Last updated:September 30, 2024

Welcome to Nexgen Gaming Holding Limited!

Nexgen Gaming Holding Limited (“we”, “us”, “our” or “the Company”) provides information and game boosting products and services which enables users (“you” or “your”) to play games faster in various ways (“the Services”) in accordance with the following terms and conditions which will constitute the agreement between you and the Company regarding your use of our services (hereinafter referred to as "this Agreement"). In order to protect your own rights and interests, please carefully read the specific expressions of each clause before using the services of the Company. If you click Agree, Accept or Next, or if you register or use our services, you shall be deemed to have read and accepted all the contents of this Agreement.

You understand that the Terms of Service, the platform rules and their revised versions are all supplementary agreements to this Agreement, which are inseparable from this Agreement and have the same legal effect. If you use the products or services of the Company, you are deemed to have agreed to the above supplementary agreement.

You hereby represent and warrant that you have the full legal capacity, power, authority and right to enter into and exercise your rights and perform your obligations under the Agreement.

This Agreement will be updated from time to time. If we make any material or substantial changes, we will notify you as required under applicable laws, including by posting a notice in the Service or on the website (http://www.kalebooster.com) prior to the change becoming effective. Your continued use of the Service after the effective date will be subject to the new version. Please check this page frequently for updates or changes to this Agreement.

Intellectual Property

You understand and agree that unless otherwise stated by the Company, the Company owns or is licensed to (as the case may be) all Intellectual Property Rights in the Services. You further agree that the Company owns all Intellectual Property Rights in all derivative works (including without limitation any reports, test results and analyses) generated by the Services from the User Content. You can only use the Services for non-commercial purposes. Any commercial use without permission will constitute an infringement of our rights.

You undertake that unless authorized by the Company in writing you shall not (and shall not allow, encourage or facilitate any third party to) lease, lend, sell, distribute, copy, modify, repost, compile, release, publish, reverse engineer, decompile, or otherwise obtain the source code underlying the Services.

The logo of the Company, and other texts, graphs and combination thereof, as well as other logos, marks, product names and service names of the Company involved in the Services are all trademarks of the Company and its Affiliates. Without the written authorization of the Company, you shall not display, use or otherwise process any of the said trademarks in any way, or represent to others that you have the right to do so.

Notification of Infringement

We reserve the right to investigate notices of copyright, trademark and other intellectual property infringement in respect of Content and other material on the Services (“Infringing Material”) and take appropriate action.

If you believe that your work has been used or copied in a way that constitutes infringement of your Intellectual Property Rights and such infringement is occurring on the Services, please notify us in writing immediately in the form prescribed by applicable laws (“Infringement Notice”). All such Infringement Notices shall be sent to us at the following email address: business@kalebooster.com

You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on third party sites.

Disclaimer

The Services are provided on an “as is” and “as available” basis. No warranty of any kind, implied, express or statutory, including but not limited to any warranties of title, non-infringement of third-party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or other malicious, destructive or corrupting code, agent, program or macros, is given in conjunction with the Services or any information, products and materials provided through the Services.

Without prejudice to the generality of the foregoing, and to the extent permitted by Applicable Laws, the Company does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the Services; (ii) that your use of and/or access to the Services, or the operation of the Services, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the Services will meet your requirements or that the Services are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; (iv) that use of the Services by you will not infringe rights of third parties; or (v) that the products, services, materials and information provided through the Services are appropriate or available for use in your jurisdiction. In the event that the laws of the jurisdiction you are in do not permit or impose restrictions on the access to any content on the Services, you shall forthwith discontinue access to such content or comply with such restrictions (as the case may be).

Account Registration and Usage

You can create a game account so that you can better use our services. At the time of registration, you may use some information (email address, etc.) acceptable to the Company for identification or verification. In any event, you shall ensure that all information provided to the Company is and remains true, accurate and complete.

You understand and agree that the Account name, icon, profile and other information set by you shall not include any illegal or offensive information, and that you shall not impersonate any other person or entity, register an Account for another person or entity without his/her/its consent, adopt an Account name that is confusingly similar to another Account, or use usernames that may infringe upon the rights or interests of others (including but not limited to infringement of a third party’s trade mark or other similar rights). Otherwise, the Company has the right to reject your registration, terminate the provision of Services to you and/or cancel your Account, with any and all Losses incurred therefrom solely borne by you.

The Company may require that you comply with security procedures prescribed by it from time to time to access your Account. You hereby undertake to keep your Account and any security credentials (for example, passwords) secure and not disclose such credentials to any third party or allow a third party to use the same. We shall deem all activities undertaken in respect of any Account following any successful login to the Account with the use of such credentials to have been carried out by you, and you agree to be bound by and liable for all such activities.

You understand and agree that the ownership of the Account shall belong to the Company and you only have the right to use such Account subject to the terms of the Agreement. The right to use an Account shall only be vested in the original applicant for registration and shall not be transferred or provided to others in any manner, and the Company has the right upon the breach of this Clause to repossess such Account immediately without further notice and any and all Losses caused by the deletion and loss of all data and information generated during your use of the Services shall be solely borne by you.

You undertake to notify the Company immediately if your security credential or Account is used without authorization or in case of any other security breach, and to the maximum extent permitted under applicable law, you agree and acknowledge that the Company will not be liable for any Loss caused under such circumstance. Unless otherwise required by applicable laws and only with the consent of the Company, your Account and password may not be assigned, transferred or shared in any manner.

Code of Conduct

You fully understand and agree that the Company only provides a service platform to you and you shall be responsible for all acts and omissions using the Services. Unless otherwise specified, the Services hereunder shall be used for non-commercial purposes only. You undertake not to duplicate, copy, sell, resell or use any part of the Services or the use or acquisition thereof for any commercial purposes including but not limited to advertising.

In connection with using or accessing our Services you agree to comply with this Agreement, notices, guidelines and operating rules and policies pertaining to the use of the Service which the Company issues from time to time, and all Applicable Laws. These notices, guidelines and operating rules and policies will generally be issued to you via email and/or publication on our websites or such other method of notification as may be designated by the Company, which you acknowledge shall be sufficient notice for the purpose of this clause.

You undertake not to use, or permit any others to use, the Services for any illegal or improper actions, including but not limited to:

(a) breaching or circumventing any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;

(b) using our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

(c) logging in to or using the Services via any third-party software, plug-in or system that is not developed or authorized by the Company, or producing, publishing, or spreading above tools.

(d) taking any action that may undermine the feedback or ratings systems;

(e) transferring your Account to another party without our consent;

(f) sharing your log-in credentials with any third parties;

(g) engaging in gambling;

(h) posting false, inaccurate, misleading, deceptive, defamatory, libelous, or illegal content;

(i) distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

(j) distributing viruses or any other technologies that may harm the Company or the interests or property of users;

(k) using any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of the Company;

(l) circumventing any technical measures used to provide our Services;

(m) interfering with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;

(n) commercializing any application or any information, data, or software associated with such application, except with the prior express permission of the Company; or harvesting or otherwise collecting or use information about users without their consent;

(o) infringing the copyright, trademark, patent, publicity, moral, database, and/or other Intellectual Property Rights that belong to or are licensed to the Company. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to the Company or someone else;

(p) infringing Intellectual Property Rights that belong to third parties affected by your use of our Services or posting content that does not belong to you;

You undertake not to use the Services in any form detrimental to the Company’s business interests, or engage in any acts that may damage or be prejudicial to the Company.

You shall comply with all Applicable Laws in your use of the Services and third-party services, and you hereby warrant and represent that the Company will not be in breach of any Applicable Laws as a result of your opening, operating, accessing and/or using an Account, the Services or Third-party services or taking any other action directly or indirectly through your use of the same.

If we discover or receive reports from others that you have breached the Agreement, the company may in our sole and absolute discretion delete and/or block any Content you have made available on your Account at any time without any notice, and take any further measures as it may see fit, including without limitation to its rights and remedies at law, suspending, terminating or repossessing your Account, restricting, suspending or terminating your use of all or part of the Services.

Advertising

You understand and agree that the Company or our authorized partners may provide you with advertisements or promotional information relevant to the products or services of the Company, its affiliates or third-party products or services in commercial or non-commercial form. You remain solely responsible for verifying the authenticity and reliability of such information. To the maximum extent permitted under applicable law, you shall bear all losses you may suffer by your acting on or in connection with such advertisements or information, and the Company shall not be liable for the same.

Disputes and Governing Law

If a dispute cannot be resolved through negotiations, either you or us may elect to have the dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be held by Hong Kong International Arbitration Centre (“HIAC”). You hereby consent to personal jurisdiction and venue in Hong Kong.

You and us agree that any arbitration or court proceeding shall be limited to the dispute between us and you individually. and YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A class REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR AS A MEMBER OF ANY class OF CLAIMANTS FOR ANY DISPUTE SUBJECT TO ARBITRATION OR ANY DISPUTE BROUGHT IN COURT.

Exclusion of Liability

Under no circumstance shall the Company be liable for any failure of or delay in providing the Services owing to Internet connection failure, breakdown of computers, communication or other systems, power failure, strike, labor dispute, rebellion, insurrection, riot, lack of productivity or production materials, fire, flood, storm, explosion, force majeure, war, government act, order from international or domestic court, or omission of a third party.

The Company shall in no event nor for any reason whatsoever be liable, even if the Company has been advised of the possibility of such Loss, for any Loss, including direct, indirect, special, or consequential damage, or economic loss, arising from or in connection with:

(a) any access, use or the inability to access or use the Services or third-party services, including in connection with any maintenance, breakdown, fault or non-availability of any part of the Service;

(b) your use or misuse of the Services or third-party services;

(c) any defect, error, imperfection, fault, mistake or inaccuracy with the Services or third-party services, its contents or associated services;

(d) errors or omissions in the Content (including User Content);

(e) the use of, access to, or denial of access to Content (including User Content);

(f) any system, server or connection failure, error, omission, interruption, delay in transmission, undeliverable messages, problem with your computer (or such other access or electronic device including but not limited to cellular telephones, smart phones and personal digital assistants), computer virus or other malicious, destructive or corrupting code, agent program or macros;

(g) fees incurred by purchasing or obtaining any product, sample, data or information, or by conducting transaction through the Services or Third-party services, or by other alternative acts;

(h) unauthorized storage, modification or transmission of data;

(i) any services, products, information, data, software or other material obtained through the Services or third-party services, or through the use of the Services or third-party services or reliance on the Services or Third-party services or the contents thereof;

(j) representation or act conducted by a third party through the Services or Third-party services; or

(k) damages caused by other matters relating to the Services or third-party services, including negligence.

Miscellaneous

If any provision of this Agreement is deemed invalid, void or for any reason unenforceable, such provision may be severed and the remaining provisions shall remain legally effective.

Headings are for reference purposes only and do not limit the scope or extent of such section. No failure or delay to exercise the Company’s rights under the Agreement shall operate as a waiver thereof nor shall such failure or delay affect the Company’s right to enforce its rights under the Agreement.

You may not assign your rights under the Agreement without the Company’s prior written consent. You understand and consent that the Company may in its sole and absolute discretion transfer all of its rights and obligations herein to any third party. The Agreement will bind you and the Company and the Company’s respective successors in title and assigns. The Agreement will continue to bind you notwithstanding any change in the Company’s name or constitution or the Company’s merger, consolidation or amalgamation with or into any other entity (in which case the Agreement will bind you to the Company’s successor entity).

Contact Us

You may contact us through the following contact information:

Attention: Nexgen Gaming Holding Limited

Address:Room 1901, 19/F, Lee Garden One，33 Hysan Avenue，Causeway Bay，Hong Kong

E-mail: business@kalebooster.com