13 December 2023

These promotional tool terms and conditions (the "Promotional Tool Terms") set out the terms and conditions that apply to sellers on TikTok Shop ("You" or "Your") use of any promotional tools offered by TikTok to You in connection with TikTok Shop (the "Promotional Tools"). The TikTok entity offering the Promotional Tools to You is the TikTok entity as set out in the TikTok Shop Merchant Terms of Service ("we" / "TikTok") and these Promotional Tool Terms are subject to, and apply in addition to, the TikTok Shop Merchant Terms of Service (and any other TikTok policies notified to You from time to time).

1. Any use of the Promotional Tools to facilitate Your promotions to customers on TikTok Shop ("Merchant Promotions") is at your discretion.
2. The Promotional Tools are solely to facilitate Merchant Promotions and You are solely responsible for any Merchant Promotions that use the Promotional Tools (including, without limitation, with respect to determining any product prices or discounts You may wish to offer to customers).
3. You shall bear all costs associated with any Merchant Promotions. TikTok is not responsible for any costs that You may incur in connection with Your use of the Promotional Tools for any Merchant Promotions (including, without limitation, any costs you incur in connection with any mispriced products or discounts or You using the Promotional Tools in combination with any other discounts, offers or promotions that may be offered to customers on TikTok Shop).
4. TikTok does not guarantee the success of any Merchant Promotions organised by You. The availability of any Promotional Tools to You does not indicate or otherwise suggest any endorsement or approval of a Merchant Promotion by TikTok. TikTok is not responsible or liable for any customer claims, queries or complaints that You may receive in connection with any Merchant Promotions.
5. The Promotional Tools are provided to You on an "as is" basis. To the maximum extent permitted by applicable law, unless otherwise provided under these Promotional Tool Terms, TikTok makes no warranties, representations or conditions, whether express or implied, with respect to the Promotional Tools.
6. By using the Promotional Tools, you agree to comply with the customer-facing terms and conditions that are notified to customers on TikTop Shop in respect of any promotion you run, including without limitation the Bundle Deal Terms and Conditions, etc.
7. Additional terms and conditions notified to You may apply to Your use of the Promotional Tools made available to you ("Additional Terms") and You must comply with any such Additional Terms at all times.
8. You acknowledge and agree that if an order from TikTok Shop that a customer successfully applied a Merchant voucher to is refunded, then that customer may re-use that Merchant voucher on the same terms.
9. You acknowledge and agree that TikTok may collect and use non-personal data from Your use of the Promotional Tools to improve its services and protect other users of the Promotional Tools (for example, to monitor and track fraud, illegal activity or misuse of the Promotional Tools).
10. You must not use any Promotional Tools for any Merchant Promotions if it will result in You being in debt to TikTok, or not having any monies in Your account. Your use of any Promotional Tools will be subject to a minimum account balance as notified to You by TikTok from time to time("Minimum Threshold"). If You fall below the Minimum Threshold, then your use of the Promotional Tools will automatically be suspended (unless TikTok agrees otherwise in writing).
11. By using the Promotional Tools, You represent, warrant, and undertake that you are aware of and You shall comply with all applicable laws, rules, and instructions of applicable competent authorities, including those relating to price compliance matters and the conduct of sales promotions, and You agree to indemnify, defend and hold TikTok and TikTok Affiliates and any of their employees, directors or agents harmless from and against any claim that arises out of or relates to your violation of this clause.
12. In order to improve our users' shopping experience, TikTok may conduct occasional experiments during which some customers may be offered discounts or vouchers different from others during the promotion period. By using the Promotional Tools, you agree to participate in such experiments conducted by TikTok. Your continued use of the Promotional Tools shall be deemed as your acceptance of these experiments. You may have the option to opt-out of specific experiments, where feasible. However, TikTok reserves the right to determine the feasibility of opt-out options based on the nature of each experiment.
13. To the extent permitted by applicable law, TikTok reserves the right to suspend or cancel Your use of the Promotional Tools (in whole or part) at any time.
14. These Promotional Tools Terms are governed in accordance with, and all disputes arising out of or in connection with these Promotional Tools Terms shall be subject to the applicable 'Governing Law and Jurisdiction' provisions of the TikTok Shop Merchant Terms of Service.