1. Introduction

1.1 Welcome to the TikTok platform (the "Website"). Before using this website or opening a TikTok account ("Account"), please read the following Terms of Service carefully so that you understand your legal rights and obligations related to TikTok . The "services" we provide or provide include (a) this website, (b) the services provided by this website and the TikTok client software provided through this website, and (c) all information, linked pages, functions, data, text, Images, photos, graphics, music, sound, video (including live broadcasts), messages, tags, content, programming, software, application services (including without limitation any mobile application services) or provided through this website or its related services Other Materials ("Content"). Any new features that are added to or enhance the Service 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 that provide venues and opportunities for the sale of goods between buyers (“Buyers”) and sellers (“Sellers”) (collectively, “you”, “Users” or the “Parties”). The actual sales contract is entered into directly between the buyer and the seller, and TikTok is not a party to that contract or any other contract between the buyer and the 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. Sears may or may not pre-screen users or user-provided content or information. TikTok reserves the right to remove any content or information you post on the Site in accordance with Section 6.4 hereof.

1.3 Before becoming a user of this website, you must read and accept all terms and conditions in these Terms of Service and all terms and conditions associated with these Terms of Service, and you must agree to follow the instructions in the Privacy Policy linked here Processing of your personal data.

1.4 TikTok reserves the right to change, modify, suspend or terminate all or any part of this website or services at any time or upon notice in accordance with local legal requirements. TikTok may release certain services or its features in beta versions, which may not function properly or operate in the same manner as the final version, in which case we do not assume any responsibility. TikTok may also, in its sole discretion, limit certain features or restrict your access to parts or the entire Site or Services without prior notice or liability.

1.5 TikTok reserves the right to refuse to provide you with access to the website or services or to allow you to open an account for any reason.

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 herein and/or linked to here.

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 to consent to this Agreement under the applicable laws of your country ("Legal Age"), you must obtain the permission of 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, please do not create an account until you seek help from your parent or legal guardian. If you are the parent or legal guardian of a minor who creates 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 Company Services using the account,

privacy

2.1 Your privacy is very important to TikTok . To better protect your rights, we provide TikTok ’s Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how TikTok collects and uses 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) Agree to TikTok’s collection, use, disclosure and/or processing of your content, personal data and user information as described in the Privacy Policy;

(ii) agree and acknowledge that ownership of your User Information is jointly owned by you and Sears; and

(iii) Without TikTok’s prior written consent, you shall not directly or indirectly disclose your user information to any third party, or otherwise allow any third party to access or use your user information.

2.2 Users who have the Personal Data of other users through their use of the Services ("Recipients") hereby agree that they will (i) comply with all personal data protection laws applicable to any such data; (ii) permit the Recipient to The user of the data (the “disclosing party”) deletes his or her data so collected from the receiving party’s database; (iii) in each case of (ii) and (iii) above, allow the disclosing party to review that the receiving party has What information is collected about them in accordance with and where required by applicable law.

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 ("Intellectual Property") displayed on the Site are the property of TikTok and, where applicable, the third party owners identified on the Site. No right or license is granted, directly or indirectly, to any party accessing the Site to use or reproduce any intellectual property rights, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Service, you agree to abide by the copyright, trademark, service mark and all other applicable laws that protect the Service, 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 from any portion of the Services, Website or their Content. You also may not mirror or frame any part or all of the Content on any other server or as part of any other website without our prior written consent. Additionally, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed to be standard search engine adoption by Internet search sites) Technology) to guide Internet users to access this website). Mirror or frame any part or all of the Content on any other server or as part of any other website. Additionally, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed to be standard by Internet search engines employed by search engines Technology) to guide Internet users to access this website). Mirror or frame any part or all of the Content on any other server or as part of any other website. Additionally, you agree that you will not use any robot, spider, or any other automatic device or manual process to monitor or copy our content without our prior written consent (such consent is deemed to be standard by Internet search engines employed by search engines Technology) to guide Internet users to access this website).

3.2 You are welcome to link to this website from your website, provided that your website does not imply any endorsement or association with TikTok . You acknowledge that TikTok may, at its sole discretion, stop providing some or all of its services at any time without prior notice.

software

4.1 Any software we provide to you as part of the Service is subject to these Terms of Service. TikTok reserves all rights in and to the Software not expressly granted by TikTok . Any third-party scripts or code linked to or referenced by the Services are licensed to you by the third party that owns such scripts or code, and not by TikTok .

Account and Security

5.1 Certain features of our Services require registering for an account by selecting a unique user identification ("User ID") and password and providing certain personal information. If you select a user ID that TikTok determines in its sole discretion to be objectionable or inappropriate, TikTok reserves the right to suspend or terminate your account. You may be able to use your account to access other products, websites or services that we have enabled access to or that are bundled or partnered with us. TikTok has not reviewed, and is not responsible for, any third-party content, functionality, security, services, privacy policies or other practices of these products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies,

5.2 You agree to (a) keep your password confidential and only use your user ID and password when logging in, (b) ensure that you exit your account at the end of each session on the Site, (c) immediately notify TikTok of any 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 your responsibility. Sears is not responsible for any loss or damage resulting from the unauthorized use of your password or your failure to comply with this section.

5.3 You agree that TikTok may immediately suspend, freeze or terminate your account and your user ID for any reason, with or without notice to you or any third party, and delete or discard any information related to you from the website. account and User ID, revoke any subsidies provided to you, cancel any transactions associated with your account and User ID, temporarily or in more serious cases permanently withhold any sales proceeds or refunds, and/or take any action Sears deems necessary. any other action. Reasons for such conduct 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) illegal, fraudulent, harassing, defamatory, threatening or abusive conduct (d ) have multiple user accounts, (e) purchase products on the Site for commercial resale purposes, (f) unusual or excessive purchases of products from the same seller or related group of sellers, (g) voucher abuse (including but not limited to selling Vouchers to third parties, selling Vouchers or other credits at a premium to face value and/or making unusual or excessive use of Vouchers on the Site), or (h) for the commercial benefit of other users, third parties or Sears. Use of an account for unlawful, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement agencies without notice to you. In the event of legal dispute or law enforcement action related to your account or your use of the Services for any reason,

5.4 Users may terminate their Accounts if they notify Sears in writing (including by email at [email protected]) that they wish to do so. Notwithstanding any such termination, User remains responsible for any incomplete transactions (whether initiated before or after such termination), shipment of Products, payment for Products, etc., and User must promptly contact Sears and Effectively execute and complete all outstanding transactions in accordance with the Terms of Service. Sears disclaims all liability and disclaims liability for 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 You may only use the Services and/or open an Account if you are located in one of our approved countries as updated by us from time to time.

6.1 The license to use the Site and Services is valid 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, Shopee may effect such termination with or without notice to you.

6.2 You agree not to:

(a) Upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially or otherwise objectionable;

(b) violate any law, including without limitation any laws or regulations relating to import or export restrictions, third party rights, 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 or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

(f) remove any proprietary rights notices from the Site;

(g) Cause, allow or authorize the modification, creation of derivative works or translation services without the express permission of TikTok;

(h) use the Services for the benefit of any third party or in any manner not permitted by the license granted hereunder;

(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) use an emulator, emulator, robot, or other similar hardware or software to access the Sears Platform, open a User Account, or otherwise access your User Account;

(l) manipulate the price of any item or interfere with other users' listings;

(m) take any action that may undermine the feedback or rating system;

(n) Attempt to decompile, reverse engineer, disassemble or decipher the Service (or any part thereof) or to defeat or overcome any encryption technology or security implemented by TikTok in connection with the Service and/or data transmitted, processed or stored by Provided by TikTok;

(o) Harvest or collect any information about other account holders, including without limitation any personal data or information;

(p) Upload, email, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of) employment relationship or confidentiality agreement);

(q) upload, email, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights 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 schemes," or Any other unauthorized form of solicitation;

(s) Upload, email, post, transmit or otherwise make available any computer code, routine, file or program that contains software viruses, worms, Trojan horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, disrupt or damage material or that limits the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Service can type, or otherwise negatively affects other users' ability to communicate in real time;

(u) interfere with, manipulate or disrupt the Service or servers or networks connected to the Service or any other user's use and enjoyment of the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Service or servers or networks connected to the Service;

(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) and contrary Money laundering or counter-terrorism related;

(x) use the Services to violate or circumvent any sanctions or embargo imposed or enforced by the U.S. Treasury Department’s Office of Foreign Assets Control, the United Nations Security Council, the European Union, or the United Kingdom Treasury Department;

(y) use the Services to invade the privacy of others or to “stalk” or otherwise harass others;

(z) infringe TikTok’s 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 the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner that infringes the intellectual property rights of others.

or (cc) direct or encourage other users to engage in 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, 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 may find offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, TikTok will not under any circumstances be liable in any way for any content, including without limitation for 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, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that TikTok and its designees have the right (but not the obligation) to pre-screen, refuse, delete, stop, suspend, delete or move any content, including but not limited to any content or information posted by you, that is available on the Website at its sole discretion. use without any liability to you. Without limiting the foregoing, TikTok and its designees reserve the right to remove any content that (i) violates these Terms of Service or our Prohibited and Restricted Items policy; (ii) if we receive complaints from other users; (iii) ) if we receive a notice or allegation of intellectual property infringement or other legal direction or a request for removal; or (iv) if such content is otherwise objectionable. We may also block the delivery of communications (including, without limitation, status updates, posts, messages, and/or chats) as part of our efforts to protect the Service or our users, or to 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 fullest extent permitted by applicable law, may not rely on any content created by Sears or submitted to TikTok, including without limitation information found in the Sears Forums and all other portions of the 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 TikTok or submitted to TikTok, including without limitation information found in the TikTok Forums and all other portions of the 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 Sears or submitted to TikTok, including without limitation information found in the Sears Forums and all other portions of the Site.

6.5 You acknowledge, agree and agree that TikTok may access, preserve and disclose your account information and content to any legal, regulatory or governmental agency, relevant rights owner or other third party (if required to do so by law), court or against TikTok Lawful requests by any governmental or regulatory agency having competent jurisdiction, or in the good faith belief 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 infringes third-party rights, including intellectual property rights; (d) respond to your customer service requests; (e) protect the rights of TikTok, its users and/or the public , property or personal safety.

Violate our terms of service

7.1 Violations of this policy may result in a range of actions, including but not limited to any or all of the following:

list delete

Limitations on account permissions

Account suspension and subsequent termination

criminal charges

Civil proceedings, including but not limited to claims for damages and/or provisional or injunctive relief

7.2 If you believe that a user on our website has violated these Terms of Service, please contact [email protected].

Report intellectual property infringement

8.1 As mentioned above, TikTok does not allow the listing of products 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, and they are not affiliated with TikTok in any way. TikTok is neither the user's agent nor the user's representative, and does not hold and/or own any goods listed on the website. Place.

8.3 If you are an Intellectual Property Owner or the Intellectual Property Owner's duly authorized agent ("IP Agent") and you believe that your rights or the rights of your principal have been violated, please submit an Intellectual Property Rights (IPR) form and provide us with the documentation requested below to support your claim. Please allow us time to process the information provided. Sears will respond to your complaint as quickly as possible.

8.4 Complaints made under this Section 8 must be provided in a format prescribed by TikTok, which may be updated from time to time, and must include at least the following: (a) A physical or electronic signature of the IP owner or IP agent (collectively, , "Informant"); (b) a description of the type and nature of the intellectual property allegedly infringed and proof of title; (c) a description of the nature of the alleged infringement with sufficient detail to enable TikTok to evaluate the complaint (d) A URL containing a list of alleged infringements; (e) Information reasonably sufficient to permit Sears to contact the reporting person, such as the reporting person's physical address, telephone number, and email address; (f) A statement by the reporting person that the complaint is filed in good faith and that the reporting person Use of the identified intellectual property is not authorized by the intellectual property owner or the law; (g) the whistleblower declares that the information in the notification 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 person who has the appropriate authority or is authorized to act on behalf of the intellectual property owner 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 agreement does not constitute an infringement of intellectual property rights. Because the enforcement of these agreements is a matter between the manufacturer and seller, Sears does not assist with such enforcement activities and does not enforce exclusive distribution rights or price control matters except in countries with laws specifically governing selectivity or exclusivity. .

8.6 Each Seller agrees to hold TikTok and its affiliates harmless from and against all claims, causes of action, damages and judgments arising from any removal of any content or product listings based on or related to any intellectual property infringement claim.

Purchase and payment

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 your jurisdiction.

(ii) Cash on delivery (COD)

TikTok offers cash on delivery in selected countries. Buyers may pay cash directly to the delivery agent upon receipt of their purchase.

(iii) Bank transfer

The Buyer may pay by ATM or online bank transfer ("Bank Transfer") to our designated TikTok Guaranteed Account (as defined in clause 12). Buyers must provide Sears with a transfer receipt or payment transaction reference as confirmation of payment through the "Upload Receipt" feature in the TikTok app. If TikTok does not receive payment confirmation within three (3) days, the buyer's order will be cancelled.

(iv) Installment purchase plan

For orders over RM 500, buyers can pay in installments. Installment payments are processed through third-party channels. The banks that currently support installment plans are Maybank and Public Bank.

(v) Deferred payment using SPayLater service (if applicable)

Buyers can use the SPayLater service provided by SeaMoney Capital Malaysia Sdn. Bhd. to make deferred payments for eligible orders. Ltd. ("SeaMoney"). In order to provide the SPayLater Service, SeaMoney will enter into a receivable purchase arrangement with a qualified seller, whereby the seller sells the buyer's receivables to SeaMoney in exchange for payment from SeaMoney.

9.2 The Buyer may only change the preferred payment method for his or her purchase before payment is made.

9.3 TikTok is not responsible for any loss or damage caused to the Buyer due to incorrect shipping information and/or payment information entered by the Buyer or incorrect remittance by the Buyer of payment for purchased items. We reserve the right to check whether the buyer is duly authorized to use certain payment methods and may suspend a transaction until such authorization is confirmed, or cancel the relevant transaction if such confirmation cannot be obtained.

seller wallet

10.1 Your Account allows the storage of monies you receive from sales proceeds on the Platform (“Seller Wallet”). The sum of this amount minus any withdrawals will be reflected as your seller wallet balance.

10.2 Payment for items sold by you on TikTok shall be credited to your seller wallet within three (3) days of delivery of the item to the buyer or as soon as the buyer confirms that they have received the item.

10.3 Once submitted, you may not modify or cancel the withdrawal request at will.

10.5 If an error occurs while processing 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, together with any applicable fees, to any other bank account or payment instrument you have on file with us, or deduct the debit and applicable fees. The fee will come from your seller wallet. 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 an unclaimed account as required by the U.S. Unclaimed Funds Act. Fund Registry (Jabatan Akautan Negara Malaysia) (the “Registry”). In such event, you may recover your unclaimed monies directly from the Registrar, less any fees or charges that may be imposed, without further recourse to us.

10.5 You authorize us to initiate debit or credit entries to your seller wallet:

(i) correct any errors in the processing of any transaction;

(ii) when TikTok determines that you have engaged in fraudulent or suspicious activities and/or transactions;

(iii) in connection with any lost, damaged or incorrect items;

(iv) in connection with any incentives or rebates;

(v) in connection with any uncollected fees;

(vi) in connection with the resolution of any transaction disputes, including any compensation due to or from you;

(vii) in relation to any prohibited items or items detained by customs;

(viii) in connection with any change of mind agreed between Buyer and Seller;

(ix) recover any outstanding amounts owed by you to us (including late payment fees and/or interest); and

(x) Purchase advertising credits when you have activated the advertising credits recharge function and your advertising credits are lower than the minimum amount of your advertising credits.

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.

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