Tiktok Shop Academy

TikTok Shop Coupon Terms and Conditions

10/25/2023

Campaign
Last updated: November 17, 2022 These TikTok Shop Coupon Terms and Conditions (including but not limited to, Shipping Fee Programme Terms, Co-Funded Price Discount Programme Terms and the Jurisdiction Specific Terms in the Annex) (collectively “Programme Terms”) shall apply in addition to the Merchant Terms of Service and govern Your application for and participation in the TikTok Shop Coupon Programme (“Programme”) on TikTok Shop. To the extent that there is any conflict between these Programme Terms and the Terms in relation to the Programme, these Programme Terms shall take precedence and govern. 1. Acceptance of Programme Terms1.1 Your participation in the Programme is subject to Your acceptance of these Programme Terms. By participating in the Programme, You acknowledge that You have read, understood, and agreed to be bound by these Programme Terms.2. Changes to Programme Terms2.1 TikTok has the right to amend these Programme Terms and adjust details to the Programme (including but not limited to, the rate of LSF Subsidies or price discounts, Participation Requirements, Benefits, the Programme Fees payable by You, condition for using Shipping Fee Coupon(s) and/or Price Discount Coupon(s), etc.) from time to time. TikTok will use commercially reasonable efforts to give You at least one (1) week’s prior notice of any material changes to these Programme Terms, such as through a written notice to You via the Seller Center. However, it is Your sole responsibility to review these Programme Terms regularly to check for such changes. TikTok will also update the “Last Updated” date at the top of these Programme Terms, which reflects the effective date of such Programme Terms. If You do not agree to the change(s) notified to You, You may request to leave the Programme at any time during the notice period, subject to a deadline of application set by TTS and notified You. Your continued participation in the Programme after the notice period shall be deemed Your acceptance of the amended Programme Terms.3. TikTok’s Role3.1 Nothing hereunder shall be construed as TikTok being a party to the agreement between You and the Buyer(s) for the sale and purchase of any Products. Your participation in the Programme shall not be deemed, expressly or by implication, as a representation, warranty or endorsement by TikTok of the price, quality, legality, or compliance of the Product sold by You. You shall be solely responsible for the Product You sell to the Buyer(s).4. Participation Requirements4.1 In order to participate in the Programme, You will need to apply to us through the Seller Center. Your acceptance into and continued participation in the Programme shall be at the sole and exclusive discretion of TikTok, and subject to You meeting (and continue to meet) the Participation Requirements, which are available on the Seller Center. You further agree that TikTok shall have no obligation to accept you into and allow You to participate in the Programme even if You satisfy all the Participation Requirements, based on TikTok’s objective review. 4.2 TikTok reserves the right to remove You from the Programme and terminate Your participation in the Programme if: (a) You fail to meet the Participation Requirements, including but not limited to the situation where Your sales volume, seller cancellation rate, delayed delivery rate, return rate, bad rating rate, and/or negative rating rate fall below the requirements in the Participation Requirements; (b) You breach any representation, warranties, covenants, undertakings, agreements or obligations under the Merchant Terms of Service, these Programme Terms or any other terms or policies that are applicable to Your use of the Platform or TikTok Shop; (c) You fail to comply with any and all applicable laws or TikTok policies that apply to You; (d) Your participation in the Programme may bring TikTok, its affiliates, the Platform, TikTok Shop and/or the Programme into disrepute, scandal, contempt, or ridicule, reflect unfavourably or have a negative effect on their reputation, or otherwise disparage them; or (e) TikTok is required to do so to comply with any applicable laws or requests or orders by any court, governmental authorities or regulators. If You are removed from the Programme pursuant to this clause, TikTok shall have the right to remove all Benefits which You were entitled to previously when participating in the Programme, and You shall not be entitled to any refund of the Programme Fees already paid by You. 4.3 Notwithstanding the foregoing, TikTok shall have the right to remove You from the Programme at any time at our sole and absolute discretion. 5. Programme Fees 5.1 In consideration of Your participation in the Programme and the Benefits, TikTok will charge You the programme fees in accordance with these Programme Terms (“Programme Fees”), and the Programme Fees may change from programme to programme. The Programme Fees shall be payable by you in addition to the Fees payable by You under the Merchant Terms of Service. 5.2 The Programme Fees payable by You will be calculated based on the calculation methods as set out on the Seller Center. TikTok reserves the right to review the Programme Fees (including the calculation methods) from time to time at its sole discretion. 6. Benefits6.1 In consideration of Your payment of the Programme Fees, in addition to the LSF Subsidies (as defined below) or price discount that the Buyer(s) will be entitled to when purchasing the Products from You, You will also be entitled to the following benefits (“Benefits”) when participating in the Programme: (a) Special Item Label: All Your Products that are listed for sale on TikTok Shop will be affixed with a special label that indicates Your participation in the Programme. (b) Special Exposure Channel: You will also be able to feature Your Products in a special channel on TikTok Shop in which only participants of the Programme will be able to feature their Products.6.2 The Benefits will apply to all Products that are listed by You for sale on TikTok Shop (Shipping Fee Programme only) or to all Products You have signed (Co-Funded Price Discount Programme only), and will not apply to any Products which You have delisted from or which have been delisted by TikTok from TikTok Shop.6.3 Notwithstanding anything in these Programme Terms to the contrary, TikTok does not provide any representations or warranties, whether express, implied, statutory or otherwise in relation to: (a) the sufficiency of the Benefits; (b) the success, profitability or viability of Your participation in the Programme or Your sale of the Products on TikTok Shop; or(c) any increase in sales of Your Products or revenue for You, number of the Buyer(s) for Your Products, or traffic to You, Your channel or Your Products on TikTok Shop. 7. Indemnification7.1 You shall indemnify, defend and hold harmless TikTok, its affiliates, delegates, subcontractors, service providers, and their respective employees, officers, managers, and agents (“TikTok Indemnitees”) against all harm, loss, claims, damages, costs, expenses, fines, penalties, levies, demands (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) and other liabilities suffered or incurred by TikTok Indemnitees arising out of, resulting from or in connection with: (a) Your participation in the Programme; (b) Your breach of any representation, warranties, covenants, undertakings, agreements or obligations hereunder; (c) Your failure to comply with any and all applicable laws that apply to You, including but not limited to all applicable data protection legislation; (d) Your acts or omissions of fraud or fraudulent misrepresentation; (e) any personal injury or death caused by an act or omission by You; (f) any loss or damage suffered directly or indirectly by a TikTok Indemnitee's contractor or supplier; (g) any allegation or claim of negligence or wilful misconduct arising from any act or omission by You; and (h) any tax demands or other charges or contributions relating to Your participation in the Programme. 8. Limitation of Liabilities8.1 Nothing in these Programme Terms shall limit or exclude any liability which cannot legally be limited.8.2 Under all circumstances and subject to the provisions of this Clause 8 (Limitation of Liabilities), TikTok's total aggregate liability that may arise, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise under these Programme Terms is limited to the total Programme Fees that are chargeable by TikTok and payable by You in the thirty (30) days prior to the cause of action. 8.3 TikTok will not be responsible for any of the following liabilities that may arise in connection with Your participation in the Programme, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise:(a) any loss of profits or anticipated profits, revenues, business opportunities, or anticipated savings; (b) any loss of goodwill or damage to reputation;(c) any loss or corruption of data; (d) any indirect, incidental, special, consequential or punitive damages, or any pure economic loss; or(e) any matter beyond TikTok’s reasonable control.8.4 TikTok shall not be liable for Your acts, errors, omissions, representations, warranties, breaches or negligence, or for any personal injuries, death, property damage, or other damage or expenses resulting therefrom, to the maximum extent permitted by applicable law. 8.5 To the maximum extent permitted by applicable law TikTok hereby disclaims any and all representations, warranties or conditions not expressly set out in these Programme Terms. 9. Termination9.1 TikTok may terminate the Programme and/or these Programme Terms (whether with You alone or part or all of Merchants) at any time without cause by giving You notice in writing. 9.2 You may request to leave the Programme at any time by giving TikTok prior notice in writing. TikTok will remove You from the Programme and remove the Benefits associated with You or Your Products within ten (10) working days’ period upon receipt of your request. 9.3 TikTok may suspend Your participation in the Programme at any time without cause by giving You notice in writing in TikTok’s sole discretion based on Your performance in the relevant Programme.9.4 The termination of the Merchant Terms of Service for TikTok Shop between You and TikTok or termination of Your account for any reason will automatically terminate these Programme Terms. Any suspension of Your account under the Merchant Terms of Service for TikTok Shop will result in the suspension of Your participation in the Programme hereunder. 9.5 Notwithstanding anything to the contrary therein:(a) If there are outstanding orders between You and the Buyer(s) as of the termination date of these Programme Terms or Your participation, these Programme Terms shall be extended until all such orders have been fulfilled, so long as such orders are not in breach of the Merchant Terms of Service for TikTok Shop, these Programme Terms, TikTok policies or guidelines, or applicable law; and(b) If there are outstanding orders between You and the Buyer(s) as of the suspension date of Your participation in the Programme, You shall continue to be entitled to fulfil such orders, provided that the provision of such orders are not in breach of the Merchant Terms of Service for TikTok Shop, these Programme Terms, TikTok policies or guidelines, or applicable law.9.6 The termination of these Programme Terms shall not relieve any party of obligations accrued prior to the date of termination.Shipping Fee Programme Terms1. Programme Products1.1 You can apply to participate the TikTok Shop Shipping Fee Programme (“Shipping Fee Programme”) at Merchant’s shop level.1.2 Once You are regarded as an eligible Merchant, all of the Products sold by You in the shop participating in the Shipping Fee Programme will be programme products (“Shipping Fee Programme Products”) and receive the coupons subject to below Clause 2 (Coupon). 2. Coupon2.1 During Your participation in the Shipping Fee Programme, the Buyer(s) who purchase the Products from You on TikTok Shop will be entitled to use Shipping Fee Coupon(s) issued by TikTok to receive subsidies to their logistic service fees (“LSF Subsidies”), subject to these Programme Terms. 2.2 You acknowledge and agree that the Buyer(s) will be entitled to use the Shipping Fee Coupon(s) provided that:(a) the Buyer(s) are using the Shipping Fee Coupon(s) which are valid and not expired;(b) the Buyer(s) are using the Shipping Fee Coupon(s) in compliance with any applicable terms of use (including meeting the minimum spending requirements);(c) You are using logistic services provided by TikTok or its affiliates to fulfil orders placed by the Buyer(s).2.3 You further acknowledge and agree that TikTok shall have the right to return the Shipping Fee Coupon(s) which had been utilised by a Buyer to such a Buyer if the order is cancelled before Delivery (as defined in below Clause 3.5). 3. Programme Fees3.1 TikTok will charge You extra service fee as the Programme Fees in the Shipping Fee Programme (“Extra Service Fee”). The Extra Service Fee shall be payable by you in addition to the fees payable by You under the Merchant Terms of Service (“the Fees”), and separate from the shipping fees.3.2 You are responsible for the total Extra Service Fees calculated. You can check the calculation method of Extra Service Fee on the Seller Center.3.3 Subject to below Clause 3.4, TikTok shall have the right to charge You for, and You shall pay us, the Programme Fees in respect of every Delivery made to a Buyer. For the purpose of these Programme Terms, a “Delivery” shall be deemed to have occurred if the Products ordered by the Buyer(s) on TikTok Shop had been delivered to the Buyer(s). For the avoidance of doubt, TikTok shall have no obligation to refund You any Extra Service Fee that is already paid by You if a Buyer returns the Products which it had purchased from You after a Delivery has been made in respect of such Products.3.4 If a Buyer’s order consists of both Your Products and the Products sold by another Merchant which does not enter the Shipping Fee Programme, the Buyer would be entitled to use a Shipping Fee Coupon to receive LSF Subsidies in relation to the logistic service fees that would be payable on the Buyer’s order, and You will be charged the Programme Fees in relation to such order. 3.5 You will not be charged the Programme Fees, and any Programme Fees which had been paid by You will be refunded to You in the following circumstances:(a) the order is cancelled by the Buyer(s) before Delivery, unless such cancellation is caused by or attributable to You;(b) any Shipping Fee Programme Products to be delivered to the Buyer(s) are lost or missing; or(c) there is a Delivery failure (including but not limited to, Delivery failure due to failure to contact the Buyer, Delivery failure due to rejection by the Buyer), unless such Delivery failure is caused by or attributable to You. 4. Suspension4.1 As part of GNE policy, during Shipping Fee Programme, TikTok is entitled to, to its discretion, blacklist You if You do not meet the quality control and supervision services (“QCSS”), or in other circumstances as specified in GNE policy. Once You are blacklisted, the Shipping Fee Coupon(s) will become not applicable to Shipping Fee Programme Products and the Shipping Fee Programme tag will be removed from Shipping Fee Programme Products.4.2 During the blacklist period, no Extra Service Fee will be charged.4.3 Within the term of the Shipping Fee Programme, as soon as You meet the QCSS again, TikTok will restore the application of the Shipping Fee Programme Coupon(s) and the Shipping Fee Programme tag to Shipping Fee Programme Products. Co-Funded Price Discount Programme 1. Programme Products and Events1.1 You can apply to participate the TikTok Shop Co-Funded Price Discount Programme (“Co-Funded Price Discount Programme”) by product level. For avoidance of doubt, Your Products will not be signed with the Co-Funded Price Discount Programme unless You apply those Products and Your Products are eligible for this Co-Funded Price Discount Programme.1.2 Once Your Products are regarded as eligible, the Products will be programme products (“Co-Funded Programme Products”) and receive the coupons subject to below Clause 2.1.3 The Co-Funded Price Discount Programme consists of various campaigns (“Events”) with the same Programme rules and different policies. Length of these Events may vary from Event to Event. You may choose to participate in any specific Event(s), and would not be regarded as participating in other Events You did not choose. 1.4 During Your participation in the Event(s), You shall guarantee certain amount of stock of Co-Funded Programme Products in the Event(s), and the price of Co-Funded Programme Products on TikTok Shop and the promotional price of the Programme Products in the Event(s) shall not be altered.1.5 The policy for each Event remains unchanged during the Event. You shall comply with the Programme Terms and the policies of the Event(s) You have participated in. 2. Coupon and Subsidy2.1 The Programme Fees in the Co-Funded Price Discount Programme is assumed by You in the form of Merchant-Side Discounts (as defined below).2.2 Once Your Products are regarded as Co-Funded Programme Products, TikTok will provide You with subsidies and provide the Buyer(s) who purchase Co-Funded Programme Products on TikTok Shop with Co-Funded Price Discount Coupons (“Price Discount Coupon(s)”) subject to below Clause 2.3. 2.3 During Your Participation in the Co-Funded Price Discount Programme, when the orders (Co-Funded Programme Products only) meet the conditions of the Event and the Buyer(s) have made payment for Co-Funded Programme Products, the Buyer(s) will be entitled to use the Price Discount Coupon(s) issued by TikTok to deduct part of their transaction amount. Only part (not total) amount of the Price Discount Coupon(s) face value is provided by TikTok to You and the remaining part of the face value shall be borne by You as the Product price discount provided by You directly to the Buyer(s) (“Merchant-Side Discounts”).2.4 If the Buyer(s) are allowed to get refund of Co-Funded Programme Products after their purchase (e.g. their order is cancelled according to the relevant rules of TikTok Shop), the Price Discount Coupon(s) will not be deemed to have been utilised, while the Merchant-Side Discounts borne by You for this/these Price Discount Coupon(s) will be zero.2.5 You further acknowledge and agree that TikTok shall have the right to return the Price Discount Coupon(s) to the Buyer(s) if the Price Discount Coupon(s) has not been deemed as utilised according to the policy of the Event.2.6 You acknowledge and agree that the Buyer(s) will be entitled to use the Price Discount Coupon(s) if: (a) the Price Discount Coupons are valid and not expired;(b) the Buyer(s) are using the Price Discount Coupon(s) in compliance with any applicable terms made by TikTok (including following amendments from time to time); and (c) the Buyer(s) meet the minimum spending requirements as required in relevant terms published and / or updated by TikTok (if any). AnnexJurisdiction Specific Termsn/a
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