Kadbuster.com Terms and Conditions
Last updated: Jun 1st, 2024
This APP is the property of KAD BUSTER COLLECTIONS SDN BHD (hereinafter referred as “COMPANY”), a company established and operating under the legislation of the Malaysia (reg. number: 202401010064), with its registered office at Level 27, centrepoint north tower, mid valley city, 59200, kuala lumpur, malaysia
These Terms of Use govern relations between the COMPANY and Users pertaining to the use of the KAD BUSTER Ecosystem, including, without limitation, Games, KAD BUSTER Projects, and the APP.
By clicking button “I agree” (or similar in meaning), the User
(A) acknowledges that he/she has read, understood, and unconditionally accepted the terms and conditions of these Terms of Use, as well as the conditions of other Special Rules (as defined below)and guarantees that he/she will observe them during the course of KAD BUSTER Ecosystem use;
(B) acknowledges and agrees that he/she has independently evaluated the desirability of KAD BUSTER Ecosystem use and is not relying on any representation, guarantee, or statement other than as expressly set forth herein; and
(C) represents and warrants that he/she is lawfully able to enter into contracts (e.g., User has reached the age of capacity provided by applicable law). If the User is minor, he/she shall become acquainted of these Terms of Use with the help of his parents/ legal guardians. COMPANY recommends parents or legal guardians to monitor their children's online activities. To protect children’s privacy, COMPANY advises parents or legal guardians to check that their children never disclose their personal data without prior consent of their parents or guardians. COMPANY reserves the right to restrict access to certain services on age grounds and may allow the registration for certain services with parental approval when underage. COMPANY reserves the right to ask for written proof of parental consent for any User or potential User of KAD BUSTER Ecosystem suspected to be a minor. In all cases, use of the KAD BUSTER Ecosystem by minors must take place under the responsibility of their parents or legal guardians and any use of the Services is assumed to have been validated by them.
(D) represents and warrants that he/she is not accessing KAD BUSTER Ecosystem through a VPN or similar tools.
Otherwise, KAD BUSTER Ecosystem use is prohibited.
KAD BUSTER Ecosystem shall be used in accordance with these Terms of Use and other Special Rules (as defined below). If there are no Special Rules, then the provisions of these Terms of Use apply.
In these Terms of Use, the following definitions, when capitalised, shall have the following meanings:
Account – personal account of the User on the KAD BUSTER Ecosystem.
COMPANY – KAD BUSTER COLLECTIONS SDN BHD, a company established and operating under the legislation of the Malaysia, with its registered office at Level 27, centrepoint north tower, mid valley city, 59200, kuala lumpur, malaysia.
Games – any games (excluding gambling) for games on mobile devices, as specified at the Games Storefront on the APP.
KAD BUSTER Ecosystem – online platform located on the APP that provides Users with access to Games and KAD BUSTER Projects, as well as any other associated services provided by the COMPANY based on the terms and conditions set forth herein and in other Special Rules.
KAD BUSTER Projects – separate projects of the COMPANY as specified on the APP, by which the COMPANY offers additional services to Users such as KAD BUSTER Mall, KAD BUSTER community, KAD BUSTER Market, and other projects aimed at making the Games popular.
KAD BUSTER Wallet – separate project of the COMPANY that holds funds that User adds to his/her account to spend on the KAD BUSTER Ecosystem.
Terms of Use – this legal document determining the terms and conditions and procedures for the use of the KAD BUSTER Ecosystem.
Unacceptable Content – any kind of content or behaviour in connection with the use of the Game that is either illegal or unacceptable under the generally accepted moral rules, including, without limitation, the following examples:
Refund Rate - offered in the form of diamonds, is determined by KAD BUSTER based on our operational costs and the secondary market trading value of the cards.
(i) engaging in or contributing to any illegal activity or activity that violates others’ rights;
(ii) content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable and unacceptable;
(iii) providing information that is false, misleading or inaccurate;
(iv) disclosing of any personal or proprietary information of another User or any other person or otherwise invading other person privacy;
(v) abuse, harassment, stalking, threats, flaming or intimidation of any person or organization;
(vi) profanity or use of derogatory, discriminatory, hatred or excessively graphic language;
(vii) any content that may harm minors;
(viii) disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war;
(ix) offensive, vulgar, sexually explicit or pornographic content;
(x) promoting the use of alcohol, tobacco or any narcotic or illegal substances, firearms;
(xi) transmitting software viruses, worms or any other kind of harmful software;
(xii) unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
(xiii) hacking;
(xiv) infringing any intellectual property rights, or unlawful provision/disclosure of information (insider information, confidential information, other proprietary or legally protected information);
(xv) any content which has ambiguous connotations or which could be perceived negatively or cause hostility towards the COMPANY, other Users and/or third parties, create an unfriendly atmosphere among Users or lead to disputes or conflicts among Users;
(xvi) any content which the COMPANY has received reasonable complaints from other Users;
(xvii) other unacceptable content or behaviour.
User – a natural person, who has reached the age which allows them, in accordance with the applicable law, to be fully liable for his/her own actions (fully legally capable person) and to use the KAD BUSTER Ecosystem, and satisfies all the criteria listed herein, or if underage, satisfies all the criteria listed herein.
User Content – any comments, text or voice messages, photos, graphic images, videos, sounds, works of music, and other materials, data and information, as well as links to them uploaded, transferred, published, or otherwise distributed by the User to other Users and/or the COMPANY during the course of KAD BUSTER Ecosystem use (apart from the User’s personal data which is subject to KAD BUSTER Privacy Policy).
Wallet Funds – funds in KAD BUSTER Wallet of the User.
Website – www.kadbuster.com, as well as any and all websites of Games and KAD BUSTER Projects (if applicable), and all domains and subdomains of the following levels.
2.1 REGISTRATION PROCESS
In order to use the KAD BUSTER Ecosystem, the User is required to create an Account following the instructions outlined in the APP and, inter alia, fill in the registration form or create an Account using his/her social media account.
When registering an Account, the User may fill in the registration form with the data he/ she considers sufficient for his/her identification on the KAD BUSTER Ecosystem as an unique user, except for the mandatory fields of the registration form, filling in of which shall be obligatory for the User in order to use the APP.
The COMPANY may confirm the receipt of the User’s online application in order to create an Account electronically to the e-mail address or by SMS message to the
telephone number provided by the User (not applicable to the Account created by the User using his/her social media account).
The Users guarantee that all information provided is accurate and up to date. The Users undertake to update this information on their Account as soon as it is modified so that it always complies with these criteria.
The COMPANY shall reserve the right to change and supplement the means of Account creation.
The Users are informed and accept that the information provided when opening their Account is presumed to establish their identity.
The Users agree to use KAD BUSTER Ecosystem for personal use only and refrain from allowing any third party to use them unless they accept all the consequences thereof.
2.2 LOGIN AND PASSWORD
While filling in the registration form, the User shall independently create a login and a password for further access to the APP.
The User confirms that he/she is informed that the safety of his/her Account shall directly depend upon the complexity (number and variation of symbols) of the
password and other data which allows the User to get access to his/her Account. It’s recommended that the User create a rather complicated password to avoid the
possibility of attack by third parties.
Also, the Users must keep their login and password secret. The Users must contact COMPANY as soon as they are aware that their Account has been used without their consent. The Users acknowledge that COMPANY may take any appropriate action, including suspension of the access to the Account.
2.3 ACCOUNT TRANSFER
The User shall attend to the safety of his/her login credentials that are necessary for access to the Account. The login and password are confidential information and shall not be subject to disclosure, except in cases provided for by applicable law and these Terms of Use. The User is prohibited from distributing, using, or intentionally receiving information that allows access to the Account of another User by any means. Transfer of an Account and/or account data to third parties is not permitted. In the case that the User has received account data (login and password) of another User, the User is prohibited to use such information to log into the Account of another User.
The User shall immediately notify the COMPANY about the loss of his/her login and password for his/her Account or other cases of loss of control over the Account.
2.4 UNIFIED AUTHORISATION SYSTEM
For the convenience of the Users, the COMPANY applies the unified authorisation system, which signifies that once the User creates an Account on the KAD BUSTER Ecosystem, it will neither be required to create any additional account, nor re-register on KAD BUSTER Projects, KAD BUSTER Launcher and/or Games, and vice versa.
3.1 ORDERS
Everything the User purchases on the KAD BUSTER Ecosystem, the User purchases from the COMPANY. That includes Wallet Funds and anything bought using Wallet Funds.
Orders are solely reserved for natural persons, acting outside the scope of their commercial, industrial, artisanal or liberal activity.
If the Users are not already logged, they will be invited to log in or create the Account.
3.2 PRICES, MEANS OF PAYMENT, KAD BUSTER WALLET, DIAMONDS, POINTS, VOUCHERS AND WITHDRAWAL SYSTEM
All the prices all expressed in Ringgit Malaysia SST or such other currency depending of the territory where the User accesses the APP, and are subject to change at any time. The selling price is the one at the time of the order.
Only the means of payment referred to on the APP are accepted, inter alia, payment using Wallet.
The COMPANY is not a bank and KAD BUSTER Wallet is neither a bank account, nor any kind of payment instrument. The KAD BUSTER Wallet is designed to store all commissions earned by customers from promoting our APP and website. Wallet does not earn interest. Wallet has no cash value outside the KAD BUSTER Ecosystem.
Contact Information: For any questions or concerns regarding the wallet or withdrawal process, users can contact our support team at contact@kadbuster.com.
Earning Diamonds from 1/ Product Refunds: Earn diamonds when you receive refunds for products purchased on our platform. And 2/ Special Events: Participate in special events hosted by our APP and website to earn additional diamonds. 1 diamond is equivalent to MYR 1, which can be used for reference during your next purchase at checkout.
Using Diamonds: Checkout Discounts: Use your diamonds to deduct payment amounts during the checkout process, making your purchases more affordable.
The Diamonds cannot be cashed out for real money, and cannot be transferred to other accounts or users. It’s meant for personal use only. All diamonds are valid for one year from the date of obtaining, Unused diamonds will expire after this period.
Points are earned by purchasing our products, with one point awarded for every ringgit spent. These points can be used on the checkout page to deduct payment. Points cannot be transferred, sold or cashed out. The redeemption rate is 100 points = MYR 1. All points are valid for one year ONLY from the date of obtaining. Any unused points will expired after this period.
3.3 REFERRAL COMMISSION
|
Person A |
Tier 1 |
Tier 2 |
Tier 3 |
|
Person B |
3% |
|
|
|
Person C |
|
2% |
|
|
Person D |
|
|
1% |
3.3.1 Tier Structure:
Tiers 1, 2, and 3 represent different commission rate structures.
3.3.2 Participants
Persons A, B, C, and D represent different individuals participating in this commission structure.
3.3.3 Growth
Each individual can develop three tiers/levels within the commission structure.
3.3.4 Team Formation
The above chart demonstrates the structure of a single team. Each individual will form their own team within this structure.
3.3.5 Example
a) Direct Sales (B): Every direct sale from Person B's network will yield a 3% commission for A on top of the total spending from B.
b) Indirect Sales (C): If B recruits C into the structure, A will receive 2% of C's total spending, while B will earn a 3% commission on C's direct sales.
c) Further Indirect Sales (D): If C recruits D, A will earn 1% of D's total spending, B will earn 2% of D's total spending, and C will earn a 3% commission on D's direct spending.
3.3.6 Commission Daily Withdrawal Limit
Users can withdraw funds from their wallet on a daily basis, with a maximum limit of 3000 Ringgit Malaysia (MYR) per day. The minimum amount required to request a withdrawal is 100 Ringgit Malaysia (MYR).
3.3.7 Withdrawal Process
Upon initiating a withdrawal request, our team will verify and process the payment within 5 working days. Users will receive the funds in their designated bank account after this verification process is completed.
3.3.8 Verification Requirement
During the verification process, users may be required to provide additional information or documentation to ensure the legitimacy of the withdrawal request.
3.3.9 Processing Delays:
While we aim to process all withdrawals within the specified timeframe, unforeseen circumstances may occasionally cause delays. Users will be promptly notified if such delays occur.
4.1 Processing Time: All orders are processed within 3-5 business days. Orders are not processed on weekends or holiday. If we are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery.
4.2 Shipping Rate & Delivery Estimates: Shipping charges for your order will be calculated and display at checkout. Delivery delays can occasionally occur. If there will be a significant delay in shipment of your order, we will contact you via email or telephone.
4.3 Shipment confirmation & Order tracking: You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.
4.4 Damages: Kad Buster is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact the shipment carrier to file a claim. Please save all packaging materials and damaged goods before filing a claim.
4.5 Shipment insurance: KAD BUSTER doesn’t provide insurance coverage for your shipment, but we provide optional service if you need insurance cover for your package from Logistics companies. You may view their insurance rate in their official website or in the APP.
4.6 Refund: Before the shipment of products, you may request a refund for items in the safety box. Refunds will be issued in the form of diamonds, not cash. The value of the diamonds will be determined by us based on the specific products. Diamonds can only be used for payment deductions on future purchases. They cannot be transferred or cashed out.
4.7 Refund Rate for diamonds: The refund rate is determined by KAD BUSTER based on the secondary market trading value of the cards and our operational costs. KAD BUSTER reserves the right to change the refund rate at any time.
By using KAD BUSTER Ecosystem, User agrees to observe the following mandatory rules.
5.1 GENERAL TERMS OF KAD BUSTER ECOSYSTEM USE:
During the course of KAD BUSTER Ecosystem use, the User undertakes not to:
• upload, transfer, publish, or otherwise distribute files that contain viruses, trojan horses, worms, or any other malicious software or programs that may damage
the operation of the computer or property of other Users or otherwise disrupt the smooth running of KAD BUSTER Ecosystem;
• use KAD BUSTER Ecosystem in order to publish or disseminate any unsolicited advertising, surveys, promotional materials, ‘junk e-mail’, ‘spam’, chain letters,
‘pyramid schemes’, or any other form of solicitation or duplicative or unsolicited messages (commercial or otherwise);
• create a false identity for the purpose of misleading any other person;
• violate any applicable law or regulations, these Terms of Use, Special Rules,
terms of Games use that determine an order of participation in the game process, interaction with the computer (PvE) or real players (PvP) that may be set for each concrete Game on the page, devoted to the corresponding Game.
5.2 GENERAL TERMS OF VIRTUAL COMMUNICATION WITH OTHER USERS:
When placing any User Content in forums, chats, or other virtual spaces designed for communication, the User undertakes not to upload, transfer, publish, or otherwise
distribute Unacceptable Content, inter alia:
• User Content that violates any intellectual property rights, including any and all rights, licences, or consents existing from copyrights, patents, trademarks
(together with all the goodwill associated with such trademarks), service marks, database rights and rights to extract data, registered and unregistered designs, rights in circuit layouts and semi-conductor topography rights, trade secrets,
rights of confidence, all whether registered or not, applications and rights of
renewal for any of the foregoing and all other similar rights recognised in any part of the world;
• erotic or pornographic User Content;
• User Content that is offensive to any other person and/or injurious to third parties or public morale;
• illegal, harmful, dangerous, or obscene User Content, as well as User Content that contains information of discriminatory nature against other persons on the basis of gender, race, nationality, religious beliefs, sexual orientation, and other
protected grounds;
• User Content of commercial advertising nature or attracting attention to any goods or services;
• upload, transfer, publish, or otherwise distribute User Content that contains
personal information or confidential data on any person or otherwise violates the legal rights (such as rights of privacy and publicity) of any person.
The User hereby undertakes not to use ‘bots’ or other automated techniques for collecting information about Users.
The User hereby undertakes not to disturb, threaten, stalk, confuse, or harass other Users.
When the User makes any User Content available to other Users and/or to the
COMPANY by means of its uploading on KAD BUSTER Ecosystem, the User grants the COMPANY and its affiliates a non-exclusive, worldwide, perpetual, irrevocable,
transferable, sub-licensable, limited right to use such User Content by any and all lawful means, inter alia, to reproduce, distribute, transmit, transcode, translate, broadcast, publicly display, publicly perform, make available to the public, modify, create derivative works from it. This license shall be deemed granted to the COMPANY for the entire duration of the intellectual property rights to such User Content as soon as it is uploaded on KAD BUSTER Ecosystem or from the moment the COMPANY otherwise acquires such rights, inter alia, from its affiliates.
The User hereby understands and acknowledges that all User Content placed on
KAD BUSTER Ecosystem is likely to be available for viewing and copying by third parties. The User shall be responsible for the User Content that he/she makes available on KAD BUSTER Ecosystem or exchanges with other Users. The COMPANY neither appropriates such User Content nor does the COMPANY review or endorse it. The COMPANY has no control over the information placed on KAD BUSTER Ecosystem by Users. The COMPANY does not review such User Content before it is published. Insofar as the COMPANY becomes privy to any Unacceptable User Content, or the COMPANY receives a notice thereof, the COMPANY will endeavour to promptly delete it.
6.1 In case of any violation of these Terms of Use, the COMPANY shall have the right to apply the following types of sanctions to Users, depending on the extent of the violation committed by the User and its adverse effect on the game process and other Users:
• issuance of a warning in any form, including by means of e-mail;
• removal of any User Content which violates any applicable law, these Terms of Use and/or Special Rules;
• suspension of access to his/her Account(s) and/or KAD BUSTER Ecosystem in its entirety;
• restriction of Games, KAD BUSTER Projects, and/or Website or APP use fully or partially.
6.2 The COMPANY will make reasonable efforts to provide the User with explanation on what the terms of these Terms of Use were violated by the User, as a result of which the sanctions were applied by the COMPANY. The COMPANY disclaims the obligation to
present the User a documentary evidence of the violation.
6.3 The COMPANY shall be entitled to prohibit the User to register new Accounts in case of the violation of these Terms of Use by the User. In case the COMPANY finds that such User has multiple Accounts, the COMPANY reserves the right to apply the foregoing sanctions to all Accounts of such User.
6.4. With regard to a particular part of KAD BUSTER Ecosystem, the COMPANY reserves the right to employ available channels of communication with the Users to provide
explanations and specify the list of sanctions that the COMPANY may impose on the User, depending on the severity of violation committed by the User and its adverse
impact on other Users.
UNLESS OTHERWISE EXPRESSLY PROVIDED BY A SPECIFIC WRITTEN AGREEMENT REGULATING THE USE OF A PARTICULAR GAME, KAD BUSTER LAUNCHER, AND/OR KAD BUSTER PROJECT, KAD BUSTER ECOSYSTEM IS PROVIDED “AS IS”. THEREFORE, USERS ACKNOWLEDGE THAT MY. GAMES ECOSYSTEM MAY NOT MEET THEIR
INDIVIDUAL PREFERENCES AND EXPECTATIONS. THE COMPANY WILL MAKE ALL
COMMERCIALLY REASONABLE EFFORTS TO ENSURE CONTINUOUS OPERATION OF KAD BUSTER ECOSYSTEM, ACCORDINGLY USERS ACKNOWLEDGE THAT KAD BUSTER ECOSYSTEM ISN’T ERROR-FREE AND MAY BE INTERRUPTED. THE COMPANY SHALL HAVE THE RIGHT (AND IT IS AN ESSENTIAL CONDITION OF USERS’ USE OF
KAD BUSTER ECOSYSTEM) TO SUSPEND OR STOP OPERATION AND/OR ACCESS TO KAD BUSTER ECOSYSTEM OR ANY PART OF IT FOR ALL OR SOME USERS AT ANY TIME. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ACCURACY, RELEVANCE, SAFETY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, LEGALITY AND/OR
RELIABILITY OF INFORMATION, DATA, MATERIALS, AS WELL AS KAD BUSTER PROJECTS AND GAMES PROVIDED BY THE COMPANY, ITS PARTNERS, OR OTHER
USERS. THE COMPANY DOES NOT WARRANT THAT THE PERFORMANCE OF USERS’ PERSONAL COMPUTERS OR OTHER DEVICES IS ADEQUATE TO USE KAD BUSTER ECOSYSTEM. USERS ARE ADVISED TO DETERMINE IN ADVANCE THE COMPUTER SYSTEM’S REQUIREMENTS FOR A PARTICULAR GAME, KAD BUSTER LAUNCHER, AND/ OR KAD BUSTER PROJECT AND WHETHER THEIR COMPUTER SYSTEM MEETS THOSE REQUIREMENTS.
THE COMPANY COMMITS ITSELF TO ACT WITH THE CARE AND DILIGENCE CUSTOMARILY USED IN THE PROFESSION IN ORDER TO PROVIDE FOR THE IMPLEMENTATION OF SERVICES DELIVERED TO THE USERS.
IN THE EVENT THAT COMPANY IS HELD LIABLE, COMPANY MAY GAIN EXEMPTION FROM SOME OR ALL OF ITS LIABILITY, HOWEVER, BY PROVING THAT THE NON- PERFORMANCE OR POOR PERFORMANCE OF THE CONTRACT WAS ATTRIBUTABLE TO THE CONSUMER, TO AN UNFORESEEABLE AND INSURMOUNTABLE FACT OF A THIRD PARTY, OR TO AN INSTANCE OF FORCE MAJEURE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST
PROFITS, DAMAGES ARISING OUT OF LOSS AND/OR DESTRUCTION OF DATA, DAMAGES ARISING OUT OF LOSS/TERMINATION/SUSPENSION OF ACCESS TO
USERS’ ACCOUNTS, LOSSES BY THE USER OF ACHIEVEMENTS OR PROGRESS IN THE GAME AS WELL AS LOSSES/DESTRUCTION/CHANGES OF THE INFORMATION PLACED BY THE USER AT THE GAME’S FORUMS OR CHATS. IN ANY CASE, THE LIABILITY OF THE COMPANY TO USERS SHALL BE LIMITED TO COMPENSATION FOR ACTUAL DAMAGE, WHICH SHALL NOT EXCEED 100 EUROS. THE USER MAY NOT RECEIVE ANY COMPENSATION FOR LOST PROFITS UNDER ANY CIRCUMSTANCES. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES TO USERS OR THIRD PARTIES CAUSED BY:
(A) USE OF OR INABILITY TO USE ANY GAMES, THE WEBSITE, THE APP, KAD BUSTER LAUNCHER, AND/OR KAD BUSTER PROJECT;
(B) UNAUTHORISED ACCESS OF ANY THIRD PARTIES TO THE USER’S PERSONAL INFORMATION, INCLUDING, WITHOUT LIMITATION, THE USER’S ACCOUNT, IN-GAME ACCOUNT WITHIN THE GAME; AND
(C) STATEMENTS OR BEHAVIOUR OF ANY THIRD PARTY IN THE GAME, IN-GAME
FORUMS OR CHATS, OR IN COMMENTS ON THE WEBSITE OR IN THE APP. THE COMPANY SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES
OUTSIDE THE REASONABLE CONTROL OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN
CIRCUMSTANCES OR CAUSES BEYOND THE COMPANY’S CONTROL, SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY
AUTHORITIES, FIRES, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOUR, OR MATERIALS.
IF THE LIMITATION OR EXCLUSION OF LIABILITY IS PROHIBITED BY APPLICABLE LAW, THE COMPANY'S LIABILITY MUST BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED
9.1 PERSONAL DATA
COMPANY's personal data protection rules are available on the website https:// www.kadbuster.com. or in the APP under privacy policy section.
COMPANY is very concerned about the protection of personal data. The personal data collected by COMPANY in the context of the present document will be subject to automated processing in accordance with applicable law. All information collected as part of the provision of the service is recorded by COMPANY, which is data controller. It is essential for the operation of the services offered by COMPANY
In order to exercise one or more of his/her rights, the User must provide proof of
identity and contact the person in charge of data protection at COMPANY (via Service Support via contact@kadbuster.com;
9.2 SECURITY INFORMATION
The information submitted by the User in any way is to be accurate.
Although the COMPANY does its very best to ensure the confidentiality of the data and has implemented appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with data
protection regulation, the User understands that no security measures are perfect and that it can be circumvented.
The User understands and acknowledges that, even after deletion of data and User
Content provided by the User, such data or User Content may remain accessible in the cache or web archives, as well as in the search results of search engines, and may also be available to other persons if other Users have copied and stored the User’s data or User Content.
The COMPANY cannot control actions of other Users with whom the User wants to share his/her account data (login and password). Therefore, the COMPANY cannot
warrant that any User Content that the User posts on KAD BUSTER Ecosystem will not be available for view by unauthorised persons.
The User hereby acknowledges that he/she understands, accepts, and agrees that any Game may contain audio and/or video effects, which, under certain circumstances,
may cause, in people who are prone to epileptic or other disorders of the central nervous system, worsening of such conditions.
The User understands and agrees that continuous usage of a personal computer over an extended period of time may result in various complications of physical condition, including, without limitation, vision problems, scoliosis, various forms of neurosis, as well as other undesirable and negative effects on the User’s body.
The User hereby warrants that he/she will use any Game only for a reasonable duration with breaks for rest and that the User will take other measures prescribed by his/her
doctor to protect his/her health.
The following precautions should be taken by Users:
• Avoid playing if tired or short of sleep;
• Play at good distance from the screen;
• Play in a lit room and moderate the brightness of the screen;
• Take breaks of ten (10) to fifteen (15) minute every hour.
11.1 ASSIGNMENT
Unless such assignment is likely to result in a reduction in the User’s rights, the
COMPANY may, at its sole discretion, at any time assign and/or delegate its rights and obligations under these Terms of Use, or any part thereof, to any third party upon a transfer or sale of all or substantially all of its business to which these Terms of Use
relate to, whether by merger, sale of stock, sale of assets, or otherwise. In that case the COMPANY shall notify the Users by e-mail and/or publish the amended Terms of Use. The User’s rights and obligations arising out of these Terms of Use shall be considered transferred to the assignee of the COMPANY at the moment of the aforesaid notification and/or publication.
The User’s rights and responsibilities hereunder are personal and non-transferable.
11.2 AMENDMENTS, UPDATES, AND CHANGES
The COMPANY has the right, at any time, in its sole discretion, to change the
functionality and the content of any of KAD BUSTER Ecosystem. In case that would
cause a reduction in the User’s rights, the COMPANY will notify the Users about such change, in which case the notified User shall have the right to discontinue the use of his/her Account on KAD BUSTER Ecosystem and to terminate these Terms of Use. In order to improve its services, the COMPANY reserves the right to make automatic (without a specific request for the User’s consent) technical updates and changes to KAD BUSTER Ecosystem or any of its components. In order to ensure the effectiveness of those updates and changes and the possibility of extending the use of KAD BUSTER Ecosystem, the User hereby consents to the introduction of automatic updates and changes.
11.3 TERM, SUSPENSION, AND TERMINATION
The term of these Terms of Use commences on the date the User first indicates his/her acceptance of these Terms of Use and will continue in effect until terminated in accordance with these Terms of Use.
In particular, but not exclusively, the COMPANY has the right to terminate these Terms of Use with the User if the User violates any applicable law, or breaches these Terms of Use, and/or Special Rules, or the User does not use his/her Account on KAD BUSTER Ecosystem for a period of twelve (12) or more months.
Both the COMPANY and the User have the right to terminate these Terms of Use at any time with immediate effect. Such termination does not require any fault or any other specific reason.
The User has the right at any time, without notice to the COMPANY, and without explanation, to discontinue the use of his/her Account on KAD BUSTER Ecosystem. In order to do this, the User may send his/her enquiries to Service Support via contact@kadbuster.com.
The COMPANY has the right to terminate these Terms of Use with the User if the User breaches these Terms of Use, in which case no refund, inter alia, of the Wallet, will be granted.
The COMPANY reserves the right at any time, with a reasonable notice to Users, to suspend access to and the availability of KAD BUSTER Ecosystem or any of its components, in particular, but not exclusively if the COMPANY ceases providing KAD BUSTER Ecosystem services.
These Terms of Use may be modified by the COMPANY at any time. Any amendment to the Terms of Use shall be notified to the Users. The User shall undertake to independently check the Terms of Use with respect to the amendment. If not agreed, User shall have the right to discontinue the use of his/her Account on KAD BUSTER Ecosystem.
In case of termination of these Terms of Use, Sections 6, 7, 8 and 11 remain in force.
11.4 GOVERNING LAW AND DISPUTE RESOLUTION
Unless otherwise expressly provided by applicable law, these Terms of Use shall be governed and construed by the current law of England and Wales. All disputes arising in connection with these Terms of Use are subject to mandatory pre-trial settlement by the COMPANY and the User via support as indicated in Section 11.4 hereof, or the User may send a claim letter to the following address: Level 27, centrepoint north tower, mid valley city, 59200, kuala lumpur, malaysia. In case of failure to reach agreement during the pre-trial settlement of the dispute, it is to be submitted for final settlement to the court having jurisdiction in the location of the COMPANY unless otherwise expressly provided by applicable law.
Any claim that the User may have against the COMPANY in connection with his/her use of KAD BUSTER Ecosystem shall be brought by the User within one (1) year or such other term under applicable law from the moment when such claim arose or when the User knew or should have known the facts that gave rise to such claim, whichever is later. If the User fails to bring his/her claim within the time period specified herein, it shall be time-barred.
11.5 SEVERABILITY
The invalidity of one or more provisions of these Terms of Use pursuant to an order of a court does not result in the invalidity of the remaining provisions of these Terms of Use, which shall continue to have full legal force and effect. In the event that one or more provisions of the Terms of Use are found to be invalid, the COMPANY and the User agree to fulfil the intended meaning of these Terms of Use as closely as possible.
11.6 CONTACT INFORMATION
Users can contact the COMPANY through contact@kadbuster.com to receive more information and to send support requests.