Terms of Service
Effective Date: 2023-09-18
1.1 Please read these Terms of Use ("Terms") carefully before using our Services. Shen Moon Limited (“Mobapay” or “we”, “our”), a company with registered office address at Room 06, 13A/F, South Tower, World Finance Center, Harbour City, 17 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong. provides e-commerce service(s) ("Service(s)") using our online Mobapay platform (the "Platform") to facilitate the sale and purchase of (i) credits (“Game Credits”) which may be used to purchase virtual goods and items (such as hero skins) (“Gaming Items”), or such virtual goods directly, for use within games ("Game(s)") operated by our affiliates and other third parties (the "Operators"); or (ii) subscriptions for Game Credits or Gaming Items or other digital content operated or otherwise provided by the Operators (together, the "Items"). By accessing or using the Service, you agree that you have read, understood, and accept to be bound by the Terms. Mobapay reserves the right, in its sole discretion, modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions.
1.2 Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service.
1.3 Because Mobapay provides a wide range of Services, we may ask you to review and accept supplemental terms. To the extent those supplemental terms conflict with this Terms, the supplemental terms associated with the Services shall govern with respect to your use or service to the extent of the conflict.
1.4 Mobapay reserves the right to refuse, terminate or suspend any user access to the Services without notice for any reason, including, but not limited to, a violation of the Terms.
1.5 You agree that Mobapay may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.
1.6 Mobapay suggests that minors shall not access the Service without prior written consent of their parents or other legal guardians. If you are a parent or legal guardian, and allow your child to use the Service, this Terms shall apply to you and you are responsible for your child’s behavior on the Service.
2.1 You are solely responsible for the username of your account, provided that your username complies with applicable laws and regulations or our guidelines (for example, your username must not contain vulgar language). We reserve the right to request you to change your username, suspend or terminate your account, if your username violates applicable laws or guidelines or is deemed inappropriate by us.
2.2 Users are responsible for periodically viewing the Terms. Your continued use of the Service after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree to the Terms your only remedy is to discontinue your use of the Service.
2.3 You may not sell, lend, share, or otherwise transfer your account or allow any other person to access or use your account. You agree that you are solely responsible for any and all activity that occurs on your account, including any use of our Services and transactions that occur on your account. To the extent permitted by law, any action on your account will be deemed to be your own.
2.4 The termination of your account results in the termination of your access to our Services, as well as any licenses or rights granted under these Terms. If you wish to terminate or deactivate your account, you may submit a request for deletion of your account by contacting us at [ help@mobapay.com ]. Once your account is deleted, you will not be able to reactivate your account or retrieve any information or content in connection with the deleted account.If you wish to access all of our Services, you shall register and log in via a third-party account (e.g., Facebook, Google), otherwise you are only allowed to use some of our Services as a visitor.
2.5 Subject to the Terms and other statutory obligations (guarantees, warranties, terms, and conditions and Mobapay’s mandatory legal duties and liability imposed by the laws relating to the Services), Mobapay reserves the right to restrict, suspend or terminate your account (including without limitation restricting, suspending or terminating any licenses, and/or access to or receipt or use of the Services) immediately and without notice to you if (i) you conduct serious breach of these Terms, (ii) illegal or malicious operations such as artificially inflating order numbers, account hacking, illegal recharging, server attacking, etc., which affect the interests of Mobapay and/or other users is detected in relation to your account; or (iii) upon your access to or your receipt or use of the Services, for any other activity whatsoever that is, in Mobapay’s sole discretion, unlawful, inappropriate, and/or in serious violation of the spirit of these Terms.
(a) must be used in a lawful manner;
(b) must be used for the intended purpose;
(c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, voucher collecting service or otherwise) unless expressly permitted by Mobapay;
(d) may be disabled or have additional conditions applied to them by Mobapay or the Operator at any time for any reason without liability to Mobapay or the Operator;
(e) may only be used pursuant to the specific terms that or the Operator and/or the Operator establishes for such Promotional Code;
(f) unless stated otherwise, are not valid for cash or other credits or points; and
(g) may expire prior to your use, and you understand that Mobapay is not responsible for the timing or operation of any expiration dates of Promotional Codes, which are under the sole and exclusive control of the Operator. You agree that Mobapay is not a party to any transaction you make on a Operator website in connection with your use of any Promotional Codes.
4.1 All materials that are part of the Service are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the applicable Copyright Law.
4.2 Mobapay and its affiliates remain the owners of right, title, and interest, including copyrights and other intellectual property rights, in and to all materials posted on the Platform and/or any other platforms by Mobapay. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any materials posted on the Platform and/or any other platforms by Mobapay, or any derivative works thereof.
4.3 Provided that you comply with these Terms and pay us any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, royalty-free and revocable licence to access and make personal and non-commercial use of the Services and any software we make available as part of the Services. This licence is limited to and does not include or extend to any resale or commercial use of the Services or its content; any collection and use of any product listings, descriptions or prices; any derivative use of the Services or its contents; any downloading or copying of account information for the benefit of any person; or any use of the Services in conjunction with any data mining tools, robots, scrapers or similar data gathering and extraction tools.
5.1 It is very important that you read and understand the terms and conditions governing: (i) the sale of the Items by the Operator as seller to you as buyer; (ii) your rights in the Items; and (iii) your use of the relevant Game or Items (together, the "Operator's Terms") before purchasing any Items using the Services.
5.2 We are not responsible for and do not endorse any particular Game or Item. We do not grant you any rights to use the Items under these Terms. Any such rights shall be between you and the Operator under the Operator's Terms.
5.3 We are not a party to the Operator's Terms, which are between you and the Operator, and which set out the terms on which you purchase the Items and your rights and obligations with respect to the use of such Items, including the value or worth of such Items and the terms and conditions applicable to their use, transfer, redemption or cancellation.
5.4 We will assist in facilitating transactions that are carried out on the Platform, but we are neither the buyer nor the seller of Items that are the subject of a transaction carried out through the Services. Any agreement for the sale of any Items is solely between you as the buyer, and the Operator as the seller. We are not a party to that agreement and we do not have any responsibility in connection with it nor are we an agent for the Operator.
5.5 Please note that we do not directly provide any credit or debit, stored value and/or payment processing services for sales or purchases conducted on the Platform. Such facilities and services are performed by and are the responsibility of the issuer or operator of your relevant credit or debit card, stored value facility, payment service or other payment instrument (each, a "Payment Instrument" and such issuers and operators, the "Payment Provider") under separate terms and conditions which you have agreed with the Payment Provider.
6.1 You may use the Services in accordance with these Terms to search for product information relating to Items, and pre-order and purchase Items as may be provided for on the Platform from time to time. In order to use the Services you must comply with the requirements as set out in these Terms. If you do not comply with these requirements at any point you must cease using the Services immediately and to the extent permitted under applicable law, you shall be liable for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.
6.2 You shall provide all necessary information and supporting documents as reasonably requested by us from time to time for the purpose of your use of the Services and/or compliance with applicable laws in any jurisdiction. You must not use the Services: (a) in any way that causes, or is likely to cause, the Services, or any access to the Services, to be interrupted, damaged or impaired in any way; or (b) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
6.3 You must not use fraudulent means to purchase Items or make use of any payment methods to purchase Items for fraudulent purposes or otherwise in connection with a criminal offence or other unlawful activity. If such activity is detected by us, we may refuse any purchase or initiate refund to you relating to such Items. In the event a refund is initiated by us, the relevant Operator shall disable your access to the relevant Items and/or retrieve the relevant Items from you. We reserve the right to claim against you for any legal consequences, including costs, losses or damages which we may suffer or incur as a result.
6.4 In addition to the restrictions set out in these Terms, you must not use the Services:
(a) to cause or potentially cause any unreasonable or disproportionate burden on the Services;
(b) to interfere or attempt to interfere with the Services or our ability to provide the Services; or
(c) to manipulate any transactions carried out via the Services in any manner that is in breach of these Terms, any Operator's Terms or in any manner that is contrary to applicable law.
6.5 You hereby acknowledge and agree that Operators, and not us or any other of our affiliates, are responsible for accurately listing their Items and you are responsible for reading the description of the Items listed by Operators and making your own judgments before making a purchase. All sales are binding and you agree to perform all your obligations in relation to such sale.
7.1 The price you will pay for your purchase of Items is determined by the Operator and denominated in the currency at the election of the Operator (the "Purchase Currency") from time to time. Please note that the price for Items as may be provided for on the Platform from time to time may vary to reflect the Purchase Currency. Please be aware of and carefully consider any recurring charges that may arise from the purchase of Items. You may also be informed of an approximate value in your local currency of the actual Purchase Currency price for your purchase. The approximate local currency price uses historical, not real-time, currency exchange rates and is only an approximation of the value of the Purchase Currency price for your purchase.
7.2 If the Payment Instrument you use to pay for your purchase is not denominated in the Purchase Currency, the amount you pay will be your local currency equivalent (as determined by your Payment Provider) of the actual Purchase Currency price. Your Payment Provider may also charge you other fees (including but not limited to currency conversion and/or transaction fees) for you making a purchase in the Purchase Currency rather than your local currency (such as where you use a credit card from an overseas jurisdiction/region to complete your purchase). Please contact your Payment Provider for more information about these additional fees. You are solely responsible for any applicable taxes, charges or fees imposed by your Payment Provider in connection with your use of the Services. We and our affiliates shall not be responsible or liable for any exchange rate used by your Payment Provider.
7.3 The Operator shall be responsible for the delivery of Items transacted through the Services, and we will not be liable or responsible to you in any way for the delivery of such Items. If you request a refund for any Items, or if the Operator cannot charge your payment method for any reason (such as insufficient funds or expiration of your payment method), the relevant Operator may disable your access to the relevant Items and/or retrieve the relevant Items from you. We shall not be responsible to compensate or indemnify you for any such loss of access or any other losses that you may suffer or incur in this regard.
7.4 If a dispute arises in relation to Items, including in relation to disputes regarding the price and/or quality of Items bought and sold via the Services, such dispute shall be resolved by you and the Operator only, without any involvement from us. You hereby release us (and our affiliates, Payment Provider, employees, representatives and agents) from claims, demands and damages (actual, direct, consequential or otherwise) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. However, we will have the right, in our sole discretion, to facilitate and assist in such disputes, but we will not in any way be a party or be deemed to be a party to such disputes. You irrevocably authorise us to assist in the settlement of disputes arising from your use of the Services which may include instructing the Payment Provider to hold or transfer all or part of such disputed funds to a disputing party (subject to a reversion of the transfer depending on the final outcome of the dispute). In such event, you shall indemnify us for any liabilities arising out of our decision.
7.5 You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Mobapay, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Mobapay makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
7.6 In no event will Mobapay, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Mobapay has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Mobapay shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
7.7 You agree to indemnify and hold Mobapay, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any Content you post or share on or through the Service.
8.1 We will cooperate with the third party to provide special service to you, when you use or access to the service, application, other site provided by the third party related to our Service, you shall comply with the terms of service of the third party.
8.2 We may provide you with options to close or minimise advertisements on the Platform, but you must not in any way screen or filter the advertisements in any manner not expressly permitted by us in writing. We may also, from time to time, carry out marketing and promotional activities in relation to the Platform, such as "red packet" giveaways, or top-up gifts.
8.3 Save as required by applicable laws, we shall have no liability for any loss or damage incurred or suffered by you arising from transactions you enter into in reliance upon such advertisements or promotional and marketing information.
9.1 You are solely responsible for understanding and complying with all laws and regulations applicable to your use of the Services. You must not use the Services in any way which breaches applicable laws.
9.2 If the country or region in which you are located prohibits or restricts all or any part of the Services, you must immediately cease using the Services.
9.3 Except to the extent where the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), these Terms and any dispute or claim arising out of or in connection with it shall be governed by the law of the Hong Kong Special Administrative Region. Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including its existence, validity, interpretation, performance, breach or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted in accordance with those Rules. The seat of the arbitration shall be Hong Kong. There shall be one arbitrator only. The arbitration proceedings shall be conducted in English.