-
-
Before you use the platform, please read the following terms and conditions carefully. By using the platform, you signify your agreement to these terms and conditions and you shall be bound by the same. If you do not agree to any of these terms and conditions, do not use the platform.
We reserve the right to change, modify, suspend, or discontinue any portion of the VantaGame Services (as defined below) at any time. We also have the right to impose limits on certain features or restrict your access to parts of, or the entire, Our services in our sole discretion and without notice or liability.
1. General
1.1 This agreement, and all schedules and appendices attached or referred hereto, if any, (“Agreement”) is an agreement between you and VantaGame.com(“VantaGame”, “we”, “us”, or “our” and its related companies/offices are all refer to the Office in the last part of this term).
1.2 This Agreement shall govern, among others,
(a) the provision of the VantaGame Services (as hereinafter defined); and
(b) your use of the Platform (as hereinafter defined).
1.3 The Services are intended for, and may only be used by:
(a) individuals who are 18 years and older who can form legally binding contracts under applicable law, and
(b) individuals who are under the age of 18 with the consent and direct supervision of his/her parent or legal guardian. All transactions carried out by any individual under the age of 18 pursuant to this Agreement shall be deemed to have been approved by his/her legal guardian or parent and such legal guardian or parent shall be responsible for any and all activities conducted by such individual under the age of 18.
(c)Individuals that are not residents in sanction countries or any country or region that is subject to the United Nations/Office of Foreign Assets Control (“OFAC”) economic and trade sanctions and in any other country or region thatVantaGame determines from time to time in its sole discretion.
(d)Individuals that are not designated as terrorists or terrorist associates by the Committees of the United Nations Security Council, OFAC and in any other country or region that VantaGame determines from time to time in its sole discretion.
2. Definitions and interpretations
2.1 In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:Account means the account created and used by you to access or use the Platform;
Business Account means an account to accommodate a larger team or businesses, where they can used shared payments, track orders and progress while consolidating feedback;
Business Day means a day that is not a Saturday, a Sunday or a public holiday or bank holiday in Hong Kong;
Buyer means the purchaser of any Goods and/or Services;
Goods and/or Services means the digital items, goods and/or services displayed, listed and/or offered by the Seller for sale through or on the Platform.
VantaGame Services mean the services and features provided or made available by VantaGamethrough or on the Platform from time to time, including without limitation the services (other than payment services which are provided by a Payment Partner) provided by VantaGame to facilitate the Seller and the Buyer to enter into a Sale Contract with each other;
Information means any information, details, content, dimensions, data, maps, locations, photographs, text, descriptions, specifications, audio or video clips, graphics, and/or other materials;
Intellectual Property Rights mean all rights, titles and/or interests in, to and/or under patents, registered designs, designs, copyrights, names, marks, trade names, trademarks, service marks and logos and all other intellectual, industrial and/or proprietary rights;
Sale Contract means the agreement entered into between the relevant Seller and the relevant Buyer through the Platform for the sale of any of the Goods and/or Services;
Merchant Wallet shall have the meaning ascribed to in Clause 3.15;Unified Wallet means the wallet established by a Payment Partner(s) in the name of VantaGame for the purposes of facilitating transactions on the Platform;
Payment Partner means a payment services provider licensed under the Payment Services Act 2019 that Z2U has partnered with to provide all payment services in connection with transactions carried out through or on the Platform;Seller means a seller registered with VantaGame who displays, lists or offers any Goods and/or Services for sale through or on the Platform;
Personal Data shall have the meaning prescribed to it in the Privacy Policy updated by us from time to time;
Privacy Policy means the policy published byVantaGame on the Platform governing the processing of Personal Data;
Platform means the online platform (website, mobile site or mobile application) developed and/or operated by VantaGame;
Registration Process means the registration process set out by VantaGame for you to register and open the Account with VantaGame;
Representatives means the servants, employees, officers, agents, contractors, workmen, personnel and/or representatives of the relevant party; and
You/your means all users of the Platform, including without limitation the Sellers and the Buyers.
2.2 In this Agreement, unless the context otherwise requires:
(a) denoting the singular include the plural and vice-versa;
(b) words denoting natural persons include bodies corporate and unincorporated;
(c) references to any law, legislation or to any provision of any law or legislation shall include all relevant regulations, statutory requirements and instruments issued under such law, legislation or provision and any variation, modification or re-enactment of any of the foregoing;
(d) headings of this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement;
(e) references to any party to this Agreement or any other agreement or instrument shall include that party’s successors and permitted assigns;
(f) no rule of construction or interpretation applies to the disadvantage or detriment of the party having control or being responsible for the preparation of this Agreement; and
(g) any words following the terms including, include or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
3. Access to the platform
3.1 If you wish to have access to the Platform and VantaGame Services, you shall create an Account with VantaGame in accordance with the Registration Process. Upon successful registration, you may be given access to the Platform and VantaGame Services by logging in to your Account.
3.2 VantaGame shall be entitled to perform a background check on you and shall have the right, in its sole and absolute discretion, to refuse to grant you access to the Platform and VantaGame Services or any part thereof. VantaGame may conduct, at its own discretion or otherwise required by any applicable laws (including but not limited to the applicable AML/CTF laws) or upon a request by a competent legal authority, to conduct, either by VantaGame directly or by an authorised third party service provider, “Know your Client” (“KYC”) checks on you before VantaGame grants access to you to use the Platform and the VantaGame Services. Your use of the Platform and the VantaGame Services is subject to VantaGame’s satisfactory completion of KYC procedures against you and such persons connected to you as VantaGame may determine in its discretion, and you shall cooperate fully with VantaGame or its designated KYC services providers when prompted, including but not limited to providing verification documents.
3.3 You shall be solely responsible for keeping the username and password of your Account confidential and secured at all times and shall immediately notify VantaGame of any unauthorised access to your Account. Any instruction, notification or confirmation received by VantaGame from your Account shall be deemed to have been issued by you notwithstanding that such notification or confirmation may have been issued by a third party, whether authorized or otherwise, and you shall be bound by such instruction, notification or confirmation. VantaGame shall not be liable for acting on the instruction, notification or confirmation sent through your Account. VantaGame shall not be obliged to investigate the authenticity or authority of the person sending/effecting the instruction, notification or confirmation or verify the completeness of such instruction, notification or confirmation
3.4 Unless expressly agreed by VantaGame each person is limited to one Account. No Account may be created on behalf of or in order to impersonate another person. Should VantaGame discover that such a fraudulent Account has been created, VantaGame shall be entitled to immediately suspend the Account and reserves the right to take any further remedial action, including without limitation informing the relevant authorities, without any liability on the part of VantaGame.3.5 You shall closely monitor all activities and transactions carried out through your Account and you shall take all steps and measures to check and verify the transaction history of your Account. You shall immediately notify VantaGame within [thirty (30)] days:
(a) of any unusual activities or transactions in connection with your Account or in the event that any of the activities or transactions are not accurately recorded in your Account;
(b) upon receipt of any incomplete, garbled or inaccurate data or information from VantaGame;
(c) any unauthorised use of your Account or any other breach of security regarding your Account of which you have knowledge; and
(d) upon receipt of any data or information which is not intended for you, and you shall not use or disclose any such data or information without VantaGame’s written consent.
3.6. Notwithstanding anything to the contrary, you agree that we will not compensate you for any loss resulting from any claims for unauthorised use of your Account under any of the following events, as determined at our sole and absolute discretion:
(a) where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
(b) where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your Account log-in details to a third party; and/or
(c) if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorised transactions;
(d) where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond our reasonable control; and/or
(e) where any terminal or system (including the Platform) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
For Buyers
3.7 You may use your Account to transact on the Platform. For security reasons, we may limit the amount or number of transactions you can make through your Account.
3.8 We shall have the right to refuse any transaction on your Account if:
(a) the transaction does not satisfy these Terms and Conditions or any of our other terms and conditions set out on the Platform; or
(b) where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
3.9 You are responsible for all transactions initiated and fees, including but not limited to the costs of the Goods and/or Services, platform fees, shipping fees, payment fees and all applicable taxes incurred by using your Account. If other persons access your Account, we will treat this as if you have authorised such use and you will be responsible for any transactions made and fees incurred by such use. You agree that the Payment Partner(s) shall have the right to deduct or withhold any financial charges or service fees due and payable to us.
3.10 You acknowledge and agree that:
(a) each time you use your Account to carry out such transactions which involves any communication, transaction, instruction and/or operation to be made or performed, processed or effected through your Account, you also authorise us to provide such information to the Payment Partner(s) for facilitating the transaction and providing the requisite payment services. In order for the Payment Partner(s) to provide the requisite payment services to you in connection with your use of your Account, including but not limited to enabling you to make payments in connection with the purchase of Goods and/or Services.
(b) all payments for the Goods and/or Services purchased through our Platform shall be processed through the Payment Partner(s) and paid into such Payment Partner(s)’ safeguarded customer monies account and credited into the Unified Wallet. Your payments may be comingled with payments received from other Buyers and other customers of the Payment Partner(s), and shall be subject to any additional terms of service of such Payment Partner(s). Notwithstanding anything to the contrary in this Agreement or the terms of service of the Payment Partner(s), you acknowledge that VantaGame does not have any control over, whether directly or indirectly, nor access to, the Unified Wallet and any of the funds held therein;
(c) we are not a payment service provider (as defined under the Payment Services Act 2019) and the Account shall be in no way construed to be a “payment account” and the VantaGame Services provided to you in connection with your Account should in no way be construed as the provision of “payment services”.
3.11 For each purchase transaction you make on the Platform and following receipt of the necessary funds by the Payment Partner(s), the Payment Partner(s) shall provide the payment services and be responsible for dealing with such funds in the following manner:
(a) transfer of the funds to the Seller upon your confirmation of receipt of the Goods and/or Services you had purchased;
(b) Transfer of the funds to the Seller upon your failure to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the Platform, in which case you will be deemed to have received the Goods and/or Services;
(c) transfer of the funds upon the conclusion of any settlement agreement or dispute between you and any other user of the Platform, in accordance with such settlement agreement or dispute resolution; or
(d) in the event that VantaGame or any of its affiliates, or the Payment Partner or any of their affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs the release of the funds, dispose of the funds in accordance with such order, ruling, award or judgment.
3.12 If you experience any difficulties with your Account, please contact us . If you have placed an order on our Platform and experience difficulties with your order, please contact customer service.
-
