Terms of service
Effective Date: 2025/12/12
Applicable Scope: All users ("You" or "User") accessing, browsing, or purchasing products from [your official website] (the "Site") operated by Vivid Ads Limited ("We", "Us", or "Our").
By accessing, using the Site, or completing a purchase, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, our Return and Refund Policy (effective date: 2025/12/12), and Privacy Policy (collectively "Agreements"). Your acceptance of these Terms is evidenced by either clicking an "I Agree" button during account creation or purchase, or by continuing to use the Site—this click-wrap acceptance is recognized as valid under Hong Kong’s Electronic Transactions Ordinance (Cap. 553) . If you do not agree to any part of these Agreements, you must not use the Site or purchase our products.
I. Eligibility and Account Responsibilities
1. Eligibility Requirements
- You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or make a purchase. By using the Site, you warrant that you meet this age requirement and have the legal capacity to enter into binding contracts.
- If purchasing on behalf of a business or organization, you warrant that you have the authority to bind that entity to these Terms and that the entity complies with all applicable anti-money laundering and counter-terrorist financing (AML/CTF) regulations .
2. Account Creation and Security
- To complete a purchase, you may be required to create an account with a valid email address and secure password. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
- You agree to notify us immediately at VividAds1994@outlook.com if you suspect any unauthorized access to or use of your account. We shall not be liable for any loss or damage arising from your failure to protect your account information or promptly report unauthorized use.
- We reserve the right to suspend or terminate your account at our sole discretion if we suspect fraudulent activity, violation of these Terms, or non-compliance with Hong Kong’s AML/CTF requirements (pursuant to the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615)) .
II. Product Information and Purchases
1. Product Descriptions and Availability
- We strive to provide accurate and up-to-date information about our digital products (including but not limited to digital gift cards, virtual vouchers, and online service codes, hereinafter referred to as "Products"), including denominations, compatible platforms, and redemption regions. However, we do not warrant that product descriptions, images, or other content on the Site are error-free, complete, or current.
- All Products are subject to availability and may be discontinued or modified at any time without prior notice. In the event a Product is unavailable after you place an order, we will notify you promptly and issue a full refund in accordance with our Return and Refund Policy.
- We reserve the right to correct pricing errors, whether due to system malfunction, typographical error, or incorrect data entry. If a pricing error is identified after your order is placed but before delivery, we may cancel the order and refund any payment received, or contact you to confirm acceptance of the correct price.
2. Order Placement and Contract Formation
- When you place an order through the Site, you submit a binding offer to purchase the selected Products. We reserve the right to accept or reject your order for any reason, including but not limited to:
- Suspected fraudulent activity, unauthorized payment, or non-compliance with AML/CTF requirements ;
- Product unavailability or pricing errors;
- Non-compliance with these Terms or applicable Hong Kong laws.
- A binding contract between you and Vivid Ads Limited is formed only when we send you a confirmation email with the digital code(s) or a formal order acceptance notice (consistent with Hong Kong’s contract law principles for electronic transactions) .
3. Payment Terms
- You agree to provide accurate and complete payment information (e.g., credit card details, PayPal account information) at the time of purchase. You authorize us to charge the full amount of your order to the payment method provided.
- We accept [please list accepted payment methods, e.g., Visa, Mastercard, PayPal, Alipay HK]. All payments are processed in [currency, e.g., HKD, USD], and any currency conversion fees, bank charges, or payment processor fees shall be borne by you.
- We do not store sensitive payment information (e.g., full credit card numbers) on our servers. Payments are processed through secure, PCI DSS-compliant payment gateways to ensure data protection, in compliance with Hong Kong’s data security best practices.
- We are not responsible for failed transactions due to incorrect payment information, insufficient funds, expired payment methods, or restrictions imposed by your bank or payment provider.
4. Digital Delivery
- Upon successful payment and order acceptance, digital codes will be delivered to your registered email address or available for download in your account dashboard instantly (usually within 5 minutes).
- You are responsible for ensuring your registered email address is accurate and accessible. We shall not be liable for delayed or undelivered codes due to incorrect contact information, email filters marking our delivery as spam, or inactive email accounts.
- It is your responsibility to verify Product compatibility with your device, account, and region before purchase. We do not provide refunds for incompatibility issues that could have been verified prior to buying (consistent with our Return and Refund Policy).
III. User Obligations and Prohibited Conduct
1. General Obligations
- You agree to use the Site and Products in compliance with all applicable laws and regulations, including but not limited to:
- Hong Kong’s Trade Descriptions Ordinance (Cap. 362), Sale of Goods Ordinance (Cap. 26), and Electronic Transactions Ordinance (Cap. 553);
- Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615) ;
- Personal Data (Privacy) Ordinance (Cap. 486) (governing the protection of personal data) ;
- Intellectual property laws (including copyright, trademark, and patent laws) .
- You warrant that you will use the Products for personal, non-commercial purposes only unless you have obtained our prior written consent to resell or distribute them.
2. Prohibited Activities
- You shall not engage in any of the following activities, as they violate these Terms and applicable laws:
- Using the Site for fraudulent, illegal, or unauthorized purposes (e.g., money laundering, identity theft, distributing malware, or facilitating illegal transactions) ;
- Attempting to access, modify, hack, or disrupt the Site’s technical infrastructure (including servers, databases, software, or security systems);
- Sharing, reselling, trading, or transferring digital codes to third parties without our explicit written permission (digital codes are licensed for personal use only);
- Using automated tools (e.g., bots, scrapers, crawlers) to access, monitor, or extract data from the Site without our prior written consent;
- Submitting false, misleading, or inaccurate information when creating an account or placing an order;
- Violating the intellectual property rights of Vivid Ads Limited, product licensors (e.g., gaming platforms, software companies), or third parties;
- Circumventing region restrictions, tampering with digital codes, or using codes for unauthorized purposes (e.g., fraudulently redeeming or duplicating codes);
- Collecting or using other users’ personal data without their explicit consent, in violation of the Personal Data (Privacy) Ordinance (Cap. 486) .
IV. Intellectual Property Rights
- All content on the Site, including but not limited to logos, trademarks, text, graphics, product images, software, and layout, is the exclusive property of Vivid Ads Limited or its licensors and is protected by Hong Kong’s Copyright Ordinance (Cap. 528) and international intellectual property laws .
- You are granted a limited, non-transferable, non-exclusive license to access and use the Site for personal shopping purposes only. This license does not authorize you to:
- Reproduce, distribute, modify, adapt, translate, or create derivative works of any Site content;
- Use Site content for commercial purposes, including advertising, resale, or promotion of third-party products;
- Remove or alter any copyright, trademark, or other proprietary notices on the Site.
- Digital codes are licensed to you for personal use, not sold. The underlying intellectual property rights in the games, software, or services associated with the codes remain with the respective publishers or licensors.
- You acknowledge that any unauthorized use of third-party intellectual property (including AI-generated content that infringes on personal rights or copyrights) is strictly prohibited and may result in legal liability .
V. Data Protection and Privacy
- We comply with the Personal Data (Privacy) Ordinance (Cap. 486) and other applicable data protection laws when collecting, using, storing, and disclosing your personal data.
- We only collect personal data that is necessary for providing our services (e.g., email address for delivery, payment information for transactions) and will not use your data for any other purpose without your explicit consent.
- We implement appropriate technical and organizational security measures to protect your personal data from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet is completely secure, and we cannot guarantee the absolute security of your data.
- You have the right to access, correct, or request the deletion of your personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486). To exercise these rights, please contact us at VividAds1994@outlook.com.
VI. Limitation of Liability and Disclaimers
1. Disclaimer of Warranties
- The Site and Products are provided on an "as is" and "as available" basis. Vivid Ads Limited disclaims all warranties, express or implied, to the maximum extent permitted by law, including but not limited to:
- Warranties of merchantability, fitness for a particular purpose, or non-infringement;
- Warranties that the Site will be error-free, secure, uninterrupted, or free from viruses or malware;
- Warranties regarding the validity, availability, or performance of digital codes beyond our control (e.g., changes to third-party platform policies, server outages, or account bans);
- Warranties that the Site or Products will comply with all applicable laws or regulations in your jurisdiction.
2. Limitation of Liability
- To the maximum extent permitted by Hong Kong law (including the Sale of Goods Ordinance (Cap. 26)), Vivid Ads Limited shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, access, or goodwill, arising from:
- Your use of or inability to use the Site or Products;
- Delays or failures in digital delivery (except as required by law or our Return and Refund Policy);
- Third-party actions (e.g., platform policy changes, redemption issues, account bans, or unauthorized access to your account);
- Errors or omissions in Site content or product descriptions;
- Any other matter relating to these Terms or the Site, whether based on contract, tort, negligence, or other legal theory.
- Our total liability for any claim arising out of or related to these Terms or your purchase shall not exceed the total amount paid for the specific Product giving rise to the claim. This limitation applies even if we have been advised of the possibility of such damages.
VII. Termination and Suspension
- We reserve the right to terminate or suspend your access to the Site, your account, or any order at our sole discretion, without prior notice, if:
- You violate any provision of these Terms, the Return and Refund Policy, or Privacy Policy;
- We suspect fraudulent activity, unauthorized use, or non-compliance with AML/CTF requirements ;
- You fail to provide accurate or complete information when placing an order or creating an account;
- You engage in any prohibited conduct as outlined in Section III.2.
- Upon termination, all licenses granted to you under these Terms shall immediately cease, and you shall no longer have the right to access the Site, use your account, or redeem any unused digital codes.
- Sections IV (Intellectual Property Rights), V (Data Protection and Privacy), VI (Limitation of Liability and Disclaimers), VIII (Governing Law and Dispute Resolution), and X (Miscellaneous) shall survive termination of these Terms.
VIII. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region ("Hong Kong SAR"), without regard to its conflict of law principles.
- Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or your purchase shall first be resolved through good-faith negotiation between you and Vivid Ads Limited within 30 days of written notice of the dispute.
- If the dispute cannot be resolved through negotiation, either party may submit the dispute to mediation in Hong Kong SAR in accordance with the Hong Kong Mediation Ordinance (Cap. 620). Mediation is a voluntary, confidential process aimed at resolving disputes without litigation.
- If mediation fails, the dispute may be referred to arbitration in Hong Kong SAR in accordance with the Hong Kong International Arbitration Centre (HKIAC) Rules. The arbitration award shall be final and binding on both parties, and judgment on the award may be entered in any court of competent jurisdiction.
IX. Changes to Terms
- We may revise these Terms of Service from time to time to comply with legal changes (e.g., updates to AML/CTF regulations or data protection laws) , industry standards, or business operational needs.
- Any changes will be effective immediately upon posting the revised Terms on the Site, with an updated effective date. We will notify you of material changes via email (if you have provided a valid email address) or through a prominent notice on the Site.
- Your continued use of the Site or purchase of Products after the revised Terms are posted constitutes your acceptance of the changes. We encourage you to review these Terms periodically.
X. Miscellaneous
1. Severability
- If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with a valid provision that achieves the original intent of the parties as closely as possible.
2. Waiver
- Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision in the future. No waiver shall be effective unless in writing and signed by an authorized representative of Vivid Ads Limited.
3. Entire Agreement
- These Terms, together with our Return and Refund Policy and Privacy Policy, constitute the entire agreement between you and Vivid Ads Limited regarding your use of the Site and purchase of Products. They supersede all prior or contemporaneous agreements, communications, or understandings (whether written or oral) relating to the subject matter herein.
4. Assignment
- You may not assign or transfer these Terms or any of your rights or obligations herein without our prior written consent. We may assign these Terms to a third party in connection with a merger, acquisition, sale of assets, or other corporate restructuring, provided the assignee agrees to be bound by these Terms.
5. Contact Information
- For questions, concerns, or notices related to these Terms, please contact us at:
- Official Email: VividAds1994@outlook.com
- Registered Address: UNIT 98 OF FACTORY A 1/F, UNION HING YIP FACTORY BUILDING, NO.20 HING YIP STREET, Kwun Tong, Hong Kong