1.1 Welcome to the tiktok platform (the "Site").
Before using the Site or opening a tiktok account ("Account"), please
read the following Terms of Service carefully so that you are aware of your legal rights and
obligations with respect to tiktok. The "Services" we offer or
provide include (a) the Site, (b) the Site and the services offered through the tiktok client software available
through the Site, and (c) all information, linked pages, features, data, text, images, photographs,
graphics, music, sound, video (including live streaming), messages, tags, content, programming,
software, application services, and other services provided by tiktok. content, programming, software,
application services (including, without limitation, any mobile application services) or other
materials made available through the Site or its associated services ("Content"). Any new features
added to or enhancements to the Services are also subject to these Terms of Service. These Terms of
Service govern your use of the Services provided by tiktok.
1.2 The Services include online
platform services for Buyer ("Buyer") and Seller ("Seller") (collectively, "You", "User" or
"Parties"). " or "Parties") to provide a venue and opportunity for the sale of goods between Buyer
("Buyer") and Seller ("Seller") (collectively, "You", "User" or "Parties"). The actual contract of
sale is directly between Buyer and Seller, and tiktok is not a party to such
contract or any other contract between Buyer and Seller and does not accept any obligation in
connection with any such contract. The parties to such transactions will be solely responsible for the
sales contracts, merchandise listings, purchase warranties, etc., between them. tiktok is not involved in
transactions between users. tiktok may or may not pre-screen
users or content or information provided by users. tiktok reserves the right to
remove any content or information you post on the site in accordance with section 6.4
1.3 Before becoming a user of the
Site, you must read and accept all of the terms and conditions in and related to these Terms of
1.4 tiktok reserves the right to
change, modify, suspend or discontinue all or any part of the Site or the Services at any time or upon
notice as required by local law, and tiktok may release certain
Services or features thereof in beta, which may not function properly or in the same manner as the
final version, in which case we assume no responsibility. tiktok may also, in its sole
discretion, limit certain features or restrict your access to parts or the entire Site or Services
without notice or liability.
1.5 tiktok reserves the right to
refuse to provide you with access to the Site or Services or to allow you to open an account for any
By using the tiktok Services or opening an
account, you irrevocably accept and agree to the terms of this Agreement, including the additional
terms and conditions and policies referenced and/or linked to herein.
If you do not agree to these
terms, please do not use our services or access the site. If you are under the age of 18 or the legal
age of consent to this Agreement under the applicable laws of your country ("Legal Age"), you must
obtain permission from a parent or legal guardian to open an account and such parent or legal guardian
must agree to the terms of this Agreement. If you do not know whether you are of legal age or do not
understand this section, do not create an account until you have asked your parent or legal guardian
for assistance. If you are the parent or legal guardian of a minor creating an account, you must
accept the terms of this Agreement on behalf of the minor and you will be responsible for all use of
the account or use of the Company's services in connection with the account.
2.1 Your privacy is very
important to Zulily
shop. To better
information related to your account and/or your use of the Services ("User Information"). By using the
Services or providing information on the Site, you.
(i) consent to the collection,
use, disclosure and/or processing of your content, personal data and User Information by tiktok as described in the Privacy
(ii) agree and acknowledge that
ownership of your User Information is shared by you and tiktok; and
(iii) not disclose your User
Information, directly or indirectly, to any third party or otherwise allow any third party to access
or use your User Information without tiktok' prior written
2.2 Users who have personal data
about other Users through their use of the Services ("Recipient") hereby agree that they will (i)
comply with all personal data protection laws applicable to any such data; (ii) allow Users whose
personal data has been collected by the Recipient ("Disclosing Party") to ") to remove his or her data
so collected from the Recipient's database; and (iii) in each case of (ii) and (iii) above, allow the
Disclosing Party to review what information about them has been collected by the Recipient in
accordance with and to the extent required by applicable law.
3. Limited License
3.1 tiktok grants you a limited and
revocable license to access and use the Services in accordance with the terms and conditions of these
Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other
intellectual property displayed on the Site ("Intellectual Property") are the property of tiktok and, where applicable, the
third party owners identified on the Site. No right or license to use or reproduce any Intellectual
Property is granted, directly or indirectly, by any party accessing the Site, and no party accessing
the Site may claim any right, title or interest therein. By using or accessing the Services, you agree
to comply with the copyright, trademark, service mark and all other applicable laws protecting the
Services, the Site and its content. You agree not to copy, distribute, republish, transmit, publicly
display, publicly perform, modify, adapt, rent, sell, or create derivative works of the Services, the
Site, or any portion of its content. You also may not mirror or frame any part or all of the Site on
any other server or as part of any other website without our prior written consent. In addition, you
agree that you will not use any robot, spider or any other automatic device or manual process to
monitor or copy our Content (such consent being considered standard search engine technology employed
by Internet search sites) to direct Internet users to the Site without our prior written consent).
Mirror or build any part or all of the content of the Site on any other server or as part of any other
website. In addition, you agree that you will not use any robot, spider or any other automatic device
or manual process to monitor or copy our content (such consent being considered standard search engine
techniques employed by Internet search sites) to direct Internet users to this Site without our prior
written consent). Mirror or build any part or all of the content of the Site on any other server or as
part of any other website. In addition, you agree that you will not use any robot, spider or any other
automated device or manual process to monitor or copy our Content (such consent being considered
standard search engine techniques employed by Internet search sites) to direct Internet users to the
Site without our prior written consent).
3.2 You are welcome to link to
the Site from your website, provided that your website does not imply any endorsement or association
acknowledge that tiktok may, in its sole
discretion, discontinue providing some or all of the Services at any time without notice.
4.1 Any software that we provide
to you as part of the Services is subject to these Terms of Service, and tiktok reserves all rights in
software not expressly granted by tiktok. Any third party scripts or code
linked or referenced in connection with the Services are licensed to you by the third party that owns
such scripts or code and not by tiktok.
5. Accounts and
5.1 Certain features of our
Services require registration for an account by selecting a unique user identification ("User ID") and
password and providing certain personal information. tiktok reserves the right to
suspend or terminate your account if you select a User ID that tiktok unilaterally determines to
be objectionable or inappropriate. You may be able to use your account to access other products,
websites or services to which we have enabled access or with which we have bundled or partnered. Zulily
shop has not
reviewed and is not responsible for any third party content, features, security, services, privacy
policies or other practices of these products, websites or services. If you do so, the terms of
service for such products, sites or services, including their respective privacy policies
5.2 You agree to (a) keep your
password confidential and use only your User ID and password when logging in, (b) ensure that you log
out of your account at the end of each session on the Site, (c) immediately notify tiktok of any unauthorized use of
your account, User ID and/or password, and (d) ensure that your account information is accurate and
up-to-date. You are solely responsible for all activities that occur under your User ID and account,
even if such activity or use is not attributable to you, and tiktok will not be liable for any
loss or damage resulting from the unauthorized use of your password or your failure to comply with
5.3 You agree that tiktok may, with or without notice
to you or any third party, immediately suspend, freeze or terminate your account and your User ID for
any reason, remove or discard anything associated with your account and User ID from the Site, revoke
any subsidy provided to you, cancel any transactions associated with your account and User ID,
temporarily or, in more severe cases, permanently withhold any sales proceeds or refunds, and/or take
any other action that tiktok deems necessary. The
grounds for such actions may include, but are not limited to, actual or suspected (a) prolonged
inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) unlawful, fraudulent,
harassing, defamatory, threatening or abusive conduct (d) having multiple user accounts, (e)
purchasing products on the Site for commercial resale purposes, (f) unusual or excessive purchases
from the same seller or a related group of sellers, (g) ) voucher abuse (including, but not limited
to, selling vouchers to third parties, selling vouchers or other credits at a higher price than face
value and/or abnormal or excessive use of vouchers on the Site), or (h) commercial gain against other
users, third parties or tiktok. Use of accounts for illegal,
fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement
agencies without notice to you. If a legal dispute or law enforcement action arises for any reason in
connection with your account or your use of the Services
5.4 Users may terminate their
accounts if they notify tiktok in writing (firstname.lastname@example.org) that they wish to
do so. Notwithstanding any such termination, the user remains liable for any incomplete transactions
(whether commenced prior to or after such termination), shipment of products, payment for products,
etc., and the user must complete all outstanding transactions before he or she can promptly contact Zulily
validly perform and complete them in accordance with the Terms of Service. tiktok assumes no responsibility
and shall not be liable for any damages resulting from actions taken under this section. any damages
resulting from actions taken under this section. user waives any and all claims based on any such
action taken by tiktok.
5.5 If you are located in one of
our approved countries, as updated by us from time to time, you may only use the Services and/or open
6.1 The license to use the Site
and the Services will remain in effect until terminated. This license will terminate in accordance
with the provisions of these Terms of Service or if you fail to comply with any term or condition of
these Terms of Service. In any such case, tiktok may effect such termination
with or without notice to you.
6.2 You agree not
(a) upload, post, transmit or
otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing,
alarming, distressing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful or racially objectionable on a racial or other basis.
(b) Violate any law, including,
without limitation, any laws or regulations relating to import or export restrictions, the rights of
third parties, or our prohibited and restricted items policy.
(c) Upload, post, transmit or
otherwise make available any content featuring unsupervised minors, or use the Services to harm minors
in any way.
(d) Use the Services or upload
content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person
(e) Forge headers or otherwise
manipulate identifiers to disguise the origin of any content transmitted through the
(f) Remove any proprietary
notices from the Site.
(g) Cause, permit or authorize
the modification, creation of derivative works or translation of the Services without the express
permission of Zulily
(h) Use the Services in any way
that is not permitted for the benefit of any third party or as permitted by the license granted
(i) Use the Services or upload
Content in a fraudulent, unconscionable, false, misleading or deceptive manner.
(j) Open and/or operate multiple
user accounts for any violation of the letter or spirit of these Terms of Service.
(k) Accessing the tiktok Platform, opening a User
Account or otherwise accessing your User Account using an emulator, simulator, robot or other similar
hardware or software.
(l) Manipulate the price of any
item or interfere with another user's listing.
(m) Take any action that may
disrupt the feedback or rating system.
(n) Attempt to decompile, reverse
engineer, disassemble or crack the Services (or any part thereof) or to defeat or overcome any
encryption technology or security measures implemented by tiktok for the Services and/or
data transmitted, processed or stored by tiktok.
(o) Obtain or collect any
information about other account holders, including, without limitation, any personal data or
(p) Upload, send by email, post,
transmit or otherwise make available any content that you are not entitled to provide under any law or
contractual or fiduciary relationship (such as inside information, proprietary and confidential
information learned or disclosed as part of) employment relationships or confidentiality
(q) Upload, email, post, transmit
or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary right of any party.
(r) upload, email, post, transmit
or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters ", "pyramid scheme" or any other unauthorized form of
(s) Upload, e-mail, post,
transmit or otherwise make available any material that contains software viruses, worms, Trojan horses
or any other computer code, routines, files or programs designed to interfere with, manipulate,
interrupt, destroy or limit, directly or indirectly, the functionality or integrity of any computer
software or hardware or data or telecommunications equipment.
(t) Disrupt the normal flow of
dialogue, cause the screen to "scroll" faster than other users of the Service can type, or otherwise
adversely affect the ability of other users to communicate in real time.
(u) Interfere with, manipulate or
disrupt the Services or the servers or networks connected to the Services or any other user's use and
enjoyment of the Services, or fail to comply with any requirements, procedures, policies or
regulations of the networks connected to the Site.
(v) Take any action or engage in
any conduct that may directly or indirectly damage, disable, overburden or impair the Services or the
servers or networks connected to the Services.
(w) Use the Services to
intentionally or unintentionally violate any applicable local, state, national or international law,
rule, code, directive, guideline, policy or regulation, including, without limitation, laws and
requirements (whether or not having the force of law) ) relating to anti-money laundering or
(x) Use the Services to violate
or circumvent any sanctions or embargoes imposed or enforced by the U.S. Department of the Treasury's
Office of Foreign Assets Control, the United Nations Security Council, the European Union or the
United Kingdom Treasury.
(y) Use the Services to invade
the privacy of others or to "stalk" or otherwise harass others.
(z) Violate tiktok' rights, including any
intellectual property rights and any counterfeiting thereof.
(aa) use the Services to collect
or store personal data about other users in connection with the prohibited conduct and activities
described above; and/or
(bb) list items that infringe a
third party's copyright, trademark or other intellectual property rights or use the Services in a
manner that infringes upon the intellectual property rights of others.
(cc) direct or encourage other
users to conduct transactions outside of the Site.
6.3 You understand that all
content, whether publicly posted or privately transmitted, is the sole responsibility of the person
from whom such content originated. This means that you (and not tiktok) are solely responsible for all
Content that you upload, post, email, transmit, or otherwise make available through the Site. You
understand that by using the Site, you may be exposed to content that you find offensive, indecent or
objectionable. to the maximum extent permitted by applicable law, in no event will tiktok be liable for any content,
including, without limitation, any errors or omissions in any content, or for any loss or damage of
any kind incurred as a result of the use of or reliance on any content posted on, sent by e-mail,
transmitted or otherwise made available on the site.
6.4 You acknowledge that Zulily
shop and its
designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse,
delete, stop, suspend, remove or move any Content, including, without limitation, any Content or
information posted by you, available on the Site without any liability to you. Without limiting the
shop and its
designees shall have the right to remove (i) any Content that violates these Terms of Service or our
Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another user; (iii) if we
receive a notice or allegation of intellectual property infringement or other legal direction or
request for removal; or (iv) if such Content is otherwise objectionable. We may also block the
transmission of communications (including, without limitation, status updates, postings, messages
and/or chats) as part of our efforts to protect the Services or our users, or otherwise enforce the
provisions of these Terms and Conditions. You agree that you must evaluate and bear all risks
associated with the use of any Content, including, without limitation, any reliance on the accuracy,
completeness or usefulness of such Content. In this regard, you acknowledge that you have not, and to
the maximum extent permitted by applicable law, may not, rely on any Content created by or submitted
shop, including, but
not limited to, the tiktok Forums and all other
portions of the Information Site. and assume all risks associated with the use of any Content,
including, without limitation, any reliance on the accuracy, completeness or usefulness of such
Content. In this regard, you acknowledge that you have not, and to the fullest extent permitted by
applicable law, may not, rely on any Content created by or submitted to tiktok, including, without limitation,
the informational sites in the tiktok Forums and all other
sections. and assume all risks associated with the use of any Content, including, without limitation,
any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you
acknowledge that you have not, and to the maximum extent permitted by applicable law, may not, rely on
any Content created by tiktok or submitted to Zulily
without limitation, the information sites in the tiktok Forums and all other
6.5 You acknowledge, agree and
consent that Zulily
access, preserve and disclose your account information and content to any legal, regulatory or
governmental authority, relevant rights owner or other third party (if required to do so by law
pursuant to an order) lawful request of a court or any governmental or regulatory authority having
jurisdiction over tiktok, or in good faith believing that
such access protection or disclosure is reasonably necessary to (a) comply with legal process; (b)
enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims
that any Content violates the rights of third parties, including intellectual property rights; (d)
respond to your requests for customer service; and (e) protect the rights, property or personal safety
shop, its users
and/or the public.
7. Violation of Our Terms of
7.1 Violations of this policy may
result in a range of actions, including, but not limited to, any or all of the following.
- deletion of
- Restrictions on account
- Account suspension and
- civil actions, including but
not limited to claims for damages and/or interim or injunctive relief
7.2 If you believe that a user on
our Site has violated these Terms of Service, please contact email@example.com.
8. Reporting Intellectual
8.1 As noted above, tiktok does not permit the posting
of goods that infringe the intellectual property rights of brands or other intellectual property
owners ("IP Owners").
8.2 Unless otherwise expressly
stated, Users are independent individuals or businesses who are not affiliated with tiktok in any way, and Zulily
shop is neither
an agent nor a representative of Users and does not hold and/or own any of the merchandise listed on
the Site. Location.
8.3 If you are an intellectual
property owner or a duly authorized agent of an intellectual property owner ("IPR Agent") and you
believe that your rights or the rights of a principal have been violated, please support your claim by
submitting an Intellectual Property Rights (IPR) form and providing us with the documentation
requested below. Please allow time for us to process the information provided and tiktok will respond to your
complaint as soon as possible.
8.4 Complaints filed under this
Section 8 must be provided in a form prescribed by tiktok, which may be updated from time
to time, and must include, at a minimum, the following: (a) a physical or electronic signature of the
IPR owner or IPR agent (collectively, the "Informant"); (b) a description and proof of rights in the
type and nature of the IPR allegedly infringed; and (c) a description of the nature of the alleged
infringement and proof of rights; (d) a URL containing a list of the alleged infringement; (e)
information sufficient to permit tiktok to contact the
whistleblower, such as the whistleblower's physical address, telephone number, and email address; (f)
a statement by the whistleblower that the complaint is made in good faith and that (g) a statement by
the whistleblower that the information in the notice is accurate, that the whistleblower will
indemnify us for any damages we may suffer as a result of the information provided by the
whistleblower, and that the whistleblower has the proper rights or is authorized to act on behalf of
the owner of the intellectual property in all matters relating to the complaint.
8.5 tiktok acknowledges that
manufacturers have the right to enter into certain exclusive distribution agreements or minimum
advertised price agreements for their products. However, a breach of such agreements does not
constitute an infringement of intellectual property rights. Because the enforcement of such agreements
is a matter between the manufacturer and the seller, tiktok does not assist in such
enforcement activities and does not enforce exclusive distribution rights or price control matters,
except in countries where there are laws specifically governing selectivity or exclusivity in
8.6 Each Seller agrees to hold Zulily
shop and its
affiliates harmless from all claims, causes of action, damages and judgments arising out of or related
to any claim of intellectual property infringement or any deletion of any content or product
9. Purchase and
9.1 tiktok supports one or more of the
following payment methods in each country in which it operates.
(i) Credit Card
Card payments are processed
through third party payment channels and the types of credit cards accepted by these payment channels
may vary depending on the jurisdiction in which you are located.
(ii) Cash on Delivery
tiktok offers cash on delivery
services in select countries. Buyers may pay cash directly to the delivery agent upon receipt of the
(iii) Bank Transfer
Buyer may make payment to our
Account (as defined in Section 12) via ATM or online bank transfer ("Bank Transfer"). Buyer must
provide a transfer receipt or payment transaction reference to tiktok through the "Upload
Receipt" feature in the tiktok application as confirmation
of payment. If tiktok does not receive
confirmation of payment within three (3) days, Buyer's order will be cancelled.
(iv) Installment Purchase
For orders over RM 500, Buyer may
pay in installments. Installment payments are processed through a third party channel. The banks that
currently support the installment plan are Maybank and Public Bank.
(v) Deferred payment using
SPayLater service (if applicable)
Buyer can make deferred payment
for eligible orders using the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd
("SeaMoney"). In order to provide the SPayLater service, SeaMoney will enter into a receivables
purchase arrangement with an Eligible Seller for the Seller to sell the Buyer's receivables to
SeaMoney in exchange for payment from SeaMoney.
9.2 Buyer may only change its
preferred payment method for purchases prior to payment.
9.3 tiktok is not responsible for any
loss or damage to Buyer resulting from shipping information and/or payment information entered by
Buyer or incorrect remittance of funds by Buyer in payment for a purchased item. We reserve the right
to check whether Buyer is duly authorized to use certain payment methods and may suspend the
transaction until such authorization is confirmed, or cancel the relevant transaction if such
confirmation cannot be obtained.
10. Seller's Wallet
10.1 Your Account allows for the
storage of money received by you from the proceeds of sales on the Platform ("Seller's Wallet"). The
total of this amount minus any withdrawals will be reflected as your Seller Wallet
10.2 Payments for items you sell
shop shall be
credited to your Seller's Wallet within three (3) days of delivery of the item to the Buyer or
immediately after the Buyer confirms that they have received the item.
10.3 Once submitted, you may not
modify or cancel a withdrawal request at will.
10.4 If an error occurs in the
processing of any transaction, you authorize us to initiate a debit or credit entry to your designated
bank account to correct the error, provided that any such correction complies with applicable laws and
regulations. If we are unable to debit your designated bank account for any reason, you authorize us
to resubmit the debit and any applicable fees to any other bank account or payment instrument you have
on file with us or to deduct the debit and applicable fees from your Seller's Wallet in the future. If
we are unable to credit your alternative account for any reason, we reserve the right to process or
dispose of such funds in accordance with applicable law, including submitting such funds to the
Unclaimed Funds Registry (Jabatan Akautan Negara Malaysia) as required by the U.S. Unclaimed Funds Act
(the "Registry "). In such case, you may recover your unclaimed funds directly from the Registrar,
less any fees or charges that may have been imposed, without further recourse to us.
10.5 You authorize us to initiate
a debit or credit entry to your Seller's Wallet to.
(i) to correct any errors in the
processing of any transaction.
(ii) When tiktok determines that you have
engaged in fraudulent or suspicious activity and/or transactions.
(iii) in connection with any
lost, damaged or incorrect items.
(iv) in connection with any
reward or rebate.
(v) in connection with any
(vi) in connection with the
resolution of any transaction dispute, including any compensation due to or from
(vii) in connection with any
prohibited items or items detained by customs.
(viii) in connection with any
change of mind agreed to by the buyer and seller.
(ix) to recover any outstanding
amounts you owe us (including late fees and/or interest); and
(x) to purchase Ad Credits where
you have activated the Ad Credit top-up feature and your Ad Credits are below your Ad Credit minimum
10.8 We reserve the right to
limit, freeze or suspend your Seller Wallet for any reason, including your failure to repay
outstanding amounts owed to us by the due date.