1 Introduction
1.1 Welcome to the TIK Shop platform
(hereinafter referred to as "this platform"). Please read these Terms
of Service carefully before using the TIK Shop platform or opening
a TIK Shop account ("Account") or opening a TIK Shop store
("Store") to understand your relationship to TIK Shop (individually
and collectively, "TIK Shop", "we" or "our")
legal rights and obligations. The services we provide (hereinafter referred to
as "the service") include
(1) the platform (including mobile applications),
(2) the services provided by the platform and the TIK Shop client
software,
(3) through the platform or its related All information, linked web pages,
functions, data, text, images, photos, graphics, music, sounds, videos,
information, labels, content, programming, software, application services
(including but not limited to any mobile Application Services) (hereinafter
referred to as "Content"). Any new or upgraded features of the
Service shall also be governed by these Terms of Service. These Terms of
Service govern your use of the services provided by TIK Shop.
1.2 TIK Shop Policy: Various terms or
conditions applicable to sellers published on the TIK Shop platform
and updated from time to time, including but not limited to cross-border seller
service terms, privacy policy, prohibited and restricted goods policy, TIK
Shop logistics service terms, seller center The policies and terms stated
above, as well as new policies and terms that will be released in the future.
Unless otherwise agreed in these Terms of Service, the definitions and
interpretations of terms in the TIK Shop Policy shall apply to these
Terms of Service.
1.3 TIK Shop platform, refers to the website
and mobile shopping application provided and operated by TIK Shop,
including but not limited to the global TIK Shop shopping website
and mobile shopping client;
1.4 If you use this service or open an account and store
on this platform, you irrevocably accept and agree to these terms of service,
including the additional terms and policies mentioned in these terms of service
and/or provided by links to these terms of service. At the same time, you
should still abide by the terms of service of the site platform where the store
you have opened in each country/region is located, and accepting and agreeing
to the terms of service will not exempt you from the obligation to read and
abide by the terms of service of the site platform where the store is located.
If there is a conflict between these terms of service and the terms of service
of the platform where you open your store, the terms of service of the platform
where you open your store shall prevail.
If you have entered into other written agreements with us
for specific services, in the event of a conflict between the terms of the
other written agreement and these Terms of Service, the terms of the other
written agreement shall control.
1.5 This service includes the provision of an online
platform service that provides venues and opportunities for sellers
(hereinafter referred to as "you", "users" and
"sellers") to trade goods. The actual sales contract exists between
the buyer (hereinafter referred to as the "buyer") and the
seller, TIK Shop is not the subject of this sales contract or other
contracts between the buyer and the seller, and TIK Shop is not
responsible for such contracts. Buyers and sellers will assume full
responsibility for sales contracts, product listings, purchase guarantees and
similar matters during the use of TIK Shop services. TIK Shop does
not participate in transactions between users. TIK Shop reserves the
right to pre-screen users or user-provided content or information. TIK
Shop reserves the right to remove any content or information you provide
through the Platform in accordance with clause 6.5. TIK Shop does
not guarantee that the user will actually complete the transaction.
1.6 Before becoming a user of this service, you must read
and accept all terms contained in and linked to these Terms of Service, and you
must agree to the Privacy Policy regarding the processing of sellers and
buyers' personal data (such as have) provisions.
1.7 Since you become a user of the Service, if you
violate these Terms of Service and any other rules and policies that you should
abide by (including but not limited to the additional terms mentioned in these
Terms of Service/or the additional terms provided by links to these Terms of
Service and TIK Shop Policy), TIK Shop has the right to
deal with you and the accounts and stores you open on this platform in
accordance with these terms of service and relevant rules and policies
(including but not limited to a series of sanctions described in Article 7.1 of
these terms of service). action), you undertake and agree to accept TIK
Shop's processing and assume corresponding responsibilities.
2 Privacy
2.1 TIK Shop attaches great importance to
privacy protection, and we specifically describe our privacy protection related
operations in the privacy policy. Please read this Privacy Policy carefully to
understand how TIK Shop collects and uses personal information about
your account and/or when you use the Services. If you use this service or
provide information on this platform, you agree to allow TIK Shop to
collect, use, disclose and/or process your content and personal information (if
any) in the use of this service in accordance with the methods described in the
Privacy Policy ).
2.2 Users who use this service and hold third-party
personal data (hereinafter referred to as "recipients") agree to
(1) comply with all personal information-related laws and regulations on
personal information protection;
(2) allow the recipients to collect personal information ("Disclosing
Party") may remove his/her information from the Receiving Party's
repository;
(3) allow the Disclosing Party to view what information its Receiving Party has
collected. In the cases of (2) and (3) above, comply with or act in accordance
with applicable laws and regulations.
3 Limited license
3.1 TIK Shop grants you a limited and
revocable right to log in and use the Service 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 rights
("Intellectual Property Rights") displayed on the Platform are the
property of TIK Shop and third-party owners (if applicable)
identified on the Platform . We have not granted, directly or indirectly, any
right or authorization to use or reset any property to any party logged on to
the Platform, and neither party logged on to the Platform shall claim any
right, title or interest in relation to it. By using the Service, you agree to
abide by the copyrights, trademarks, service marks and all other applicable
laws protecting the Service, the Platform and its content. You agree not to
copy, distribute, redistribute, transmit, publicly display, publicly perform,
modify, adapt, lease or sell, or create derivative works from, the Service, the
Platform, or any portion of its Content. You also may not mirror or frame any
part or the entire content of this Platform on any other server or display it
as part of any other website/platform without our prior written consent. In
addition, without our prior written approval, you agree that you will not use
any bots, spiders, or any other automatic device or manual process to monitor
or copy our content (where search sites use standard search engine techniques
to guide web users except to this platform).
3.2 We welcome you to link to the Platform from your
website, provided that your website/platform does not imply any endorsement by
or any association with TIK Shop. You understand that TIK Shop may
suspend the provision of part or all of this service at any time in accordance
with the requirements of laws and regulations or in accordance with the
principle of good faith.
4 Software
Any software we provide to you as part of the Services is
governed by these Terms of Service. TIK Shop reserves all rights not
expressly granted by TIK Shop herein. Any third-party script or
program code linked or referenced in the Service is licensed to you by the
third party (not TIK Shop) who owns the script or program code.
5 Accounts and Security
5.1 Some functions of this service can only be used by
registering an account and store. When registering an account and store, you
need to select a set of unique user identifiers (hereinafter referred to as
"user IDs") and passwords, and provide some personal information. If
the user ID you choose is unilaterally determined by TIK Shop to be
illegal, non-compliant or inappropriate, TIK Shop reserves the right
to suspend or terminate your account or freeze or close your store. You may use
your user ID and password to log in to other products, websites or services for
which we have enabled access or with which we have an affiliation or
partnership. TIK Shop has not reviewed any third-party content,
features, security, services, privacy policies or other specifications for
these products, websites or services. If you do so, the terms of service for
those products, sites or services, including their respective privacy policies
(if different from our terms of service and/or privacy policies), also apply to
your use of those products, sites or services or use of the Services.
5.2 You agree to
(1) keep your password confidential and use your user ID and password only when
logging in,
(2) ensure that you log out of your account at the end of each session of the
website,
(3) log in to your account, Immediately notify TIK Shop of
unauthorized use of user IDs and/or passwords, and
(4) ensure that your account information is correct and up-to-date. You are
obliged to properly keep the access rights of the account, and all operations
and business activities under the account (including but not limited to the
sub-accounts you open under the main account) are regarded as your actions. You
are solely responsible for all activities that occur under your user ID, store
and account, even if you may not be the executor of that activity or use. TIK
Shop is not responsible for any loss or damage arising from the
unauthorized use of your password or your failure to comply with this section.
5.3 Your registered email address, contact information,
etc. must belong to you and/or your authorized representative. TIK Shop has
the right to verify the information you submit. You agree that TIK Shop may
disclose, transfer or give the above information to third-party service
providers access rights and verify the information, otherwise TIK Shop has
the right to refuse to provide this service.
5.4 The ownership of your TIK Shop account
belongs to TIK Shop, and TIK Shop has the right to manage your
account in accordance with the requirements of laws and regulations or in
accordance with the principle of good faith. You agree that TIK Shop may
immediately terminate your account and your user ID, remove any content related
to your account and user ID from this platform, and withdraw from the platform
by notifying you separately in accordance with the requirements of laws and
regulations or in compliance with the principle of good faith. any allowances
offered and cancel any transactions associated with your account and user ID. TIK
Shop will also explain to you the reasons for such termination, including
but not limited to:
(1) not logging in and operating your account or not operating your store for a
long time (more than 30 days or more); and/or your presence on the platform
Suspension of business for more than one year, including unpaid bills for one
year (regardless of whether the account is used or not);
(2) Violation of the terms of this service;
(3) There is considerable evidence to confirm that the user has committed
fraud, harassment, defamation, threats, insults or other acts that are illegal
or violate the rules of each site;
(4) may have multiple user accounts and duplicate stores based on improper or
illegal intentions;
(5) payments are seized by judicial or administrative authorities;
(6) users submit false or forged identification information, which is verified
to be true;
(7) Acts that are harmful to other users, third parties or TIK Shop's
commercial interests (such as infringement of third-party intellectual property
rights, fictitious transactions, abuse of free shipping or discounts, etc.). If
you use your account for fraudulent, harassing, defamatory, threatening,
insulting or other unlawful purposes, we may report it to the competent law
enforcement authorities without notifying you.
5.5 If your account in TIK Shop is closed due
to serious violations, you are not allowed to re-register the account; if it is
found that the account has been re-registered, TIK Shop has the
right to immediately stop the service and close the seller's account.
5.6 You have the right to terminate these Terms of
Service between TIK Shop and you at any time in the manner agreed by
both parties. If users want to terminate their account and store, they can
notify TIK Shop in writing (email to: service@TIKhing.com or
contact your account manager). Even if the account and store are terminated,
you are still responsible for any outstanding transactions (whether initiated
before or after termination), product shipments, payment for products, etc.
related to transactions, and you must promptly and in accordance with these
Terms of Service Notify TIK Shop upon effective performance and
completion of all outstanding transactions. TIK Shop shall not be
liable for any damages arising from actions taken under these Terms.
5.7 You may only use the Services and/or open an
account/or open a store in permitted countries as updated by us from time to
time.
6 Your commitments and guarantees
6.1 You warrant that you have full rights and/or
authority to sell its products published on the TIK Shop platform,
and that such products, whether manufactured, assembled, produced or otherwise
provided by you, are:
(1) The source is legitimate and legal, and unless
otherwise stated in the product details, they are all brand new and authentic;
(2) Strictly comply with all product guarantees you
provide to the TIK Shop platform, as well as specifications,
drawings, samples, performance standards or other descriptions of the goods
provided by the seller to the TIK Shop platform;
(3) It has the usable performance that the commodity
should have, and has explained the defects in the usable performance of the
commodity;
(4) Comply with the current laws and regulations, do not
violate any existing laws and regulations in China and the region where the
store is located, meet the requirements of protecting personal and property
safety and environmental protection requirements, meet the quality standards
stipulated by relevant departments, and do not infringe the rights of any third
party (including intellectual property rights);
(5) There are no third-party claims of infringement of
any goods, or any claims, demands or legal actions concerning the manufacture,
sale, distribution or use of the goods. And TIK Shop will not
receive any third-party allegation of infringement because you sell products on
the TIK Shop platform.
6.2 Commitment and Warranty:
(1) You agree and warrant that: TIK Shop will
not advertise, market or promote your products through any means (whether on
the TIK Shop platform or other media) or use the information you
provide to advertise, market or promote your products, and directly or indirectly
infringe the rights (including intellectual property rights) of any third
party;
(2) You undertake and warrant that the information you
provide can be used by TIK Shop in advertising, marketing or
promoting your products (whether on the TIK Shop platform or other
media), and does not contain any defamation or other content that violates the
current laws and regulations in the region where the store is located , and has
completeness, accuracy and reliability. You undertake to notify TIK Shop immediately
and correct the error or update if there is any error or update in the
materials you provide. You are solely responsible for any content you publish
or provide in any other way using the TIK Shop platform and
services, including but not limited to the correctness, reliability, authorized
and non-infringing content of any provided content, and legal and statutory
limitations compliance;
(3) You undertake and warrant that you own or are
authorized to have all rights in relation to the Selling Goods, have obtained
any formal consents, exemptions, approvals, authorizations, registrations,
licenses or declarations necessary to ensure that TIK Shop has the
right to advertise, market or promote the Seller’s Goods, And hereby
authorizes TIK Shop to use the above rights for the purpose of
advertising, marketing or promoting the seller's products (whether on the TIK
Shop platform or other media) within the scope of these Terms of Service.
This license is irrevocable, non-exclusive, royalty-free and sublicensable;
(4) You promise that you will only collect, disclose, use
and process buyer information within the scope of the purpose agreed in these
terms of service. You are not allowed to transfer any buyer information without
the prior written consent of TIK Shop and the buyer; if you obtain
the prior written consent of TIK Shop, you should follow the currently
valid laws and regulations, relevant TIK Shop policies and TIK
Shop's reasonable instructions, and the seller should take measures at their
own expense. Appropriate safeguards for that buyer's information. You are
responsible for the collection, disclosure, use, processing or loss of buyer
information by its subcontractors or service providers. You undertake to
indemnify TIK Shop for any damages, including loss of goodwill,
caused by your breach of the obligations of this article or due to intentional
or negligence in the performance of your obligations. You shall be solely
responsible for the costs or expenses incurred by you or your subcontractors
and service providers in complying with the obligations of this clause;
(5) You promise that you have the full rights and legal
authority to sign this Terms of Service Agreement and the actual sales contract
with the buyer. The content of the terms is binding and enforceable on you; you
have completed the registration of market entities and fulfilled tax
obligations in accordance with the law. If you need to obtain relevant
administrative licenses and relevant qualifications according to law, you have
obtained administrative licenses and relevant qualifications according to law;
(6) You promise that the information you provide to TIK
Shop or to buyers through the TIK Shop platform is accurate,
valid and up-to-date; you promise that you will protect consumers' right to
know and fulfill the obligation of information disclosure. You should describe
the products truthfully, including but not limited to providing a true and
complete description of the products and services provided to buyers in all
channels provided by TIK Shop, including but not limited to product
description pages, store pages, and website messaging systems, including but
not limited to No false or misleading statement shall be made regarding the
methods and prices of logistics, after-sales, insurance and other services, as
well as the basic attributes, functions, packaging, fineness, defects, prices,
etc. of commodities.
(7) You promise that the copies of qualifications and
authorization documents you provide to TIK Shop are true, legal, and
valid, and that your contact information (such as email and telephone) provided
to TIK Shop is valid and unobstructed. TIK Shop can use
the above contact information. Connect with you. And if the relevant
qualification information and information are changed, you should provide the
latest information to TIK Shop in a timely manner; if you provide
false or invalid documents or do not provide documents in a timely manner,
resulting in disputes or penalties by the relevant national competent
authorities, you shall be responsible for the resulting disputes. Legal
liability, if losses are caused to TIK Shop (including its partners,
agents, employees, etc.), you agree to compensate for all losses, and TIK
Shop has the right to stop paying your payment until the terms of service
are lifted;
(8) You undertake to sign and perform these terms of
service and all relevant acts of the actual sales contract with the buyer
without violating the current applicable laws, regulations, rules, orders,
judgments, and injunctions in the location of any account and the location
where the store is opened. or other court or administrative agency request.
(9) You promise to use this platform and sellers to
consciously abide by the laws, administrative regulations and relevant national
regulations on the import and export and foreign exchange supervision and
management of each site involved in cross-border e-commerce business
activities; .
(10)You agree and promise: your Store's orders are
processed within 48 hours. Orders from your store that are not processed within
48 hours will be subject to disciplinary action by TIK Shop as
detailed in TOS 7.1.
(11)You agree and promise: to actively cooperate
with TIK Shop in dealing with buyers' complaints about your store.
We will value every suggestion from our buyers and constantly optimize our
service. Once your store has received a complaint from a buyer, TIK Shop will
penalize your store as appropriate, please refer to TOS 7.1 for penalty details
.
6.3 User licenses for this service are valid until the
termination of these terms of service. Such licenses will terminate upon
termination as set forth in these TOS or if you fail to comply with any term or
condition of these TOS. In these cases, TIK Shop may unilaterally
terminate the authorization, and you shall be responsible for the actual loss
caused to TIK Shop.
6.4 You agree not to:
(1) Upload, post, transmit or make available in any other
form any unlawful, harmful, threatening, abusive, harassing, alarmist,
distressing, distorting, defamatory, vulgar, obscene, defamatory, invasive,
hateful, racial, ethnic discriminatory or otherwise objectionable content;
(2) Violation of any laws and regulations, including but
not limited to regulations related to import and export restrictions or
violation of our "Prohibited and Restricted Commodities" policy and
other related policies;
(3) Upload, post, transmit or provide any content about
minors in any other way without the written consent of the minors' parents or
guardians, or use this service to harm minors in any way;
(4) Use this service to impersonate any third party, or
misrepresent your relationship with any third party;
(5) forge headers or otherwise manipulate identifiers to
obscure the origin of any content transmitted through the Services;
(6) Delete any proprietary rights statement from this
platform;
(7) cause, permit or authorize modification, creation of
derivative works or translation of the Service without the express permission
of TIK Shop;
(8) Use the Service for the benefit of any third party or
in any manner not permitted by these Terms, including but not limited to,
without the written consent of TIK Shop, without the prior written
consent of TIK Shop, the account of this Service is sold, or transferred,
in part or in whole. , or authorize a third party to use it;
(9) Use the service or publish product information or
sell products in a fraudulent, unreasonable, false, misleading or deceptive
manner (including but not limited to false shipments, serious misconduct,
unsold transactions, and malicious mass cancellation of orders) Wait);
(10) Register or operate multiple user accounts at the
same time in any violation of the Terms of Service;
(11) Use emulators, simulators, robots or other similar
hardware or software to access the TIK Shop platform, open accounts
or access user accounts.
(12) Manipulate the price of any commodity or interfere
with the publication of other users;
(13) Carry out any conduct that would undermine the
feedback or ranking system;
(14) Attempt to decompile, reverse engineer, disassemble
or hack the Service (or any part thereof), or attempt to decipher any
encryption that TIK Shop employs for the Service and/or information
transmitted, processed or stored by TIK Shop technical or security
measures;
(15) Collect or collect and/or use any information about
all persons obtained through the use of the Service, including but not limited
to any personal data or information;
(16) Upload, email, post, transmit or otherwise make
available any inside information and proprietary and confidential information
that you learn or disclose under any law or contract or fiduciary relationship
(such as as a result of an employment relationship and pursuant to a
nondisclosure agreement) ) is not authorized to provide content;
(17) Upload, email, post, transmit or make available in
any other form any content that infringes any patent, trademark, trade secret,
copyright or other proprietary right of either party;
(18) Upload, email, post, transmit or otherwise provide
any advertisement, promotional material, spam, advertising letter, pyramid
scheme or any other unauthorized form of marketing content that is not
requested or permitted by the recipient;
(19) Upload, email, post, transmit or otherwise provide
any computer virus that is intended to directly or indirectly interfere with, manipulate,
interrupt, destroy or limit the functionality or integrity of any computer
software, hardware, data or communication equipment , worms, Trojan horses or
any other computer code, routines, files or programs;
(20) Disrupting the normal dialogue flow, causing the
screen to scroll faster than the typing speed of other service users, or
otherwise affecting other users' real-time communication;
(21) Interfere with, manipulate or destroy the service or
the server or network connected to the service or any other user's use of the
service, or fail to comply with any regulations, procedures, policies or
regulations where the platform is connected to the network;
(22) Take or participate in any action or behavior that
may directly or indirectly cause the service or the server or network connected
to the service to damage, paralyze, overload or reduce performance;
(23) Use the Service to knowingly or unintentionally
violate any applicable local, state, provincial, national or international law,
rule, code, directive, guideline, policy or regulation, including but not
limited to anything related to anti-money laundering or anti-terrorism relevant
laws and regulations (whether or not legally binding);
(24) Use the Service to violate the privacy of others,
"stalk" or otherwise harass others;
(25) Infringement of TIK Shop's rights, including
infringement of any intellectual property rights and related counterfeiting;
(26) Use the Service to collect or store any third
party's personal data through the aforementioned prohibited acts and
activities;
(27) Publish/sell content that infringes the copyrights,
trademarks or other intellectual property rights of third parties, or use the
service in a way that infringes the intellectual property rights of others.
6.5 You understand that all content, whether publicly
posted or privately distributed, is the responsibility of the content
publisher. This means that you (and not TIK Shop) are solely responsible
for all content (including, without limitation, any errors or omissions in any
content) that you upload, post, email, transmit or otherwise make available
through the Platform. You understand that while using this platform, you may be
exposed to offensive, indecent or objectionable content. To the fullest extent
permitted by applicable law, TIK Shop shall in no event be liable
for any content, including, without limitation, any errors or omissions in any
content, or , transmission or otherwise making available any content for any
loss or damage.
6.6 You understand that TIK Shop and its
trustees have the right (but not the obligation) to pre-screen, reject, delete,
remove or move any content provided through this platform (including but not
limited to your content or information provided by the platform), such as TIK
Shop and its trustees have the right to remove any (1) content that
violates these Terms of Service; (2) content that has been complained about by
other users; (3) we receive information from you for infringement of
intellectual property rights notices or other legal instructions for removal;
or (4) that would be objectionable to others. In addition, we may prevent your
use of communications from the Service (including but not limited to status
updates, posts, messages and/or chat rooms) in order to protect the Service or
other users, or to enforce the provisions of these Terms and Conditions. . You
agree, understand and have assessed all risks associated with using any
Content, including but not limited to reliance on the accuracy, completeness or
usefulness of such Content. Likewise, you acknowledge that you have not and
will not rely on TIK Shop to create or submit any content to TIK
Shop, including but not limited to information on the TIK Shop Forum
and all other parts of this website.
6.7 You acknowledge, permit and agree that if required by
law, or pursuant to a court order or order of any governmental or supervisory
authority having jurisdiction over TIK Shop, or when reasonably necessary
in good faith and good faith, TIK Shop may access , save and
disclose your account information and content, and comply with the following
requirements: (1) to comply with legal process; (2) to enforce these Terms of
Service; (3) to respond to any claims of content that violates the rights of
third parties; (4) to respond to your or (5) protect the rights, property or
personal safety of TIK Shop, its users and the public.
6.8 If you do not abide by the provisions of this chapter
and seriously violate the seller's commitment and guarantee obligations, TIK
Shop reserves the right to conduct market management in accordance with
these rules. For the purpose of maintaining the good continuity of the market
and protecting the rights and interests of buyers, TIK Shop has the
right to conduct random inspections of product quality and authenticity
identification (including but not limited to purchases from consumers or from
consumers, through independent third-party quality inspection agencies or brand
rights holders). When TIK Shop checks from time to time whether the
goods sold by the seller have legal origin and are genuine, you are obliged to
keep and present the certificate of the legal source of the relevant
goods. TIK Shop has the right to take restrictive measures against
the seller or the store if TIK Shop has reason to believe that the
inspection result is poor, or the seller cannot provide relevant certificates.
6.9 TIK Shop will have the right to remove the
brand’s products in accordance with the terms of service in the following
situations when the brand you operate is operating on the platform, and you may
not continue to operate:
(1) Brand products are certified by TIK Shop or
a third-party professional organization to be produced by manufacturers without
production qualifications, and do not meet national, local, industry, and
enterprise mandatory standards;
(2) The brand has been judged by TIK Shop or a
third-party professional organization to constitute counterfeiting of others’
trademarks, commodity names, packaging and decoration, company names, product
quality marks, etc. or easily cause consumer confusion and misunderstanding;
(3) During the operation of TIK Shop, the brand was
proved to have high dispute rate, high complaint rate and low market recognition.
The average score of brand product description was seriously lower than the
industry average, which seriously affected the consumer experience. After being
informed by TIK Shop, one (1) ) did not improve significantly within a
month. .
7 Violation of our Terms of Service
7.1 Violation of these Terms of Service may result in a
series of disciplinary actions, including but not limited to some or all of the
following items:
-Warning, which means that TIK Shop reminds
and warns the seller of misconduct verbally or in writing;
-Delete/remove listed products and/or restrict store
listings;
- Withholding of prohibited items included in the order
or items that are not allowed to be sold on the platform;
- Cancel various subsidies that have been enjoyed, such
as freight subsidies, etc.;
- Restrict account permissions;
- Freeze account funds;
- criminal proceedings;
-Civil claims, including but not limited to claims for
damages and/or applications for preservation measures.
7.2 If you find any violation of these Terms of Service
by any user of this platform, please contact service@TIKhing.com.
8 Report of intellectual property infringement
8.1 Users, as independent individuals or enterprises,
have no connection with TIK Shop. TIK Shop is not an agent or
authorized representative of the user, nor does it hold or own any title to any
merchandise posted on this platform.
8.2 You agree to take full responsibility for the failure
to notify or update its intellectual property certification documents in a
timely manner, and you guarantee that all the certification documents you
provide to TIK Shop are true, accurate and have no problems beyond
the time limit (that is, ensure that all intellectual property certification
documents are included in the entire terms of service). The performance period
is within the validity period). If a dispute arises due to the above reasons or
is punished by the relevant national competent authority, you shall bear all
the responsibilities independently. If you cause losses to TIK Shop (including
its partners, agents, staff, etc.), you agree to compensate for all losses.
8.3 If you are the owner of intellectual property rights
(hereinafter referred to as "IP owner") or an agent legally
authorized by the owner of intellectual property rights ("IP agent"),
when you believe that your or your client's intellectual property rights are subject
to In case of infringement, you have the right to send the relevant
infringement facts and preliminary evidence of infringement in the form of a
written notice to: service@TIKhing.com, and have the right to
require TIK Shop to take necessary measures in accordance with the
law. The written notification requirements are detailed in Section 8.7 below.
Please allow time for TIK Shop to process the information you
provide. TIK Shop will respond to your request as soon as
practicable.
You know that if the infringement notice you send is
inconsistent with qualifications, incomplete materials, or otherwise does not
meet the provisions of Article 8.7 below, TIK Shop will notify you
to supplement it within a reasonable period of time.
8.4 After receiving the infringement notice, TIK
Shop will take necessary measures in a timely manner, and forward the
notice from the IP owner or IP agent (hereinafter collectively referred to as
the "notifier") to the TIK Shop platform that the notifier
believes/designates infringing intellectual property rights. (hereinafter
referred to as the "Notified Person"). As the notifier, you
understand that if your notification error causes damage to the notified
person, you shall bear civil liability according to law and any claims
that TIK Shop may face due to your false notification; maliciously
send the false notification and cause losses to the notified person and TIK
Shop suffers a claim, it will double its liability for compensation.
8.5 If you are the notified person, TIK Shop has
the right to take necessary measures against you, such as deleting goods,
blocking, removing goods, terminating transactions and services, freezing
accounts and funds, and deducting funds; After the notification of intellectual
property rights, you can submit a statement of non-infringement (hereinafter
referred to as "statement") to the TIK Shop platform,
which shall include prima facie evidence of non-infringement.
8.6 If you are the notifier, after TIK Shop receives
the statement of the notified person in accordance with Article 8.5, it will
promptly forward the statement to you, and will inform you that you can file a
complaint with the relevant competent authority or file a lawsuit with the
people's court. If TIK Shop does not receive the notice of your
complaint or lawsuit within the time limit prescribed by law, TIK Shop has
the right to terminate the measures taken in accordance with the foregoing
clauses in a timely manner.
8.7 Please provide notice of infringement pursuant to 8.3
in the format specified by TIK Shop (TIK Shop reserves the
right to update it at any time), and attach all the following information: (1)
the physical or electronic signature of the notifier; (2) prima facie evidence
of infringement: assertion A description of the type and nature of the
infringed intellectual property rights, as well as the proof of the ownership
of the right (including but not limited to the proof of local intellectual
property ownership in the sales market); (3) Detailed information on the
specific published products of the reported infringing content ; (4)
information sufficient to allow TIK Shop to contact the notifier,
such as the notifier’s address, telephone number, and email address; (5) a
written statement from the notifier that the report was made in good faith and
that the infringer The use behavior is not authorized by the intellectual
property owner or the law; it indicates that the information contained in the
report is true and correct. If there is any error, the informant is willing to
bear the civil liability caused by the erroneous notification. In case of
damages, the notifier shall bear double the liability for compensation in
accordance with the law. If TIK Shop is damaged, the notifier is
willing to bear all the liability for damages caused by the wrong notification;
(7) The other notifiers deem it necessary to provide the claim materials, etc.
8.8 TIK Shop will promptly publicize the
relevant notices, statements and processing results of intellectual property
infringement reports.
9 TIK Shop Performance Guarantee
9.1 TIK Shop performance guarantee is a
shopping guarantee service provided by TIK Shop or its authorized
agents to buyers (applicable to some TIK Shop platforms, please
refer to the platform announcement of each site for applicable regions and
rules). In order to provide protection against liability risks, the purchase
money paid to you through the use of this service will be kept by TIK
Shop or its authorized agents (hereinafter referred to as "TIK Shop Performance
Guarantee Account"), and TIK Shop will not use these funds for
the company's operations. expenses or any other corporate purpose. TIK
Shop will not pay sellers interest or other benefits on payments made by
buyers into the TIK Shop Performance Guarantee Account.
9.2 If the site where your store is located is applicable
to the TIK Shop Performance Guarantee, after the buyer pays the
order amount (hereinafter referred to as the "Order Amount"), the
order amount will remain in the TIK Shop Performance Guarantee
account until the buyer makes the appropriate payment to TIK Shop TIK
Shop will pay you the order amount held in the TIK Shop Performance
Guarantee Account upon instruction or in other circumstances that TIK
Shop reasonably deems appropriate to dispose of the order amount.
(1) If the buyer sends TIK Shop a confirmation
that it has received the goods, TIK Shop will credit the order
amount in the TIK Shop Performance Guarantee account (minus the
seller's portion of shipping (if applicable), transaction fees and taxes (if
applicable)) and cross-border fees (as applicable, as defined below)) paid to
you;
(2) If the TIK Shop Performance Guarantee
period expires, TIK Shop will credit the order amount in the TIK
Shop Performance Guarantee account (minus the seller's portion of shipping
(if applicable), transaction fees and taxes (defined below), and cross-border
fees ( as applicable, as defined below)) to you;
(3) If TIK Shop confirms that the buyer's
return and/or refund application is successful, TIK Shop will refund
the buyer according to the refund and return policy applicable to the site
where the store is opened; in other cases, if TIK Shop reasonably
determines that the buyer's order amount (minus Shipping (as applicable),
transaction fees and taxes (as defined below) and cross-border charges (as
defined below, as applicable) to the seller's portion of the transaction are
disposed of as appropriate, including but not limited to its reasonable belief
that it should comply with applicable law or court order or the enforcement of
these Terms of Service.
9.3 The TIK Shop Performance Guarantee is only
applicable to buyers who make payment to the TIK Shop Performance
Guarantee account through the methods provided by TIK Shop. Offline or
offline transactions between buyers and sellers are not covered by the TIK
Shop Performance Guarantee.
9.4 Currently, TIK Shop can only pay you
through third-party payment channels. Therefore, you are required to
provide TIK Shop with your detailed payment information for
collection purposes (eg, payments due to merchandise sales or TIK Shop refunds).
9.5 If for any reason funds cannot be deposited into your
designated receiving account and/or you cannot be contacted, TIK Shop will
use reasonable endeavours to contact you using the contact details you have
provided. If you cannot be reached and the buyer's purchase monies remain
unclaimed for more than twelve (12) months after being payable to the
seller, TIK Shop will process such unclaimed buyer's purchase monies
in accordance with any applicable law . The seller must be the equity owner of
the account, and can only trade on this platform on his or her own
behalf. TIK Shop reserves the right to ask you to provide personal
information of relevant companies and responsible persons, such as recent ID
photos, bank account details and/or any other such necessary documents
(including but not limited to those required for third-party payment
verification processes or logistics and delivery services) request) for
inspection purposes. You hereby agree that TIK Shop process or
provide your data to third parties within the scope of facilitating the
seller's use of this platform and authorize TIK Shop to use your
data to conduct user authentication to the appropriate subject (such as the
seller/buyer's bank) as TIK Shop deems necessary program. For more
information on how TIK Shop handles your personal data in relation
to your data, please visit our Privacy Policy page.
9.6 The TIK Shop Performance Warranty is
additional and does not limit your performance of legal obligations under applicable
law that may exceed the TIK Shop Performance Warranty. The TIK
Shop Performance Guarantee is neither intended nor designed to assist
users in complying with their legal obligations, users remain solely
responsible for their legal obligations under applicable law, and TIK
Shop assumes no responsibility in relation to such legal obligations.
Other than that, the TIK Shop Performance Guarantee does not
constitute a guarantee/guarantee of TIK Shop for any product on
the TIK Shop platform.
9.7 For the avoidance of doubt, any transactions not
conducted on this platform are not covered by the TIK Shop performance
guarantee.
10 Shipping
10.1 TIK Shop will notify you to arrange
delivery when the order is received on the TIK Shop platform. Unless
otherwise agreed by TIK Shop, you should make necessary arrangements
after receiving this notice to ship the purchased goods to the buyer and
provide the buyer with details such as the name of the shipping company and the
waybill number through this platform.
10.2 If the site where your store is located is
applicable to the TIK Shop Performance Guarantee, the period from
the date when the buyer delivers the payment to the TIK Shop Performance
Guarantee account until the period when TIK Shop keeps the payment
in the TIK Shop Performance Guarantee account to you (hereinafter
referred to as "TIK Shop Performance Guarantee") Guarantee
Period"), you must do your best to ensure that buyers receive the
purchased items within the TIK Shop Performance Guarantee Period.
10.3 You understand that you will be responsible for the
risks related to the delivery of the sold goods, and you can take out full
insurance for the delivery of the sold goods according to TIK Shop's
advice (if any). If you arrange the delivery of goods by yourself, and the
goods are damaged, lost or undeliverable during the delivery, you acknowledge
and agree that TIK Shop will not be responsible for any losses,
expenses or expenses arising therefrom, and you should contact the logistics
service provider yourself to resolve related disputes.
10.4 You should understand that all cross-border
transactions should be regulated by the import and export laws and regulations
of the place of origin. You should familiarize yourself with the relevant
import and export restrictions in the country into which you sell the goods.
You understand that TIK Shop does not provide legal advice on import
and export and agree that you will undertake all risks and responsibilities
related to the import and export of cross-border transactions.
10.5 If you arrange the delivery of goods by yourself,
you can choose the paid overseas warehousing and logistics service provided
by TIK Shop (hereinafter referred to as "overseas warehouse
service"). If you use the overseas warehouse service, TIK Shop will
follow (1) your written authorization (if applicable) (2) the overseas warehouse
agreement signed by TIK Shop and you (3) the overseas warehouse
service terms, operating procedures and instructions published on the TIK
Shop platform ( If applicable), etc. (hereinafter collectively referred to
as "Overseas Warehouse Service Rules"), to provide you with warehouse
operation services in the region/country where the buyer is located. If you
apply to use the overseas warehouse service, it means that you have fully read,
understood and agreed to all the rules of the overseas warehouse service. If
you do not agree with all or part of the overseas warehouse service rules,
please do not use the paid overseas warehouse logistics service.
11 Seller Responsibilities
11.1 You shall properly manage and ensure that the
information of the products you post is updated, such as product prices and
details, stock quantities, terms and conditions of sale, etc., and shall not
post inaccurate or misleading information.
11.2 The price of the sale item is at your own
discretion. Unless otherwise agreed with the buyer, the total amount charged to
the buyer shall include the product price and shipping and all other charges,
including VAT, customs duties (if applicable), etc., and you shall not
additionally and additionally charge the buyer for such cost.
11.3 You agree that TIK Shop may, at its own
discretion, conduct promotional activities for you or on your behalf through
some marketing methods in accordance with the principle of good faith to
facilitate transactions between buyers and sellers. The final price actually
paid by the buyer will be the price after such adjustments have been applied.
11.4 In order to promote the products you post, TIK
Shop may advertise these products (at adjusted prices) on third party
websites (such as portals and price comparison sites) and other (domestic or
foreign) websites operated by TIK Shop.
11.5 At the buyer's request, you must provide the buyer
with a receipt, credit card slip or tax invoice.
11.6 You acknowledge and agree to assume all tax liabilities/duties,
etc. related to the sale of goods. TIK Shop does not provide legal
or tax advice. And because tax-related laws and regulations may be updated at
any time, if you have any questions, you should seek professional advice in
real time.
11.7 You acknowledge and agree that if you violate
any TIK Shop policy, you are willing to accept a series of
disciplinary actions as described in Section 7.1 of these Terms.
12 Fees
12.1 You should pay TIK Shop the transaction
fee for each order in accordance with the transaction rules of each TIK
Shop site platform. The transaction fee is the fee paid to the third-party
transaction clearing service provider/bank. The charging standard is updated
from time to time due to the adjustment of the financial policy of each region
or the cross-border transaction fee of the third-party transaction clearing
service provider/bank. You need to pay special attention And keep an eye out to
receive update notifications from TIK Shop.
12.2 For orders placed on the TIK Shop platform,
the seller shall pay the corresponding commission on TIK Shop. Relevant
information such as commission collection and calculation methods are published
on the bulletin board designated by TIK Shop or in the seller
center. TIK Shop will update it from time to time. You need to pay
special attention and pay attention to receiving update notices from TIK
Shop.
12.3 Service Tax/VAT and other applicable taxes will be
included in the fees payable if applicable. Unless otherwise agreed by both
parties, you shall be responsible for the aforementioned taxes. You acknowledge
and agree that TIK Shop may deduct its fees and any applicable taxes
from the order amount paid by the buyer. Upon Seller's request, TIK Shop shall
provide receipts or tax invoices (if applicable) for fees and taxes paid by
Seller. If your store at the applicable site does not have sufficient balance
to deduct its fees and any applicable taxes, you hereby agree that TIK
Shop may deduct its fees and any applicable taxes from the balance of your
stores at other sites.
12.4 You understand and agree that the payment method,
currency and exchange rate standards applicable to the fee settlement between
you and TIK Shop shall be determined and adjusted in accordance with
the policies or rules announced by TIK Shop at that time; if you do
not agree with these terms, you should promptly contact your account manager
Communication, the seller can choose to suspend, suspend or terminate the
service, or reach a mutually agreed fee settlement agreement with TIK
Shop in writing. You guarantee that you will pay TIK Shop in
accordance with TIK Shop's policies, rules and requirements (including
but not limited to advertising fees, storage fees, shipping fees, transaction
fees, return refunds, etc. arising from your use/purchase of TIK Shop services).
You acknowledge that TIK Shop will have the right to send you a
letter (including but not limited to a written official letter or email) to
require you to pay/make up any fees you owe within a time limit. You know that
if you fail to pay within the time limit required by relevant policies and
rules and within the time limit required by TIK Shop's letter (if
any), TIK Shop has the right to deal with you accordingly in
accordance with relevant policies and rules and these Terms of Service.
13 Marketing Services
13.1 TIK Shop will successively launch keyword
advertisements and/or other marketing services (hereinafter referred to as
"marketing services") on the TIK Shop platform, including
but not limited to traffic packages, JBP for each site, influencer marketing,
coins back, and off-site traffic (such as Facebook advertisements, etc.) and
any marketing plans launched later by TIK Shop, etc.). Sellers are
welcome to purchase marketing services as part of their merchandise marketing
strategy. TIK Shop provides paid marketing services in accordance
with this specification and the service content, purchase process and
instructions for use published on the TIK Shop platform at that time
(hereinafter referred to as "marketing service rules"). If you apply
for the purchase of marketing services, it means that you have fully read,
understood and agreed to all marketing service rules. If you do not agree with
the content of any marketing service rules, please do not buy.
13.2 You must be a seller who complies with the rules for
using marketing services and a product advertiser in order to purchase
marketing services. Your account and store must be non-deactivated when you
purchase and pay for marketing services.
13.3 After you purchase marketing services, you should
pay marketing fees in accordance with the methods and standards specified
by TIK Shop. Except as otherwise provided by applicable laws or marketing
service rules and other marketing service rules, once you apply for the
purchase of marketing services and complete payment, you may not cancel the
order and/or request a refund.
For advertising services: (1) You can check the income
and expenditure of advertising fees in your advertising account; (2) TIK
Shop accepts recharge methods from various channels, subject to the
account recharge method that can be selected at that time; (3) If When you
activate the automatic recharge function of your account, you can choose the
minimum account amount and the automatic recharge amount, and agree to deduct
money from the order amount (if any) that should be settled by TIK Shop in
accordance with the TIK Shop policy; and (4) other TIK Shop related
to advertising services Relevant marketing service rules, policies and
requirements.
13.4 You can choose to purchase advertising and marketing
services at the same time when you start to publish products, or choose to
purchase advertising and marketing services during the period in which the
products are published. You can set different budgets, keywords, marketing periods,
etc. for different products according to the marketing service rules. The
marketing service for this product will be activated according to your settings
until it expires or the advertising fee balance in the advertising account is
cleared. until. If the product is sold or taken off the shelf during the
marketing period you set, the marketing expenses incurred will not be refunded,
and you may not request to transfer the remaining marketing period to other
products.
13.5 The products you publish should abide by relevant
laws, marketing service rules, TIK Shop terms of service and
prohibited and restricted product policies. You understand and agree that
if TIK Shop discovers or receives reports that your products violate
or may violate the above provisions. In this case, TIK Shop reserves
the right to immediately remove your violating products and advertisements, and
will not refund the marketing fees you have paid. In addition, TIK Shop will
directly remove the goods or advertisements from TIK Shop through
legal and formal procedures by competent authorities or judicial units without
refunding any fees. TIK Shop shall not be liable for any
compensation or indemnity based on the products or advertisements removed on
the grounds of this article.
13.6 You understand and agree that TIK Shop does
not warrant or guarantee that your merchandise will increase in views or sales
as a result of the purchase of marketing services.
13.7 It is recommended that you purchase and use
marketing services on the basis of fully considering the current budget and the
marketing effect to be achieved by individual products. Except as otherwise
provided in these Terms of Service or the Marketing Services Rules, TIK
Shop assumes no compensation, indemnity or other liability for the
intended objectives or actual results of marketing activities.
13.8 If TIK Shop shall be liable for any
damages due to the marketing services you have purchased according to
applicable laws and regulations, you understand and agree that the total
liability of TIK Shop shall be limited to the fees you paid for the
purchase of marketing services.
14 Controversy
14.1 TIK Shop encourages friendly negotiation
between users when there is a problem with the transaction. Since TIK
Shop is only a platform for users to conduct transactions, sellers should
contact the sellers directly if they have any questions related to the purchase
of goods by buyers. Alternatively, you may seek the assistance of its local
dispute resolution authority with jurisdiction to resolve any disputes arising
from the transaction.
14.2 You agree not to sue or otherwise assert any claim
against TIK Shop or TIK Shop's affiliates in relation to
disputes arising out of any transactions with buyers on the Site.
15 Feedback
TIK Shop welcomes any suggestions and comments to
assist TIK Shop to improve the service quality. Please refer to the
feedback procedure below for details:
(1) For feedback, please email it in writing or send it
to us using the comment form in the app.
(2) Anonymous feedback will not be accepted.
(3) Users who have been given feedback should be fully
informed of all facts and given opportunities to express their opinions.
(4) Ambiguous and disparaging feedback will not be
accepted.
16 Service Statement
16.1 This service is provided on an as-is basis,
and TIK Shop makes no express, implied or statutory guarantee, claim
or statement for this service, including but not limited to guarantees of
quality, efficacy, non-infringement, merchantability or fitness for a
particular purpose , or warranties derived from the course of dealing, custom
or industry practice. Without limiting the foregoing, and to the fullest extent
permitted by law, TIK Shop does not warrant that the Service, the
Platform, or the functionality contained therein, or that the Service, website,
or functionality will be accessible, uninterrupted, or timely. Provided, safe,
reliable, correct, complete or error-free; and defects (if any) will be
corrected; do not warrant that the Platform and/or the Platform's servers are
completely free of viruses, clocks, timers, counters, worms, software locks ,
lethal devices, Trojan horses, routers, trapdoors, time bomb viruses or any
other harmful program code, instructions, programs or components.
16.2 You acknowledge that to the fullest extent permitted
by law, you shall bear all risks associated with the use of the Platform and/or
the Services.
16.3 TIK Shop has no control over the
following matters, and does not guarantee or assume any responsibility for the
following matters to the maximum extent permitted by law: (1) The fitness for a
particular purpose, authenticity, quality, safety or legality; or (2) the
ability of the seller to offer the goods or the ability of the buyer to pay. In
the event of a dispute involving one or more users, you agree to resolve the
dispute directly between you and, to the fullest extent permitted by law,
release TIK Shop and its affiliates from any and all claims arising
out of or in connection with the dispute , claims and damages.
17 Disclaimer and Limitation of Liability
17.1 To the fullest extent permitted by applicable law,
in any event, whether in contract, warranty, tort (including, without
limitation, negligence (whether active, passive or in tort), product liability,
strict liability or other theories) or otherwise acted by law, regulation,
decree or otherwise, TIK Shop shall not be liable for:
17.1.1 (1) loss of use; (2) loss of profits; (3) loss of
revenue; (4) loss of data; (5) loss of goodwill; or (6) inability to realize
expected benefits under any circumstances, whether direct or indirectly; or
17.1.2 Any indirect, incidental, special or consequential
damages, including but not limited to any damages arising therefrom, arising
out of or in connection with the use or inability to use the Platform or Services,
even if TIK Shop has been advised the possibility of such damage.
17.2 You acknowledge and agree that you have and only
have the right to request termination of your account and/or stop using the
service for any question or dissatisfaction with the service.
17.3 Nothing in these Terms of Service shall limit or
exclude any liability for death or personal injury caused by TIK Shop's
negligence, or any other liability which cannot be limited or excluded by law.
18 Content you post and submit on the Service
18.1 By posting and submitting any content on the
Service, you represent and warrant that you have all necessary rights and/or
licenses and grant TIK Shop the following authorization. You also
acknowledge and agree that you are solely responsible for any content you post
or otherwise provide through the Service, including but not limited to the
correctness, reliability, nature, freedom of encumbrance, and legal compliance
of any provided content and compliance with regulatory requirements. You hereby
grant TIK Shop and its successors a perpetual, revocable, worldwide,
non-exclusive, royalty/royalty/licensing fee-free, sublicensable and
transferable license for use by TIK Shop in, through the Service or
in connection with the Service. Use, reproduce, distribute, redistribute,
transmit, modify, adapt, create derivative works from, publicly display and
publicly perform the Content in any media format related to the Service and
through any media means, including but not limited to promoting and
redistributing the Service part of (and its derivative works). You understand
that the content you submit may be transmitted over various networks and may be
changed to comply with and cooperate with technical requirements.
18.2 TIK Shop will not treat any material,
information or ideas you post or otherwise transmit to TIK Shop on
or through the Service (each a "Submission") as confidential and may
be made available by TIK Shop Disseminate or use for any purpose,
including but not limited to developing, manufacturing and marketing products,
without payment. . When you submit to TIK Shop, you acknowledge and agree
that TIK Shop and/or other third parties may independently develop
software, applications, interfaces, products and other features that have the
same or similar functions, program codes or other characteristics as those you
submit. Revised and enhanced version. Accordingly, you hereby grant TIK
Shop and its successors a perpetual, revocable, worldwide, non-exclusive,
royalty/royalty/licensing fee-free, sublicensable and transferable license for
use in their Any media format related to the Service, and the development of
the above through any media channel, and the use, reproduction, distribution,
redistribution, transmission, modification, adaptation, creation of derivative
works, public display and public performance of any Submission, including but
not limited to To promote and redistribute portions of the Service (and its
derivative works). These Terms do not apply to personal information protected
by privacy laws, unless you publicly provide such personal information on or
through the Service.
19 Content and external links submitted to the Service by
third parties
19.1 Submission of data, text, images, sounds, videos, software
and other content to each provider of this service shall be responsible for the
correctness, reliability, nature, freedom of encumbrance and compliance with
legal and statutory restrictions of the submitted content take full
responsibility.
19.2 In addition, the Service may contain links to
third-party products, websites, services and programs. These third-party links
will take you away from this platform. These links are for informational
purposes only and the linked websites are not under the control of TIK
Shop, so you should visit these websites at your own risk. Accordingly, TIK
Shop is not responsible for the content of any such linked site or any
link contained in a linked site (including any changes or updates to such
sites). TIK Shop provides these links solely for your convenience
and the provision of any link does not imply or express any association,
warranty or sponsorship between TIK Shop and any linked site and/or
any of its content.
19.3 You understand that third party links, products,
websites and services are not owned or controlled by TIK Shop, but are
operated and owned by the third parties themselves and may be protected by
applicable copyright or other intellectual property laws and treaties. None of
these third-party content, features, security, services, privacy policies or
other specifications have been reviewed by TIK Shop. We recommend that
you read carefully the terms and other policies provided by these third parties
on their websites or otherwise. You also acknowledge and agree that TIK
Shop reserves the right to remove any third-party links or applications on
the Service that violate applicable regulations or these Terms of Service
without prior notice to you or your consent.
20 Fraud or suspicious activity
20.1 If TIK Shop believes that you may be
involved in any potentially fraudulent or suspicious activities and/or
transactions based on user reports or due consideration, we may take various
measures to protect TIK Shop, users, third parties or hold you from
revocation, refunds, claims , fees, fines and other liabilities. Actions we may
take include but are not limited to the following:
(1) We may close, suspend or restrict access to your
account, and/or suspend the processing of any transaction;
(2) We may suspend your eligibility for TIK Shop Performance
Guarantee;
(3) We may freeze the funds in your account in accordance
with the effective judgment, ruling or order requirements applicable to you or
your account (including instructions and judgments issued to TIK Shop by
the court where the account is located and where the store is located), use or
transfer;
(4) We may temporarily or permanently refuse to provide
you with services;
(5) In case you will be liable to TIK Shop or TIK
Shop users or third parties, or we believe that you may be engaged in
potentially fraudulent or suspicious activities and/or transactions, we may
freeze your account and funds for a reasonable period of time.
20.2 For the purposes of this section (i.e. clause 20)
above:
(1) "Refund" means a request made by a buyer
directly to their debit or credit card company or debit or credit card issuing
bank to void a payment.
(2) "Claim" means a challenge to a payment
submitted by a buyer or seller directly to TIK Shop.
(3) "Reversal" means that TIK Shop's
payment request is withdrawn because (a) the sender's bank is invalid;
(b) TIK Shop was sent to you in error; (c) the sender of the payment
is not authorized to send a payment request (for example: sender using a stolen
credit card); (d) you receive payment for activity that violates the TIK
Shop Terms of Service or any other TIK Shop policy, or
(e) TIK Shop decides to file a claim against you.
21 Damages
You agree that if TIK Shop, its shareholders,
subsidiaries, affiliates, directors, officers, agents, co-branders or other
partners and employees (collectively, "Indemnified Parties") suffer
from or in connection with any or all claims, allegations, actions and all
related liabilities, damages, settlements, penalties, fines, costs and expenses
(including without limitation any other dispute resolution fees), you will
indemnify the indemnified party for It defends and holds harmless from: (1) any
transaction between you and a buyer on the website, or any dispute in
connection with such transaction (unless TIK Shop or an affiliate
of TIK Shop is the seller in the transaction in relation to the dispute)
, (2) TIK Shop Performance Guarantee, (3) hosting, operating,
managing and/or administering services performed by or on behalf of TIK
Shop, (4) your breach or breach of any term in these Terms of Service or any
policy referenced herein or guidelines, (5) your use or misuse of the Service,
(6) your violation of the law or any rights of third parties, or (7) any
content you upload.
22 Severability
If any agreement in these Terms of Service shall be
deemed to be illegal, invalid or unenforceable for any reason under the
jurisdictional law, such agreement shall be deemed to be separate from the
other terms and conditions and shall not affect any remaining agreement in that
jurisdiction The validity and enforcement in any jurisdiction shall not affect
the validity and enforcement of the doubtful provision in any other
jurisdiction.
23 General provisions
23.1 TIK Shop reserves all rights not
expressly granted in this Agreement.
23.2 TIK Shop reserves the right to change,
modify, suspend or suspend this platform or service in whole or in part at any
time in accordance with the requirements of laws and regulations or in
accordance with the principle of good faith. TIK Shop may release
certain services or their features on a trial basis, and these services or
features may not function correctly or as in the final release. TIK Shop may
also set restrictions on certain functions or restrict your authority to use
some or all of the platform or services due to regulatory requirements or
compliance with the principle of good faith.
23.3 TIK Shop may revise the content of these
Terms of Service (including the additional terms and policies mentioned in this
Terms of Service/or provided by links to these Terms of Service) by publishing
the revised Terms of Service on this platform at any time, and the revised
Terms of Service 7 days before the effective date, you will be notified by
means of announcement or email, or SMS or App push, etc. If you have any
comments on the revised version of the terms of service, you should send it in
writing to: service@TIKhing.com. If you do not provide written
comments to TIK Shop within 7 days after receiving the
aforementioned notice and continue to use the service, it is deemed that you
agree and accept this revised version of the terms of service (including the
terms of service mentioned/or the link to the terms of service) additional
terms and policies provided).
24.4 You may not assign, sublicense or assign any rights
granted to you by the Service, or subcontract any of your obligations, without
the written consent of TIK Shop.
24.5 Nothing in these Terms of Service shall be construed
as a partnership, joint venture or agency relationship between you and TIK
Shop, nor does it authorize you to bear any costs or liabilities on behalf
of TIK Shop.
24.6 If TIK Shop fails to demand the
performance of any agreement of this clause at any time, unless the right is
waived in writing, it will not affect its right to demand the implementation of
this agreement in the future.
24.7 With the exception of TIK Shop's affiliates
(including successors and assigns of TIK Shop and its affiliates and
subsidiaries), these Terms of Service are for the benefit of you and us only
and not for the benefit of any other individual or legal entity and concluded.
24.8 The terms contained in these Terms of Service, as
well as any agreements and policies contained or referenced in these Terms of
Service, constitute the entire agreement and consensus between the two parties
regarding this service and this platform. Unless otherwise expressly agreed in
writing by both parties, the Supersedes any prior agreement and consensus
between the parties on the same matter. When the two parties enter into the
terms stipulated in these terms of service, there is no representation,
warranty, guarantee, consensus, promise or confirmation provided by anyone
other than those expressly agreed in these terms of service. The parties hereby
exclude all implied terms.
24.9 You agree to abide by all anti-corruption-related
laws, provisions, regulations and guidelines, including but not limited to
China's Anti-Unfair Competition Law, the UK Bribery Act, the US Foreign Corrupt
Practices Regulations (US Foreign Corrupt Practices Regulations) Corrupt
Practices Act) and Singapore Prevention of Corruption Act (Singapore Prevention
of Corruption Act), and confirm that you have adopted and should adopt all
necessary policies and procedures to ensure compliance with the foregoing.
24.10 You should strictly abide by the laws and
regulations on the prohibition of commercial bribery, and resolutely reject
commercial bribery, bribery and other gifts of unfair commercial behavior.
24.11 The commercial bribery referred to in this
agreement refers to all spiritual and material direct or indirect gifts, such
as cash, rebates, entertainment, travel, etc.
24.12 No employee or department of TIK Shop shall
solicit or accept money, items and gifts of any kind from you. If you find
that TIK Shop employees have the above behavior, you should report
to TIK Shop in time.
24.13 You are not allowed to directly or indirectly give
gifts, items, securities, shares or take other disguised means to provide
illegitimate benefits to any TIK Shop employee, their relatives or
related parties in the name of the seller or any individual, otherwise, it will
be deemed to infringe the interests of TIK Shop the behavior of.
Improper benefits include, but are not limited to, cash, checks, credit gift
cards, samples, or other merchandise, entertainment coupons, membership cards,
rebates in the form of currency or goods, rebates, employment or property
purchases, seller-paid travel, meals, and personal services Wait.
24.14 If TIK Shop employees ask you to give
them any form of improper benefits, you should promptly file a complaint and
provide relevant evidence to TIK Shop. After verification by relevant
personnel of TIK Shop, we will deal with it and keep it confidential for
you. TIK Shop accepts your complaints by email: service@TIKhing.com.
24.15 If you bribe any employee of TIK Shop in
order to obtain any improper business interests or special business treatment
or do not cooperate with TIK Shop in investigating and punishing the
bribery of its employees, TIK Shop will permanently stop all
cooperation with you and take measures against you in accordance with the law.
Measures to suspend the payment of all accounts payable, and you shall pay TIK
Shop SGD 50,000 as liquidated damages. If the circumstances are
serious and cause major economic losses, TIK Shop will transfer it
to the local judicial authority according to law.
24.16 TIK Shop and users can use electronic
documents as a means of representation. The electronic documents exchanged in
accordance with these terms of service, if the content can be fully presented
and can be retrieved for inspection in the future, the effect is the same as
the physical written documents. However, the application is excluded by law or
by the announcement of the administrative agency. Unless otherwise specifically
agreed, the written form referred to in these Terms of Service includes both
written and electronic forms.
24.17 In order to ensure user data security and provide a
secure trading platform, TIK Shop cooperates with financial
institutions that have passed the international PCI DSS information security
certification to process payment operations, and continues to conduct
independent management of internal information security protection. If there is
any dispute that a third party has cracked TIK Shop's information system
protection measures or exploited information system loopholes, TIK Shop will
bear the burden of proof that there is no such fact.
24.18 Users should notify TIK Shop immediately
after learning that their account password has been used fraudulently.
When TIK Shop knows that the user's account password has been used
fraudulently, it shall immediately notify the user and suspend the payment
behavior indicated by the account, and suspend the acceptance of subsequent
payment instructions by the account. TIK Shop shall be responsible
for the losses incurred after the user has gone through the procedures for
reporting the fraudulent use of the account and password; all losses incurred
before the user has gone through the formalities for the fraudulent use of the
account and password shall be borne by the user, except in the following cases:
(1) The user does not properly keep the user ID and/or
password;
(2) The user provides the user ID and/or password to
others by himself;
(3) The user does not use the account security mechanism
provided by TIK Shop; or
(4) Other reasons caused by the user's intentional or
gross negligence.
TIK Shop shall bear the cost of investigating the
fraudulent use of user account passwords.
24.19 If you and the buyer have any consumption disputes
on the TIK Shop platform other than return refunds, you can request
assistance from TIK Shop through the customer service mailbox,
telephone or online platform in Article 24.24 below, and provide orders and
logistics within the specified period as required by TIK Shop Corresponding
supporting documents such as shipping, product delivery or chat records between
buyers and sellers, TIK Shop will complete the investigation and
decide to suspend the transaction or take other necessary measures to help
users resolve disputes according to the principle of good faith.
24.20 The term “trade secrets” referred to in this clause
includes but is not limited to the contents described in this agreement, any
supplementary agreement and other secret information involved in the
cooperation process. Neither party shall disclose, disseminate, edit or display
this information to any third party without the consent of the trade secret
provider. The disclosing party shall not be held responsible for the disclosure
of business secrets due to the written consent of the other party and the compulsory
acts of the state administration and justice; the disclosing party shall not be
liable if the business secrets have been known to the public.