Terms and Conditions

Terms and Conditions

Please read these Browser Terms (“Browser Terms”) carefully before using or browsing the www.actionmarket.com website (the “Website”) or mobile application (the “App”) operated by Kudos Games Proprietary Limited. (“us”, “we”, or “our”).

  • BROWSER TERMS
    • What are these Browser Terms?
      • These are the Terms that regulate your use of our Website/App, and our relationship with you (“You”). They create a legally binding contract between us, as soon as they apply.
      • This is not an exhaustive list, but these Browser Terms apply when you browse, use, ‘surf’, share, post and or comment on our Website/App. 
  • THE GOAL OF THESE BROWSER TERMS
    • We will have no obligations to you whatsoever and we will not be liable at all for any liability, damage or loss resulting from your use or inability to use our Website/App. You should not act in a way that relies on any information on our Website/App. You use our Website/App at your own risk.
  • WHEN DO THESE TERMS APPLY?
    • These Browser Terms will apply if you access or use our Website/App. Don't use our Website/App if you don't absolutely agree to these Browser Terms, as you can only use our Website/App on these Browser Terms.
  • PRIVACY POLICY AND COMMERCIAL TERMS
    • There are other terms that are applicable to your use of our Website/App. A privacy policy can be found here. Additional terms become applicable when you purchase products through our Website/App ("Commercial Terms" found here).
    • If there is a conflict between these Terms and the Commercial Terms, the Commercial Terms will apply.
  • CHANGES TO OUR WEBSITE AND/OR THESE TERMS
    • We have the sole and unfettered right (as far as the law allows) to suspend, change or add to our Website/App, and to change or add to any of these Browser Terms and such changes will apply as soon as they are made.
  • USE OF OUR WEBSITE
    • You may not:
      • distribute any content from our Website/App without our prior consent;
      • use any technology, including but not limited to crawlers and spiders, to search our Website/App or obtain information from our Website/App;
      • copy our Website/App or any source code or pages;
      • post any defamatory or illegal content;
      • link to our Website/App in a manner other than through the homepage or mobile interface; or
      • deep-link to any other pages in a way that would suggest that you own the intellectual property that belongs to us.
  • INTELLECTUAL PROPERTY
    • You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, source code,  or methodology which forms part of, or is displayed or used on the Website/App or any products sold by us, including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, mobile applications, page headers and software) is proprietary to us and will remain ours at all times.
    • You agree that you will not acquire any rights of any nature in respect of our intellectual property by using our Website and or App.
  • LIMITED LIABILITY
    • For purposes of clarity: we will not be liable to you for any loss caused using our Website/App or your liability to any third party arising from those subjects. This includes:
      • any interruption, malfunction, downtime, off-line situation or other failure of the Website/App, system, databases or any of its components;
      • any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website/App; and
      • any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website/App and/or third-party systems or programming defects;
  • INDEMNITY
    • You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind)and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Browser Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.
  • GOVERNING LAW AND DISPUTE RESOLUTION
    • The content of these Browser Terms is governed by South African law, including the Website/App and any interaction you may have with the Website/App regardless of what country you are based in, or the country where you access the Website or the country where you receive or use our Services.
    • If we ever have a dispute, then you agree that the High Court of South Africa (Cape Town) will have sole jurisdiction to consider our dispute, applying these Terms and South African law.
  • DISCLOSURE IN TERMS OF SECTION 43 OF ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 25 OF 2002
    • Site owner: Kudos Proprietary Limited (trading as "Kudos"), registration number 2018/570044/07.
    • Legal status: Kudos is a South African private limited liability company.
    • Description of our main business: We provide a live 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 match score as if you were a trader playing the financial markets. It is a gaming platform inviting gamers 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, sumo. It’s the game within the game.
    • Email address: welcome@actionmarket.com
    • Website address: www.actionmarket.com