UGC includes Kudos profile personas, forum posts, profile content and other Content contributed by users to Kudos Services. All Content is owned by Us.
    • Claims are rights that Kudos licenses to you to access or use the online or off-line elements of Kudos Services. Examples of Claims include access to digital or unlockable Content additional or enhanced functionality (including multiplayer services); subscriptions; virtual assets; unlock keys or codes, serial codes or online authentication; in-game achievements; virtual points, coins, or currencies.

 

  • GAME CREDITS 
    • To access the Kudos Services a user, need to purchase Game Credits. When you obtain Game Credits, from us or our authorized partners, you receive a personal, limited, non-assignable, non-exclusive, revocable license to access and select the Claims that we expressly make available to you.
    • Game Credits have no monetary value and has no value outside of our products and services. Game Credits cannot be sold, traded, transferred, or exchanged for cash; it only may be redeemed for Claims available for the Kudos Service. Game Credits are non-refundable, and you are not entitled to a refund for any unused Game Credits. Once you redeem Game Credits for a Claim (such as a virtual asset or Kudos treasury point used to unlock further features), that Claim is not returnable, exchangeable, transferable or refundable and has no monetary value. 
    • With the use of Game Credits and based on an index created on the difference in score, you are able to access sport event sessions during which you will trade futures and options, two (2) to (7) days prior to the start of the match, during the match and until the final whistle. 

 

  • LEAGUES
    • Users can create leagues with their friends (“Buddy Leagues”), join a sponsored league (“Sponsored Leagues”) or join the general league (“General League”).
    • General League (B2C):
      • You can join a General League and play the game for free. You are given an initial number of Claims to ensure you can play. As you play and hold futures and options positions, your treasury position changes according to where the market index (for example for a rugby match the index is Score of A team – score of B team + 100) is trading. Should you run out of Claims, you will need to purchase additional Game Credit through Apple Pay or Google Pay, to unlock more Claims.
    • Buddy League (B2C) 
      • Thanks to the use of Kudos Treasury Points you may create and manage a buddy league of 10 or 25 participants. Once purchased and activated:
        • as the administrator, a user receives a unique voucher code to invite his buddies to join; 
        • invitations are sent by the user;
        • voucher code will be simple to read and memorize and is automatically generated or pulled from a predefined list of unique voucher codes, used once;
        • once enrolled, all participants belong to the leader board of the buddy league open;
        • the admin user can purchase additional 10 or 25 participants if required.
        • Game Credit and prices will be determined and contemplated on our Website and applicable application stores. 
  • LICENCE
    • The Kudos Services are licensed to you, not sold. We grant you a personal, limited, non-transferable, revocable and non-exclusive license to use the Kudos Services to which you have access for your non-commercial use, subject to your compliance with this Agreement. You may not access, copy, modify or distribute any Kudos Service, Content or Entitlements (as those terms are defined below), unless expressly authorized by us or permitted by law. You may not reverse engineer or attempt to extract or otherwise use source code or other data from Kudos Services, unless expressly authorized by us or permitted by law. We and or our licensors own and reserve all other rights, including all right, title and interest in the Kudos Services and associated intellectual property rights.
  • RULES OF CONDUCT
    • When you access or use any Kudos Service, you agree that you will not:
    • Violate any law, rule or regulation.
      • Interfere with or disrupt any Kudos Service or any server or network used to support or provide a Kudos Service, including any hacking or cracking into a Kudos Service.
      • Use any software or program that damages, interferes with or disrupts a Kudos Service or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs.
      • Interfere with or disrupt another player's use of a Kudos Service. This includes disrupting the normal flow of game play, chat or dialogue within a Kudos Service by, for example, using vulgar or harassing language, being abusive, excessive shouting (all caps), spamming, flooding or hitting the return key repeatedly.
      • Harass, threaten, bully, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated.
      • Contribute UGC or organize or participate in any activity, group or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invades another's privacy, or is otherwise reasonably objectionable.
      • Publish, post, upload or distribute UGC or content that is illegal or that you don't have permission to freely distribute.
      • Publish, post, upload or distribute any content, such as a topic, name, screen name, avatar, persona, or other material or information, that we (acting reasonably and objectively) determine is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent or unlawful.
      • Post a message for any purpose other than personal communication. Prohibited messages include advertising, spam, chain letters, pyramid schemes and other types of solicitation or commercial activities.
      • Impersonate another person or falsely imply that you are a Kudos Games employee or representative.
      • Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Kudos Services.
      • Make use of any payment methods to access or purchase Kudos Services for fraudulent purposes, without permission of the authorized owner, or otherwise in connection with a criminal offence or other unlawful activity.
      • Use exploits, cheats, undocumented features, design errors or problems in anKudos Service.
      • Use Kudos Services in a country in which Kudos Services is prohibited from offering such services under applicable export control laws.
      • If an Kudos Service requires you to create a "user name" or a "persona" to represent you in game and online, you should not use your real name and may not use a user name or persona that is used by someone else or that we determine is vulgar or offensive or violates someone else's rights.
      • Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of a Kudos Service.
  • TERMINATION
    • This Agreement is effective until terminated by you or us. 
    • We may terminate your access and use of any Kudos Services if we determine that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of Kudos Services associated. 
    • If your account is terminated, you will not have access to the account or Claims and may be barred from accessing or using any Kudos Service again. Upon termination, your license under this Agreement also shall terminate. Clause 4, 5, 6, 8 -15 remain unaffected and survive termination. 
  • WARRANTIESAND DISCLAIMER
    • KUDOS SERVICES ARE LICENSED AND PROVIDED "AS IS." YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT OR KUDOS SERVICE; THAT WE SERVICE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE KUDOS SERVICE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT KUDOS SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
    • You warrant to and in favour of us that:
      • you have the legal capacity to agree to and be bound by these Commercial Terms; and
      • these Commercial Terms constitute a contract valid and binding on you and are enforceable against you.
    • Each of the warranties given by you will:
      • be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Commercial Terms;
      • continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
      • be deemed to be material.
  • LIMITATION OF LIABILITY
    • We will not, under any circumstances, be liable to you for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts which youmay sustain or suffer (or with which you may be threatened) as the result of, whether directly or indirectly, any act or omission in the course of or in connection with the implementation of these Commercial Terms or in the course of the discharge or exercise by the parties or their employees, agents, professional advisors or delegates of their obligations or rights in terms of this Commercial Terms or the termination of these terms for any reason, in excess of the amount recoverable under our professional indemnity insurance policy.
    • IN THE VENT OF A CLAIM FOR WHATEVER REASON, YOU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
  • NO CONSEQUENTIAL LOSSES
    • Under no circumstances whatsoever shall either of us be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss or damage was actually foreseen or reasonably foreseeable), including but not limited to any loss of commercial opportunities or loss of profits, and whether as a result of negligent (including grossly negligent) acts or omissions of such party or its servants, agents or contractors or other persons for whose actions such party may otherwise be liable in law.
  • INDEMNITY
    • You hereby indemnify and hold harmless us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time) against any claim by any third party for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive or exemplary loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, from accessing and using Kudos Services and or arising from any breach of any of any obligations or duties under these Commercial Terms.
  • BREACH
    • Should a party (“the Defaulting Party”): breach any of the terms and conditions of these commercial terms, then the other party (“the Aggrieved Party”) shall be entitled forthwith where the Defaulting Party has failed to remedy such breach within a period of 14 (fourteen) days after receipt of written notice by the Aggrieved Party requiring it to do so, to claim specific performance or to cancel this Commercial Terms by written notice to that effect given to the Defaulting Party, either of which shall be without prejudice to any other rights which the Aggrieved Party may have at law
  • ARBITRATION  
    • Other than in respect of those provisions of this Commercial Terms which provide for their own remedies or should such process be unsuccessful, or the outcome is non-binding, either party may refer the matter to arbitration to be held in terms of this clause 12.  
    • The arbitration shall be held in Pretoria in accordance with the provisions of the Arbitration Foundation of South Africa (“AFSA”) and: 
      • the arbitration shall be informal; and 
      • the Arbitrator shall have the discretion to determine the procedure to be adopted at the arbitrational hearing. 
    • The appointment of the Arbitrator will be agreed upon between the Parties, but failing Commercial Terms between them within a period of 14 (fourteen) days after the arbitration has been requested, any of the Parties shall be entitled to request the President for the time being of the Western Cape Legal Practice Council, whom failing, the chief executive officer/s of the Legal Practice Council, to make the appointment and who, in making his appointment, will have regard to the nature of the dispute. 
    • The decision of the Arbitrator shall be final and binding and shall not be subject to appeal. 
    • The Parties acknowledge and agree that the provisions of this clause shall not preclude any of them from proceeding against any of the other of them in any court of competent jurisdiction where relief is being sought on an urgent and interim basis.
  • FORCE MAJEURE
    • Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labour disputes, actions of governmental entities (including but not limited to delay caused by customs regulations or a change in customs regulations), riots, war, terrorism, fire, epidemics or other circumstances beyond its reasonable control.
    • The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance, provided that if such period exceeds 60 (sixty) days, then either party shall be entitled to terminate this Commercial Terms immediately on written notice while the party’s performance continues to be prevented.
  • GENERAL
    • No relaxation, indulgence or concession granted by any party to the other(s) in respect of any of its obligations hereunder shall constitute a novation of any part of this Commercial Terms nor otherwise prejudice, derogate from, or affect, any rights which the party granting the relaxation, indulgence or concession may have against the party(ies) in whose favour such grant shall have been made. 
    • No variation of, or addition or agreed cancellation to this Commercial Terms shall be of any force or effect unless it is reduced to writing and signed by or on behalf of the parties.  
    • Governing law: These Commercial Terms shall be interpreted and governed in all aspects in accordance to the laws of the Republic of South Africa. 
    • Jurisdiction: We both consent to the jurisdiction of the Gauteng High Court in Pretoria in respect of any matter flowing from these Commercial Terms.
    • Good faith: We both agree to display good faith.
    • Address for service: any notice, approval, request, authorisation, direction, or other communication under these terms shall be given in writing, directed to the addresses of found on our Website and the addresses provided to us by you during registration, and shall be deemed to have been delivered and given for all purposes:
      • on the delivery date if delivered by email;
      • on the delivery date if delivered personally to the Party to whom the same is directed;
      • 1 (one) business day after deposit with a commercial overnight carrier with written verification of receipt; or
      • 5 (five) business days after the mailing date whether or not actually received, if sent by registered or recorded delivery post or any other means of rapid mail delivery for which a receipt is available to the contact at the address of the Party to whom the same is directed.
    • Whole Commercial Terms: these Commercial Terms, together with the Browser Terms and Privacy Policy sets forth the entire Commercial Terms and supersedes all prior or contemporaneous Commercial Terms and representations, written or oral, between us with respect to the transactions set forth herein, all of which are excluded, except for fraudulent misrepresentations.