Terms and Conditions
THE FOLLOWING ARE THE TERMS & CONDITIONS BY WHICH THIS WEBSITE IS REGULATED. IF YOU ARE USING THIS WEBSITE, YOU SHALL BE BOUND BY THE TERMS AND CONDITIONS LAID OUT IN THIS END USER AGREEMENT.
PLEASE READ THIS END USER AGREEMENT CAREFULLY. For Ages above 18 only.
This End User Agreement governs your use of www.callbreakempire.com "Callbreak Empire", the mobile game application, its website, its software, their associated upgrades, patches, and updates and related services (the "Product") currently provided or which will be provided by FABZEN TECHNOLOGIES PRIVATE LIMITED.
Any person ("User") utilizing www.callbreakempire.com or the Callbreak Empire App for availing of the online gaming services offered therein or participating in the various tournaments and games, being conducted on Callbreak Empire shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Callbreak Empire in relation to any Callbreak Empire Services.
Callbreak Empire shall be entitled to modify these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Callbreak Empire in relation to any Callbreak Empire Services at any time, by posting the same on the Callbreak Empire app or website. Use of Callbreak Empire constitutes the User's acceptance of such Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Callbreak Empire in relation to any Callbreak Empire Services, as may be amended from time to time. Callbreak Empire may also notify the user of any change or modification in these Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Callbreak Empire, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Callbreak Empire. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations, and terms of use referred to herein or provided by Callbreak Empire.
Certain Callbreak Empire Services being provided on Callbreak Empire may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail.
TO ENTER INTO THIS END USER AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN INDIA AND NOT FROM ANY OF THE FOLLOWING STATES WHICH HAVE BANNED ALL TYPES OF REAL MONEY GAMES. THAT YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, AND UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS).
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU ARE NOT ELIGIBLE TO ENTER THIS AGREEMENT. PLEASE STOP USING THIS WEBSITE IMMEDIATELY.
If you continue using this website or the Software and its Services, by downloading or using the Software, you are agreeing to Callbreak Empire's Terms of Service and acknowledge that you have read its Privacy Policy.
Certain words or phrases are defined to have certain meanings when used in this Agreement. Those words and phrases are defined below in Section 24.
All title, ownership rights and intellectual property rights in and to the Product (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Product, individually or in combination) and any and all copies thereof are owned by Fabzen Technologies Pvt Ltd. ("Fabzen"). The Product is protected by national and international laws, copyright treaties and conventions and other laws.
Callbreak Empire has a similar gameplay to the original callbreak card game, and grants you a personal, non-exclusive, non-transferable, non-sublicensable limited right and license to install and/or use the Product and Services for your personal, non-commercial use (the "License") for such time until either You or Callbreak Empire terminates this EUA. The rights that www.callbreakempire.com grants you under the License are subject to the terms of this Agreement, and you may only make use of the License if you comply with all applicable terms. Updates, upgrades, patches, and modifications may be necessary in order to be able to continue to use the Product on certain hardware. The License becomes effective on the date you accept this Agreement. The Mobile Software is licensed, not sold, to you; the License does not grant you any title or ownership in the Software.
As applicable, certain parts of the Product may be using third-party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. Please follow clause 12 for the same.
3.1 You are not permitted to do any of the following with respect to the Product or any of its parts:
3.2 While using the Product, you agree to comply with all applicable laws, rules and regulations. You also agree to comply with certain rules of conduct that govern Your use of the Product, which are not meant to be exhaustive and can be modified at any time by Fabzen. In all cases, you may only use the Product according to the anticipated use of the Product. For example, for purposes, and without limiting Fabzen's rights to take action against You, You may not:
Any non-compliance by you with this Clause may also be a violation of our or third parties intellectual property and other proprietary rights, which may subject you to civil liability and/or criminal prosecution.
If we suspect that you are or receive notification that you are currently under 18 years or were under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) when you played any game through our Service, your Account will be suspended (locked) to prevent you from playing further or making any withdrawals from your Account. We will then investigate the matter, including whether you have been playing the game as an agent for, or otherwise on behalf, of a person under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you). If, having found that you: (a) are currently; (b) were under 18 years or below the majority age which applies to you at the relevant time; or (c) have been at the behest of a person under 18 years or below the majority age, wherein:
In the event we suspect you are in breach of the provisions of this Clause or are attempting to rely on them for a fraudulent purpose, we reserve the right to take any action necessary in order to investigate the matter, including informing the relevant law enforcement agencies.
Users agree to abide by these following stipulated rules, regulations, and terms of use of the Website. In the event, the User does not abide by these following rules, regulations, and terms of use, Callbreak Empire may, at its sole and absolute discretion, take necessary remedial action, including but not limited to: restricting, suspending, or terminating any User's access to all or any part of Callbreak Empire's Services;
Without limiting the foregoing, Users agree not to use Callbreak Empire for any of the following:
If a User chooses a username that, in Callbreak Empire's considered opinion is obscene, indecent, abusive or that might subject Callbreak Empire to public disparagement or scorn, Callbreak Empire reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username from Callbreak Empire, and/or deny such User access to Callbreak Empire, or any combination of these options.
Unauthorized access to Callbreak Empire is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Callbreak Empire by any means other than through the interface that is provided by Callbreak Empire for use in accessing Callbreak Empire. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our app.
Use of Callbreak Empire is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Callbreak Empire's right to comply with government, court, and law-enforcement requests or requirements relating to Users' usage of Callbreak Empire.
Users may contact Callbreak Empire's Helpdesk with problems or questions, as appropriate.
Persons below the age of eighteen (18) years are not allowed to play/register/use any of the Callbreak Empire & consequent participation in any activity on Callbreak Empire is not permitted and such person is subject to disqualification at the sole and absolute discretion of Callbreak Empire, whenever it comes to the knowledge of Callbreak Empire.
Callbreak Empire may involve an element of financial risk and may be habit-forming. Please play responsibly and at your own risk.
During gameplay, please be aware of your surroundings and play safely. You agree that your use of the apps and play of the games is at your own risk, and it is your responsibility to maintain such health, liability, medical life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the services. You also agree not to use the Apps to violate any applicable law, rule, or regulation or the guidelines and how to play, and you agree not to encourage or enable any other individual to violate any applicable law, rule or regulation, or the guidelines. Without limiting the foregoing, you agree that in conjunction with your use of the Apps, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault, or threaten people, will not impersonate any other person or misrepresent your affiliation, title or authority, and will not otherwise engage in activity that may result in injury, self-harm, habit-forming patterns, and/or liability of any kind. Callbreak Empire and its developers disclaim liability related to injury, self-harm, and/or habit-forming patterns that may occur during your use of our services, including any claims based on the violation of any applicable law, rule or regulation or your alleged negligence or other tort liability.
If You believe that you are forming a habit of gaming which is problematic, notify Callbreak Empire by email or through the in-game live Hosts, if provided. Callbreak Empire policy does not provide you with an option to self-set or change deposit limits at your discretion; rather your identity will be confirmed, and your account will be closed for real money gaming activity, for a prescribed period. Callbreak Empire reserves the absolute right to itself to review or use third-party verification to review player activity in the Games or as reported by other gaming operators to profile and remove a player's access in its sole discretion.
These are some general guidelines that can help make your playing experience safer, and avoid the risk that you may indulge in excessive gaming and addiction:
Further, in the event that you have a dispute with one or more other users of the apps, or any other third party while using the services, you release Callbreak Empire and its developers from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed, and undisclosed, arising out of or in a way connected with such disputes.
When You are using the Products, our server or an affiliated third party may monitor Your hardware random access memory (RAM) for unauthorized third-party programs/codes prohibited by Section 2&3 that interact with the Products. That you give Callbreak Empire, all the rights and accent to monitor and record your gameplay at any stage they might deem fit. In the event that we or our affiliates detects any such unauthorized third-party program or restricted use laid out in Clause 2& 3, information may be communicated back to Callbreak Empire, including the name of your Account, details about the unauthorized activities detected, and the time and date that the unauthorized third-party program was detected, along with the hardware specifications and performance characteristics of Your hardware, with or without additional notice to You. If the Products detect the use of an unauthorized third-party program, this License and Your access to the Products may be terminated with or without additional notice to You. In that event, all your winning may be forfeited by Callbreak Empire, and the general clauses of Refund & Termination shall not be applicable. And further you give Callbreak Empire full rights to detect your in-app activities as per RBI-based AML Policy. Callbreak Empire is allowed to report to the concerned authorities if your in-game activities go against the Laws of India.
However, please note that Callbreak Empire is not responsible for and does not endorse the opinions, advice and/or recommendations displayed or sent by You in the Products, including in-game chats. Such communications are the sole responsibility of the user in question.
Callbreak Empire charges a Platform Fee from the User(s), for making available their e-platforms where the games of skill & other contents are available and providing the service to the Users to participate in those games of skill or consume the content as offered.
The Platform Fee for all the products/games is a fixed rate % of the Designated Amount and under extremely exceptional cases may change accordingly. This can be easily deduced from the Designated Amount and the total prize offered. Users can ask for clarification about the platform fee by contacting us at [email protected].
Callbreak Empire's focus is 100% customer satisfaction & safety. In the event of an error in the transaction, wrongful transfers, mistaken identity, or any other issues that can be verified and proven, we will refund the money in question to the user, provided the reasons are genuine and proved after investigation. Please read the guidelines on each league, contest, tournament, or service we provide before paying for it, it provides all the details about the services we provide and the contest entries users purchase. In case of dissatisfaction with Callbreak Empire's services, clients have the liberty to cancel their purchases and request a refund from us. To know more about our Refund & Cancellation policy, visit Refund and Cancellation on our website or press here.
You may cease to use our gaming services and cancel your account by emailing us at [email protected] with a clear explanation of your intention and duration from 48 hours to 6 months. After evaluating your case, at our discretion, www.callbreakempire.com will refund your account balance minus any bonuses, incentives or promotional offers credited to your account within 10 working days and terminate your account. Please note, that any account actions you take after emailing your request for terminating your account, including, but not limited to, playing cash games, tournaments, depositing and withdrawing money, will be deemed as actions taken solely by you and Callbreak Empire shall not be responsible for your actions.
To know more about our Refund and Cancellation policy please click here.
For cancellations on transactions already completed, please contact us via the Contact Us section on the apps or the website.
Without limiting any other rights of Fabzen, this Agreement will terminate automatically without notice if you fail to comply with any of its compulsory terms and conditions. You may also terminate this Agreement by deleting all copies of the Software. Upon any termination, the License will automatically terminate, and you may no longer exercise any of the rights granted to you by the License, and you must destroy all copies of the Software in your possession. Except as expressly stated otherwise herein or to the extent required by law. Callbreak Empire may terminate your account in compliance with any executive or regulatory body. Callbreak Empire is under no compulsion to justify such action to any user.
Except as expressly stated otherwise herein or to the extent required by law, or our standard practice, in the case of any material breach of this End User Agreement, all payments and fees are non-refundable under all circumstances, regardless of whether this Agreement has been terminated.
To know more about how your data is handled by Callbreak Empire, please visit Privacy Policy on our website or press here. We make every effort, including periodic reviews, to ensure that the personal information you provide is used in conformity with the Privacy Policy. If you have any concerns about our adherence to this Privacy Policy or the manner in which your personal information is used, kindly write to us [email protected] . We'll contact you, and if required, coordinate with the appropriate regulatory authorities to effectively address your concerns.
Callbreak Empire reserves the right to retain player information for an indefinite period of time to enforce the End User License Agreement Callbreak Empire, prevent fraud, resolve a claim, or comply with any other acts permitted by law. Callbreak Empire reserves such rights, whether an account is terminated by Callbreak Empire or at the request of the player, data is retained for the lifetime of the game. In case a user wants Callbreak Empire to delete all their data from their backup, they must email us on [email protected] requesting to remove all the data effectively.
Fabzen may provide patches, updates, or upgrades to the Callbreak Empire's Mobile Applications that must be installed in order for you to continue to use the Software or Services. Fabzen may update the Software remotely without notifying you, and you hereby consent to Fabzen applying patches, updates, and upgrades. Fabzen may modify, suspend, discontinue, substitute, replace, or limit your access to any aspect of the Software or Services at any time. You acknowledge that your use of the Software or Services does not confer on you any interest, monetary or otherwise, in any aspect or feature of the Software or Services, including but not limited to any in-game rewards, achievements, or character levels. You also acknowledge that any character data, game progress, game customization or other data related to your use of the Software or Services may cease to be available to you at any time without notice from Fabzen, including, without limitation, after a patch, update, or upgrade is applied by Fabzen. Fabzen does not have any maintenance or support obligations with respect to the Software or Services.
If you provide Fabzen with any Feedback, you hereby grant Fabzen a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to use, reproduce, distribute, modify, adapt, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation in any country. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Fabzen is not required to make any use of any Feedback that you provide. You agree that if Fabzen makes use of your Feedback, Fabzen is not required to credit or compensate you. You represent and warrant that you have sufficient rights in any Feedback that you provide to Fabzen to grant Fabzen and its affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
Callbreak Empire may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. Callbreak Empire does not exercise control over any Internet sites apart from Callbreak Empire, and cannot be held responsible for any content residing in any third-party Internet site. Callbreak Empire's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Callbreak Empire of such third-party Internet sites. Callbreak Empire is using Appsflyer, a 3rd party service to track and enhance the marketing and Ad Campaigns for Callbreak Empire and their users.
Callbreak Empire processes users' correspondence, transactions, or related activities with a third party namely Cashfree, who are our integrated payment getaway providers and financial service providers. In case we change our 3rd party service providers, we shall update the same here for you, here. Users' correspondence, transactions, and usage of the services of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. User agrees that Callbreak Empire will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party service should be directed to the appropriate vendor.
Callbreak Empire contains content that is created by Callbreak Empire as well as content provided by third parties. Callbreak Empire does not guarantee the accuracy, integrity, or quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Callbreak Empire's Services provided on Callbreak Empire, including while participating in any of the contests hosted on Callbreak Empire.
The Software and Services are provided on an "as is" and "as available" basis, "with all faults" and without warranty of any kind. Fabzen, its affiliates, and its and their licensors and service providers (collectively, the "Fabzen Parties") disclaim all representations, warranties and conditions (whether express or implied) with respect to the Software and Services, including, without limitation, regarding non-infringement, merchantability, or fitness or suitability for any purpose (whether or not Fabzen knows or has reason to know of any such purpose), whether arising under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, the Fabzen Parties make no warranty that (1) the Software or Services will operate properly at all times, (2) the operation of the Software or Services will be uninterrupted or free of bugs, errors, or malware (such as viruses), or (3) any defects in the Software or Services can or will be corrected. This paragraph will apply to the maximum extent permitted by applicable law.
Users shall access the Callbreak Empire's Services provided on Callbreak Empire voluntarily and at their own risk. Callbreak Empire shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, or loss of property) by Users or any other person or entity during the course of access to the Callbreak Empire's Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the Callbreak Empire applications/website and accessing the Callbreak Empire's Services provided therein, Users hereby release from and agree to indemnify Callbreak Empire, and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Callbreak Empire's Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
Callbreak Empire accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties.
Users shall be solely responsible for any consequences which may arise due to their access to the Callbreak Empire's Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Callbreak Empire's Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify Callbreak Empire and their respective officers, directors, employees, and agents on the happening of such an event (including, without limitation, cost of an attorney, legal charges, etc.) on a full indemnity basis for any loss/damage suffered by Callbreak Empire on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Callbreak Empire harmless from any third party/entity/organization claims arising from or related to such Users' engagement with the Callbreak Empire or participation in any Contest. In no event shall Callbreak Empire be liable to any User for acts or omissions arising out of or related to the Users' engagement with Callbreak Empire or his/her participation in any Contest(s).
In consideration of Callbreak Empire allowing Users to access the Callbreak Empire's Services hosted on Callbreak Empire, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Callbreak Empire, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Callbreak Empire's Services or related to the Contests or the prizes of the Contests.
You agree to indemnify, pay the defence costs of, and hold harmless Callbreak Empire, the Fabzen Parties and their respective employees, officers, directors, agents, contractors, and other representatives from all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that arise from or in connection with (a) any claim that, if true, would constitute a breach by you of this Agreement or negligence by you, (b) any act or omission by you in using the Software or Services, or (c) any claim of infringement or violation of any third party intellectual property rights arising from Fabzen's use of your Feedback. You agree to reimburse the Fabzen Parties on demand for any defence costs incurred by the Fabzen Parties and any payments made or loss suffered by the Fabzen Parties, whether in a court judgment or settlement, based on any matter covered by Sections 3 & 4.
If you are prohibited by law from entering the indemnification obligation above, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys' fees, costs, and expert witnesses' fees) that are the stated subject matter of the indemnification obligation above.
As used in the above indemnity provisions, the term "Fabzen Parties" includes the developer of a Software or Service licensed to you under this Agreement (whether Fabzen, its affiliate or a third party) unless you have agreed to Software Specific Terms for that Software or Service that include an indemnity of the developer.
Awards for all Tournaments & Contests shall be pre-declared at the time of registration in the specific rules applicable to such Tournaments & Contests. Awards may be in the form of cash or promotional gifts.
Users are eligible to withdraw only game Winnings or cash Winnings from his/her Account to his/her respective bank/wallet account once it is validated and KYC (Know Your Customer) verified. KYC is mandatory if you are withdrawing more than the designated KYC withdrawal limit from your winning wallet.
Please ensure Your bank account/UPI ID is active, failing which, we will be unable to process the withdrawal; and
www.callbreakempire.com validates the user account upon initial withdrawal through KYC verification. Callbreak Empire also reserves the right to carry out the KYC procedure when a user reaches an aggregate lifetime withdrawal of the designated KYC withdrawal limit. In case of withdrawal through a bank account or UPI, please ensure that the name on Your KYC document matches/is the same as the name of the account holder submitted for withdrawing Winnings. In the event the name on the KYC document does not match the account holder's name, the same shall be considered invalid. In such an event, you may retry adding your bank account details/UPI ID to ensure the name matches the name on your KYC document.
KYC verification is mandatory as proof of identity for making withdrawals from Your Account to Your bank/wallet account. KYC verification may be done through the Platform by providing certain details: (i) photograph of a valid government ID (Aadhaar Card, PAN Card, etc.); and (ii) other User Details.
Guideline for the "KYC Process" Proof of ID:
If you opt to provide your Aadhar card/Number for completion of KYC, you hereby: (i) Understand and agree that your Aadhar has been submitted only for the completion of Your KYC verification; (ii) You authorise Us to temporarily access Your Aadhar card and You understand that We will not be storing Your Aadhar number unless as prescribed by law. (iii) Callbreak Empire does not issue receipts for entries in the Contests. The entries are accounted for within the Account of the Platform. It is the responsibility of the User to ensure that the entries are accurate and the Winnings are duly credited to his/her Account. (iv) Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game.
Any promotional code provided to you to purchase or redeem for using the Software Facilities and/or Services may be subject to additional terms and conditions associated with the promotion, offer, or coupon. When you provide a payment card, promotional code, or other payment methods to Callbreak Empire to make a purchase, you represent to Callbreak Empire that you are the authorized user of the payment method, and you authorize Callbreak Empire to charge your payment method for the purchase amount, including applicable deductions or taxes (if any). You are responsible for all transactions made through your Callbreak Empire accounts.
The decision of Callbreak Empire with respect to the awarding of prizes shall be final, binding, and non-contestable. Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Andhra Pradesh, Tamil Nadu, Nagaland, Sikkim, or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Callbreak Empire shall disqualify such Participant and forfeit any prize won by such User. Further Callbreak Empire may, at its sole and absolute discretion, suspend or terminate such Participant's account with Callbreak Empire by applying proper justifications (if needed).
Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with Callbreak Empire, subject to the processing fee (if any) applicable on such transfers as set out herein. If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Callbreak Empire shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize.
Further, Callbreak Empire may, at its sole and absolute discretion, suspend or terminate such Participant. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged/redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind. Callbreak Empire further reserves the right to investigate and validate accounts of any suspicious amount which may be deemed necessary as per the KYC and AML regulations laid out by RBI.
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2023, the TDS rate prescribed by the Government of India with respect to any prize money amount is 30% of the net winning amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Callbreak Empire in accordance with the then-current prescribed TDS rate & threshold. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money in real-time.
As per the CGST (Amendment) Act, 2023, and IGST (Amendment) Act, 2023, all deposits made by the User shall be subjected to 28% GST (Goods and Services Tax). As of October 1, 2023, the GST rate prescribed by the Government of India with respect to any deposits made by the Users is 28% of that deposited amount. Accordingly, the GST portion of the User's deposited amount will be paid on behalf of the User by Callbreak Empire to the Government. The User understands that the amount deposited by the User will not be deemed as inclusive of GST. The User shall be liable to pay for any other taxes/duties/levies.
If you have any concerns or questions regarding these Terms, you should contact our Customer Service Department via the links on the Website and use your Registered Email Address in all communication with us.
Disputes must be lodged within three (3) days from the date of the game in question which was been played by the complainant user. No claims will be honoured after this period. The Customer is solely responsible for their Account transactions. In the event of a dispute arising between you and us, our Customer Service Department will attempt to reach an agreed solution. Should our Customer Service Department be unable to reach an agreed solution with you, the matter will be escalated to our Legal Team.
You agree that this Agreement will be deemed to have been made and executed in the Bangalore, India and any claim shall be settled herein. You and Fabzen agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We have put this up front (and in caps) because it is important:
TO ENTER INTO THIS LICENSE AGREEMENT, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY/ STATE OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, AND UNDERSTAND AND ACCEPT THIS AGREEMENT (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOU ARE NOT ELIGIBLE TO ENTER THIS AGREEMENT. ANY CLAIM MADE BY ANY USER BELOW THE AGE OF MATURITY SHALL DEEM TO BE NULL AND VOID.
If you use third-party Software or Services, the privacy policy of the applicable licensor or publisher may also govern your use of that Software or Services. By downloading or using the Software, you also agree to Fabzen's Terms of Service and acknowledge that you have read Fabzen's Privacy Policy.
Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting Fabzen customer support at [email protected] . But we understand that sometimes disputes cannot be easily resolved internally. This Section explains how You and Fabzen agree to resolve those disputes, including (where applicable) binding, individual arbitration.
Arbitration is an alternative dispute resolution (ADR) procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Fabzen is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both, you and Fabzen.
If you have an issue that our customer support cannot resolve, prior to starting arbitration You and Fabzen agree to attempt to resolve the dispute informally to help get us to a resolution and control costs for both parties. You and Fabzen agree to make a good-faith effort to negotiate any dispute between us for at least 30 days ("Informal Resolution"). Those informal negotiations will start on the day You or Fabzen receive a written Notice of a Dispute occurrence in accordance with this Agreement.
You will send your Notice of Dispute to Fabzen Technologies Private Limited., Legal Department, ATTN: NOTICE OF DISPUTE, Plot No. 77, 5th floor, JBR Tech Park, 6th Rd, EPIP Zone, Whitefield, Bengaluru - 560066. Include your name, the account name you use while using the Software, your address, how to contact you, what the problem is, and what you want Fabzen to do. If Fabzen has a dispute with You, Fabzen will send our Notice of Dispute to your registered email address and any billing address You have provided us.
If the dispute is not resolved within by Informal Resolution, You or Fabzen may start arbitration in accordance with this Agreement.
THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.
You and Fabzen agree that Disputes will be settled by binding, individual arbitration conducted by the Arbitration and Conciliation Act, 1996 as conveyed by this Agreement.
This means that You and Fabzen agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator (a mutually agreed arbitrator) that makes the final decision to resolve the Dispute. This shall enable us to use experienced professionals to arbitrate disputes, which helps You and Fabzen resolve any disputes fairly, but more quickly and efficiently than going to court. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.
The arbitrator's decision is final, except for a limited review by courts under the Arbitration and Conciliation Act, 1996, and can be enforced like any other court order or judgment. You and Fabzen agree that whether a dispute is subject to arbitration under this Agreement will be determined by the arbitrator rather than a court.
Nothing in this clause shall stop www.callbreakempire.com from informing the executive authorities regarding any non-compliance as per clauses (3) & (4) and/or in the event of any financial or cyber-crime as per IT Act, 2000 & the Indian Penal Code, when we may deem fit and necessary.
If all or any provision of this Binding, Individual Arbitration Agreement is found invalid, unenforceable, or illegal, then You and Fabzen agree that the provision will be severed and the rest of the agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, You and Fabzen agree that it will not be severable; this entire Binding Individual Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Fabzen's express consent.
You cannot assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement, and any attempt without that consent will be null and void. If restrictions on the transfer of the Software in this Agreement are not enforceable under the law of your country, then this Agreement will be binding on any transferee of the Software. Fabzen may at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.
Caution: A User is hereby debarred, under this End User Agreement, to sell, transfer or assign his user account to any other individual. Be informed, that your user data is specifically allotted to your usage and is not transferable to any third party. If we find reasons to believe that a user has been non-compliant to this clause, Callbreak Empire may, at its own discretion, and without any further notice, cancel, stop, or delete the account which might have been assigned to another user. On that occasion, our Refund Policy shall not follow.
As used in this Agreement, the following capitalized words have the following meanings:
"Fabzen" means, Fabzen Technologies Private Limited, Inc., a private limited company, its principal business office is at Plot No. 77, 5th floor, JBR Tech Park, 6th Rd, EPIP Zone, Whitefield, Bengaluru - 560066.
"Feedback" means any feedback, or suggestions that you provide to Fabzen regarding the Software, Services or other Fabzen products and services.
"Products" means the mobile applications of Callbreak Empire developed by Fabzen Technologies. Any mention of Products as a subject or anything pertaining to the usage of a product, as being referred to shall mean Callbreak Empire.
"Software Specific Terms" means additional terms and conditions specific to a particular Software or Service.
"Services" means any services made available to you through the Software, including services to purchase games, download, or use video games or other Software or Services.
"Software" means the Real Money Application games provided by "Callbreak Empire" which is the subject matter of the End User Agreement. All the terms and clauses laid down before were in connection with Callbreak Empire. The term "Software" also includes any patches, updates, and upgrades to such Software, and all related content and documentation provided with or for the Software, additionally including but not limited to all software code, titles, themes, objects, characters, names, dialogue, catchphrases, locations, stories, artwork, animation, concepts, sounds, audio-visual effects, methods of operation, and musical compositions that are related to such Software, and any copies of any of the foregoing.
"Confidential Information" means (a) the Products and (b) the confidential or proprietary information delivered under this Agreement except for information which (i) was known to the recipient at the time of disclosure; (ii) is or becomes publicly available without fault of the recipient; and (iii) is lawfully obtained by the recipient from a third party without confidentiality restrictions.
Fabzen may issue an amended Agreement at any time at its discretion by posting the amended Agreement on its website or by providing you with digital access to the amended Agreement through the Software or other means. If any amendment to this Agreement is not acceptable to you, you may terminate this Agreement in accordance with Section 8 or 9 before such amended Agreement becomes effective, upon which you must stop using the Software. Irrespectively by using the Software after the amended Agreement becomes effective or otherwise, this shall indicate your acceptance of the amended Agreement, and that you are agreeing to be bound by the terms of the amended Agreement.