Addendum to the TikTok Terms of Service for TikTok Shop Buyers

Updated as at April 1 2021

Welcome to TikTok Shop!

1. Who we are

Welcome to the TikTok Shop, which is provided by TikTok (“TikTok”, “we”, “us” or “our”). You can find details of the relevant entity providing the TikTok Platform and TikTok Shop to you, and information about how to contact us, in the Jurisdiction Specific Terms.

1. Your relationship with us

Your use of TikTok Shop is governed by the TikTok Terms of Service.TikTok Shop is a part of the “Services” and “Platform” as defined in the TikTok Terms of Service for the TikTok mobile application (“TikTok Platform”).

When you (“Buyer” or “you”) use the TikTok Shop, or buy goods (“Products“) from sellers (“Merchants”) via the TikTok Shop, this addendum to the TikTok Terms of Service for TikTok Shop Buyers (“Buyer Terms”) will apply to you, in addition to the TikTok Terms of Service.

By using TikTok Shop or clicking “Place Order”, you confirm that you can form a binding contract with TikTok, that you accept these Buyer Terms and that you agree to comply with them. These Buyer Terms will continue in force until they are terminated by either you or TikTok in accordance with the termination provisions set out in the TikTok Terms of Service.

In the event of any conflict between these Buyer Terms and the TikTok Terms of Service, for purposes of your use or access to TikTok Shop, these Buyer Terms will prevail to the extent of any inconsistency.

Any capitalized terms not defined in these Buyer Terms but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.

3. Information about you and your privacy

Your privacy is important to us. Please read our Privacy Policy and the TikTok Shop Privacy Policy to understand how we collect, use and share information about you. Please also read our Cookie Policy to understand how we use cookies on the TikTok Shop.

4. Additional Jurisdiction-Specific Terms

The Additional Jurisdiction-Specific Terms apply in addition to these Buyer Terms and the TikTok Terms of Service where you make a Product purchase (“Purchase”) depending on your usual residence (“Additional Terms”). Where applicable, the Additional Terms prevail to the extent of any inconsistency with the rest of these Buyer Terms.

5. About TikTok Shop

5.1 What is TikTok Shop?

TikTok Shop is an online service which allows you to purchase the Products from Merchants on TikTok Shop. TikTok Shop allows Buyers to:

5.2 Who Can use TikTok Shop?

TikTok Shop is only for people 18 years old and over (you may need to be older depending on where you are based please see the Additional Jurisdiction-Specific Terms for further information). By using TikTok Shop, you confirm that you are over the relevant age. If we learn that someone under the relevant age specified above is using TikTok Shop, the user will not be able to purchase the Products on TikTok Shop (e.g., the user may not be granted access to make a Purchase).

If you are the relevant age above or over, and have a valid account with TikTok Platform (“Account”), you can use such Account to purchase Products on TikTok Shop.

5.3 Where can you use TikTok Shop to purchase Products?

You can purchase Products from a Merchant on the TikTok Shop and arrange with the Merchant to have the Products delivered to an address in any of the jurisdictions where TikTok Shop is made available by TikTok from time to time. We may use technical measures to restrict your access to TikTok Shop and you agree not to circumvent such technical measures. If you have any questions about the jurisdictions where TikTok Shop is available or your access to TikTok Shop, please contact us at e-commerce@tiktok.com.

5.4 TikTok as Marketplace

IMPORTANT: TikTok does not itself sell Products on TikTok Shop. TikTok allows third parties (i.e. Merchants) to sell Products on TikTok Shop. TikTok may facilitate the transactions on TikTok Shop. However, the contract for your Purchase of the Product is always solely between you and Merchant. TikTok is not (a) the buyer or the seller of Product; (b) one of the contracting parties of the contract for the Purchase; or (c) an agent of you or Merchant in connection with the Purchase. Merchant of the Product will be shown on the Product detail page and your rights of recourse, for example in relation to refunds and cancellations, will be between you and the Merchant as agreed in the contract you enter into with the Merchant.

6. How to use TikTok Shop

You can use your Account to make a Purchase on TikTok Shop. However, you will be asked to provide certain information (“Onboarding Information”) to TikTok prior to your Purchase of any Product on TikTok Shop. We will use your Onboarding Information to assess whether or not you will be authorised to use TikTok Shop to make a Purchase. It is a serious breach of these Buyer Terms if you do not provide and maintain at all times, complete, accurate and up to date Onboarding Information.

6.1 Purchasing Conditions

You can purchase Products from Merchants' TikTok Shops.

You are responsible for reviewing the information of the Products which you intend to purchase. Such Product information is provided by relevant Merchant of such Product to you. TikTok, as a marketplace service provider, may use commercially reasonable efforts to require Merchants to provide accurate, authentic and updated information, but TikTok does not represent, guarantee or endorse any Products, information or services provided by Merchants.

You enter into a legally binding contract with Merchant which provides the Product you purchase when you place the order and make the payment. TikTok is not a party to the contract entered into between you and Merchant for the Purchase. The risk and title of the Products transferred is between you and Merchant. TikTok does not accept the transfer of the title from Merchant, nor does TikTok transfer the title of the Product to you.

6.2 Returns, Replacements and Cancellations

Merchants are responsible for making sure that any Product is fit for purpose and corresponds to the description it provides and they are responsible for complying with any refund, replacement or cancellation rights that a Buyer may have under applicable law and additional Product obligations voluntarily agreed by Merchants.

If you have a right to return Purchase or a cancellation right according to the applicable laws in your country, your rights to such return or cancellation will not be affected by any Merchants' rules to the contrary however, please refer to your agreement with the Merchant for further information about any exceptions to your return or cancellation rights.

The logistics for arranging a return of a Product and any associated fees will be as you agreed with the Merchant.

You may refer to TikTok Shop Customer Order Cancellation, Return and Refund Guidelines for details.

7. Payment

Please refer to the Additional Terms applicable to your jurisdiction set forth in the Additional Jurisdiction-Specific Terms below for information on payment.

8. Rules for using TikTok Shop

To use the TikTok Shop, you must follow the TikTok Shop Customer Order Cancellation, Return and Refund Guidelines, the TikTok Shop After-Sale Dispute Escalation Handling Guidelines, the rules set out in these Buyer Terms and the rules set out in the TikTok Terms of Service. You must not use the TikTok Shop in any way which is prohibited in any of the terms or guidelines above.

Acceptable Uses

In addition to the rules set out in the TikTok Terms of Service, you must not use TikTok Shop or the TikTok Platform for any of the following purposes or do any of the following acts:

9. Intellectual Property

TikTok takes the intellectual property rights of others very seriously.

We have a process by which people can report alleged Products that infringe intellectual property rights. You can find information about how our reporting process works in the TikTok Shop Intellectual Property Policy.

10. Licence by You

In addition to the licences granted by you under the TikTok Terms of Service, by using TikTok Shop, you grant to TikTok a world-wide, royalty-free, sub-licensable, transferable licence to use any information you provide to us internally to improve TikTok Shop, the TikTok Platform and our other products and services. The foregoing does not impact any right you may have to have data deleted under applicable law.

11. [NOT USED]

12. Your promises to us

By accepting these Buyer Terms you promise to TikTok that:

13. What happens if you breach these Buyer Terms?

If we know or reasonably suspect that you are in material breach of these Buyer Terms, we may, temporarily or permanently suspend or terminate your Account or impose limits on or restrict your access to TikTok Shop, or other parts or all of the TikTok services, in accordance with the TikTok Terms of Service.

14. Effects of and Rights on Termination

On termination of your Account, or the TikTok Terms of Service, all related rights and obligations under these Buyer Terms immediately terminate, except that you will remain responsible for performing all of your obligations to Merchants in connection with transactions entered into before the effective date of termination and for any liabilities that accrued before or as a result of termination.

The following clauses of these Buyer Terms shall survive termination: 10 (Licence by You); 11 (Tax); 14 (Effects of and Rights on Termination); 15 (Dispute Resolution); 16 (Governing Law and Jurisdiction) and 17 (Miscellaneous Terms).

15. Dispute Resolution

15.1 Disputes Between you and a Merchant

You are responsible for promptly and fairly resolving any dispute between you and Merchant. TikTok may facilitate communications between Merchants and Buyers, but is not a party to any such dispute and has no obligation to do so. Please see the TikTok Shop Customer Order Cancellation, Return and Refund Guidelines and the TikTok Shop After-Sale Dispute Escalation Handling Guidelines for details if you have a dispute with a Merchant.

15.2 Disputes Between you and and TikTok

If you have a dispute with us relating to the TikTok Shop, in the first instance please contact us at e-commerce@tiktok.com or via our customer services offered and attempt to resolve the dispute with us informally. In the event we are unable to resolve the dispute informally, the dispute will be resolved pursuant to Clause 16 (Governing Law and Jurisdiction).

16. Governing Law and Jurisdiction

These Buyer Terms shall be governed by the governing law of the TikTok Terms of Service applicable to you, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with it or their subject matter or formation shall be resolved in accordance with the dispute resolution terms in the TikTok Terms of Service applicable to you.

17. Miscellaneous Terms

17.1 Relationship Between the Parties

Nothing in these Buyer Terms shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and TikTok or any TikTok Affiliate.

17.2 Third Party Rights

Unless it expressly states otherwise, these Buyer Terms do not give rise to any rights to any third party rights. No other person shall have any rights to enforce any of the terms in these Buyer Terms and neither of us will need to get the agreement of any other person in order to end the Buyer Terms or make any changes to the Buyer Terms.

17.3 Changes to these Buyer Terms

We amend these Buyer Terms from time to time, for instance when we update the functionality of TikTok Shop, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all Buyers of any material changes to these Buyer Terms, such as through a notice on TikTok Shop, however, you should look at the Buyer Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Buyer Terms, which reflect the effective date of such Buyer Terms. Your continued access or use of the TikTok Shop after the date of the new Buyer Terms constitutes your acceptance of the new Terms. If you do not agree to the new Buyer Terms, you must stop accessing or using the TikTok Shop.

17.4 Notice

We may provide notices to you under these Buyer Terms by way of such as sending you an email to the email address provided by you in your Account, through in-app message or chat, or by a notice on TikTok Shop.

You may provide notices to TikTok under these Buyer Terms by email to e-commerce@tiktok.com.

17.5 Events outside of our control

TikTok will not be liable for any delay or failure to perform any of its obligations under these Buyer Terms for reasons, events or other matters beyond its reasonable control.

17.6 Additional Jurisdiction-Specific Terms

The following terms apply to a Buyer located in the relevant jurisdiction ("Additional Terms"). Where applicable, Additional Terms prevail to the extent of any inconsistency with the rest of these Buyer Terms.

Indonesia

TikTok Shop Provider

You acknowledge that the relevant entity providing the Platform is TikTok Pte. Ltd., which is registered in Singapore, with its registered office at 1 Raffles Place #26-10 Singapore 048583, and references to TikTok/Us/We/Our shall be construed accordingly.

How to Contact Us

You can reach us at: e-commerce@tiktok.com or write us at 1 Raffles Place #26-10 Singapore 048583.

Payment

You make payments to the Merchants through the merchant acquirer engaged by the Merchant.

You acknowledge that TikTok is not providing any payment services to you, including without limitation accepting or receiving any payments from you (including any payments that are due to the Merchants) or due to you (including any refunds from the Merchants to you), or making any other payments or transfer of payments from or to you. We will not be liable to you for any losses suffered as a result of any breach or default by the third parties who provide the payment services.

No Payment Services

Notwithstanding the remaining Terms (including without limitation payment terms), You acknowledge that TikTok is not providing any payment services to you, including without limitation accepting or receiving any payments from you (including any payments that are due to the Merchants) or due to you (including any refunds from the Merchants to you), or making any other payments or transfer of payments from or to you.

Legal Age

TikTok Shop is only for people 21 years old and over. By using TikTok Shop, you confirm that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using TikTok Shop, the user will not be able to purchase the Products on TikTok Shop (e.g., the user may not be granted access to make a Purchase).

If you reach or are over the relevant age above, and have a valid account with TikTok Platform (“Account”), you can use such Account to purchase Products on TikTok Shop.

Language

These Buyer Terms have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Buyer Terms and understands its content and that these Buyer Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Buyer Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Buyer Terms.

Waiver

TikTok and you expressly agree to waive and set aside our respective rights and obligations under any applicable law in the event of any termination of these Buyer Terms to the extent that such law requires any judicial pronouncement for the termination of these Buyer Terms.

Applicable Law and Jurisdiction

These Buyer Terms, their subject matter and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Buyer Terms, including any question regarding existence, validity or termination of these Buyer Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

UK

TikTok Shop Provider

You acknowledge that the relevant entity providing the Platform is TikTok Information Technologies UK Limited, which is registered in England with its registered office at 6th Floor, One London Wall, London, EC2Y 5EB, United Kingdom, and references to TikTok/Us/We/Our shall be construed accordingly.

How to Contact Us

You can reach us at: e-commerce@tiktok.com or write us at TikTok Information Technologies UK Limited: One London Wall, 6th Floor, London, England, EC2Y 5EB.

Payments

All items purchased on the TikTok Shop must be paid for through the merchant acquirer engaged by the Merchant using a valid payment method.

The merchant acquirer is separate to us and you will be subject to their terms when making payments to Merchants. TikTok does not provide you with any payment services and is not responsible for your payments to Merchants.