TikMesh User Agreement
TikMesh Dropshipping ("TikMesh ") is committed to offering you a secure and fair-trading platform. To support this commitment, this user agreement and other relevant policies are formulated to set out the complete terms and conditions of service that govern your access to and use of our website and service and state our expectations of users and protection measures, which supersedes any prior written or oral agreements on the same subject matter.
Please read this Agreement carefully before clicking "Agree" in the registration process. Please read carefully and fully understand all terms, especially the clauses for disclaimer or limitation of liability, applicable law, and dispute resolution. The clauses for disclaimer or limitation of liability are in bold and underlined and you shall read them carefully. If you have any questions about the agreement, you can consult TikMesh agents.
You agree to accept all terms, conditions, policies, and statements set forth on or in the TikMesh website if you choose to use the services offered by TikMesh including all information, data, and products from this Site and the application. By registering on our website or purchasing from us, you are using our "Services" and agree to comply with the following terms and conditions, including other terms, conditions, and policies referenced by hyperlinks. These Terms of Use apply to all users of the site, including but not limited to visitors, suppliers, users, merchants, or content providers. Please read these Terms of Use carefully before visiting or using our website and applications. You agree to comply with these terms of use when accessing or using any parts of our website and application. If you do not agree to any terms of this agreement, you may not be able to access the site or applications or use any services. Your acceptance is expressly limited to these terms of use if they are deemed to be an offer.
Any new features or tools added to the current site and the application should also be subject to the User Agreement. You can view the latest version of the "User Agreement" on this page at any time. We reserve the right to update, change or replace any parts of the agreement by posting updates or changes on the site. You are responsible for regularly checking the changes to this page, and TikMesh will notify you of the revision of the terms by email or announcement on our website. You accept any changes when you continue to use TikMesh Services and application or visit our website after any changes have been published.
Given the multiple language versions of this agreement and other supplementary agreements, the Chinese (simplified) version shall prevail and share a larger portion of the legal effect in case of different understandings or interpretations of the terms and conditions of this agreement.
By signing up for a TikMesh account (as defined in section III) or by using any TikMesh Services (as defined below), you voluntarily agree to be bound by the following terms and conditions ("the agreement") as a TikMesh user. If you do not agree to the agreement or any of its terms and conditions, you shall immediately stop the registration process.
Due to the rapid development of the Internet, the terms and conditions outlined in this agreement between you and TikMesh cannot fully list and cover all the rights and obligations of you and TikMesh, nor can the existing agreement fully meet the needs of future development. Therefore, the legal statement, privacy policy, rules, and dispute policy of TikMesh shall be deemed as supplementary agreements to this agreement, which shall be inseparable from this agreement and have the same legal effect. You agree to the above supplementary agreements if you use TikMesh services.
- Definitions
TikMesh, TikMesh Company, the company: refer to the single name or collective name of the operator of TikMesh platform, including but not limited to TikMesh Technology Co., Ltd. and other affiliated companies.
TikMesh platform, TikMesh website, the website, the site, Site, this website, TikMesh mall, TikMesh Dropshipping, TikMesh, TikMesh, TikMesh: refer to the official website with the domain name of TikMesh.com under the name of TikMesh Technology Co., Ltd.
We: refer to TikMesh, TikMesh Company, TikMesh platform, TikMesh website, etc.
TikMesh Services, services: refer to the services provided by TikMesh to you through the Website, email and other platforms based on the Internet (including new forms of service emerging based on technological development in the future).
TikMesh Rules: refer to all rules published by TikMesh via the website, email, etc., including but not limited to this term of use, dispute policy, applicable law, disclaimer, etc.
TikMesh User, user, you: refer to any natural person, legal person or other unincorporated organization who legally registers through TikMesh and agrees to all terms of the agreement and other supplementary agreements.
TikMesh account: refers to the account legally registered by TikMesh user through TikMesh
Singular: the singular includes the plural and vice versa.
Devices: refer to mobile phones, PCs or other devices accessing the TikMesh.
Personal data: the information needed to register on TikMesh, browse TikMesh or use TikMesh Services, and the personal data generated.
Service Provider: a third-party company or individual providing services on behalf of TikMesh Company.
Third Party Service Provider, TikMesh Partner: any natural person, legal person or unincorporated organization other than TikMesh Company that provides services or software, or sells goods.
Usage Data: the data automatically generated by browsing the web page or using the service.
Buyer: The TikMesh User who buy products in TikMesh.
15.
Seller: The TikMesh User who sell products in TikMesh.
- General Provisions
You confirm that before you start registering on TikMesh or using TikMesh Services, you have the civil capacity required by your country. Otherwise, you shall terminate the registration or stop using TikMesh Service immediately and you and your guardian shall bear all the legal consequences.
You agree to comply with all applicable laws and regulations, agreements and policies when using the Website and services to access TikMesh or use TikMesh Services.
You have carefully read and agree to TikMesh 's Privacy Policy, which governs the protection and usage of your personal information collected and stored by TikMesh Technology Co., Ltd. and its affiliates. You agree to accept all terms of the Privacy Policy and agree that TikMesh can access, use, disclose and share your personal information in accordance with the Privacy Policy.
All contents, materials and information you obtain from TikMesh website shall be used only for the purposes permitted by TikMesh website. You shall not use the abovementioned matter for any other purposes not expressly permitted by TikMesh or other illegal purposes.
You are allowed to access the content, products or services provided by third-party websites through hyperlinks (text links, banners, channels or other forms), APIs or other means. Please read the terms or privacy policies of such sites before using them. You shall understand that TikMesh Company neither has control over such third-party websites nor monitors such websites. Therefore, TikMesh takes no responsibility for any content, products, or services provided on such websites.
You shall not take any actions that may damage the integrity of computer systems or networks of TikMesh Company, or access to such computer systems or networks without authorization.
You shall not impair the integrity of the feedback system of TikMesh Company, such as leaving positive feedback for your own account through a third party or by a secondary user ID, or leaving unproven negative feedback for other users.
You shall confirm that the headings and index keywords set forth in the terms of this Agreement are only for the purpose of helping you understand the subject matter expressed in the Agreement and shall not affect or limit the meaning and interpretation of the Agreement. You shall read the specific expressions of the agreement carefully in order to protect your own rights and interests.
TikMesh Company and the User are independent contractors, and none of the terms hereof shall be deemed to be the agent, partnership, joint venture partner, employee-employer or franchisee - franchisee relationship of either party to the other party.
If any provision of the agreement is held invalid or unenforceable by a court decision, statute, rule or otherwise, such provision shall be deleted and the remaining provisions shall remain effective and enforceable.
Failure to exercise or delay in exercising any right under the agreement, shall not constitute a waiver of such right by TikMesh Company.
TikMesh Company reserves the right to assign the Agreement (including all rights, titles, interests, obligations and responsibilities in the Agreement) to any person or entity (including any affiliate of TikMesh Company). You may not assign all or any part of the Agreement to any person or entity.
Your offering of any benefits in kind, cash, cash equivalents, labor services, tourism, etc. whose value is clearly beyond the scope of normal business negotiation offered to the employees and consultants of TikMesh and/or its affiliated companies may be deemed commercial bribery. In such case, TikMesh may immediately terminate all cooperation with you and collect liquidated damages and/or compensation from you. These amounts are calculated based on the economic loss and goodwill loss suffered by TikMesh due to your bribery.
Before placing an order on TikMesh, you are obliged to read the product details on TikMesh carefully, and make a judgment based on your own risk tolerance. The important risks of dropshipping are as follows:
(1)
Quality, safety, health, environmental protection, labeling, and other standards or technical specifications of the place of origin of certain dropshipping products may be different from, inconsistent with, or even in conflict with the standards of your country, therefore you must identify and bear the relevant risks.
(2)
Certain products may not have the language label of your country.
(3)
Certain dropshipping products, due to the regional factors of intellectual property rights, may infringe the relevant intellectual property rights of your country. You must identify by yourself and give up the right to claim compensation from TikMesh.
Due to the limitation of factory production, trending products and peak season, TikMesh may have a long processing time and procurement cycle of certain products. In such case, TikMesh Agent will actively negotiate with you before refund or other agreed actions can be carried out upon mutual agreement.
III. TikMesh Account
Before registering on TikMesh or using TikMesh Services, you must have the civil capacity required by your country.
An account will be generated for you after successful registration. The ownership of the account belongs to us, and you only have the right to use the account during the valid period of the agreement. Without our consent, your account is for your own use only, while information or control of your account shall not be transferred, donated, lent, sold, authorized or leased to a third party or jointly controlled and used by a third party.
Necessary information including but not limited to a user name, your name, email, country, contact information, delivery address, bank account, etc. should be provided during your registration or use of the TikMesh account. You must ensure that the information you fill in and provide is true, accurate and complete. Otherwise, your account may be restricted or terminated. You are accountable for any liability or loss for providing untruthful, inaccurate or incomplete information.
After registration of your account, TikMesh has the right to decide whether we will offer services to you based on the authenticity, accuracy and completeness of the information you provide and whether it conforms to other conditions of the Agreement. You shall update in time for any changes of the information provided by you during the use of your account.
The account may be compatible with other websites or applications operated by TikMesh and our affiliates, or third-party platforms of our partners and so forth. When logging in with your account and using certain services, you shall also comply with the relevant service agreement in addition to the provisions of this Agreement.
The account password is for your own security protection. You are responsible for keeping information including the username, password of the account. Otherwise, you will be fully accountable for any legal liability caused by such matters. You shall not share, or allow others to use your account, ID or password. Any logging activity of your account will be considered as your own operation, and the record data generated by the operation are valid credentials for your behavior.
TikMesh will encrypt your password and take other security measures to ensure that your information will not be lost, misused or altered. However, please be aware that despite our best efforts, no security measures are perfect or impenetrable. Please properly protect your personal information, and do not provide it to others unless you have to.
If you find that your personal information has been leaked, especially the username and password, please contact us immediately so that we can take appropriate measures.
If you find any unauthorized uses of your password or accounts, and any other violations of the user account security, you shall immediately notify TikMesh, but you fully understand that TikMesh needs reasonable time to take actions against any of your requests and any actions taken by TikMesh at your requests may not avoid or prevent the formation or expansion of the consequences. TikMesh is not liable except for statutory faults.
You agree that all activities occurring under your account (including but not limited to publishing any company or product information, clicking to accept any other agreement or rule, subscribing to or paying for any service, sending E-mail or SMS by an email account) will be deemed to be authorized by you.
You shall admit that the use of your account by multiple users other than your business entity ("Multiple Uses") may cause irreparable harm to TikMesh or other users. TikMesh shall not make any compensation for your loss or damage (including but not limited to loss of profits) due to your multiple uses; TikMesh shall have the right to claim compensation from you, and unilaterally suspend or terminate your account without any liability if your multiple uses cause losses to TikMesh or other users.
You shall admit that TikMesh has the right to unilaterally suspend or terminate your account and reserves the right to claim compensation from you if your behavior brings negative impacts on TikMesh, including but not limited to: a. Publishing untrue statements on TikMesh or other platforms or websites; b. Open disputes on related third-party platforms such as Stripe and PayPal without negotiation with TikMesh.
Your personal information and account information will be stored and encrypted by TikMesh under your authorization. Please refer to the Private Policy for full details.
You agree to allow TikMesh to send, display, promote, or send information (both commercial and non-commercial) to you from TikMesh or third-party advertisers in accordance with laws and regulations while using our services. You can configure the relevant settings to turn on/off or reduce the display of relevant types of ads or push notifications if you are not interested in receiving such ads or notifications.
Payment methods supported by TikMesh include credit card, PayPal, Stripe, Payoneer, etc.(open up continuously)
According to TikMesh 's data analysis and experience, TikMesh may take security measures such as limiting login if TikMesh believes that your account has abnormal activities.
Your account will be terminated immediately if you have any forms of verbal or written abuse (including abusive or retaliatory threats) towards any TikMesh user, TikMesh employee, or TikMesh member.
- TikMesh Services
TikMesh.com is the official website of TikMesh Technology Co., Ltd. We focus on Dropshipping and also provides the following services (please refer to the latest version of the scope of our service published on TikMesh).
- Products:
TikMesh mall has various types of products with corresponding information including product attributes, descriptions, inventory, prices, etc. TikMesh reserves the right to change the product information on TikMesh at any time, such as changes in product description, attributes, inventory quantity, price and other information. The product information is subject to the real-time information displayed on TikMesh Website. Please read carefully before placing an order.
- Order Processing:
Order synchronization: order information from your authorized store will be synchronized to TikMesh and processed.
One-click Listing: you can list TikMesh products to your authorized stores. You are obliged to timely update the product information in the store since the product information of TikMesh platform may change at any time according to the actual situation. Meanwhile, TikMesh takes no responsibility for the resulting dispute.
Order Fulfillment:
You can ship products to TikMesh and TikMesh will handle and ship your products.
- Fees on TikMesh
TikMesh offers free service for you except for fees expressly stated by TikMesh (such as withdrawal fees) even though offering such services generates massive costs for TikMesh. If TikMesh charges you reasonable fees in the future, TikMesh will take reasonable measures in advance and notify you through legal procedures within a reasonable period of time to fully ensure your right to choose.
You can enjoy the following free services: browsing TikMesh website, registration on TikMesh without credit card requirements, listing products to your store for free, and connecting the products from TikMesh to your store. TikMesh will charge you fees when you place orders and use some specified services.
Due to system instability and frequent system updates, the order amount accounting error or the order status update error may occur. For the amount error, TikMesh has the right to trace the missing amount and is obligated to return the miscalculated amount; for order status update error, TikMesh will solve it within 5 business days.
- Top-up
Credit Top-up: TikMesh offers a top-up service. You can pay for orders or other services through TikMesh Wallet on TikMesh.
Top-up Currency: you can top up by US Dollar only.
Cash Withdrawal: withdrawal can only be settled in USD. The transaction usually takes 1 to 5 business days.
Note: If the withdrawal is converted into USD from other currencies, the exchange rate shall be subject to the real-time exchange rate. The user shall bear part of the losses caused by exchange rate changes in the withdrawal process.
Withdrawal Method: TikMesh supports the withdrawal of balance, which will be returned to your original payment account within 1-5 business days. TikMesh only supports withdrawal by Payoneer.
Top-up Method: TikMesh only supports top-up by Payoneer.
Balance Deduction: when the wallet balance is larger than the order amount, your balance can be deducted; if a refund is involved, the amount deducted will be returned to your wallet balance.
VII. Shipping Service
Shipping Instructions: you can choose the dropshipping method on TikMesh. The shop of TikMesh will fulfill the dropshipping.
Shipping Cost Prepaid: when you place an order, The shop of TikMesh will charge you the dropshipping cost. You can track shipping information through the other third-party tracking website.
Price Change: The shop of TikMesh will change shipping costs periodically or seasonally according to the third-party carriers' prices. Once shipping cost is changed, you will be notified by email or system notification.
TikMesh shall not be liable for any damage, loss, delay, or non-delivery of the packages due to the following reasons:
(1)
Force Majeure: "Force Majeure" refers to the objective factors or accidents that are unpredictable, uncontrollable, or unavoidable, including but not limited to earthquake, fire, snow disaster, storm, heavy fog, and severe weather; strikes, terrorist incidents, traffic accidents, amendments to regulations and policies, acts, decisions or orders of the government or judicial authorities; violent crimes such as robbery, drive-by robbery, etc.
(2)
Damage caused by the natural characteristic, inherent defects or reasonable wear and tear of the goods.
(3)
Delays in receiving the goods or failure to deliver the goods due to the customer's own reasons.
VIII. Refund and Returns Policy
Refund and Returns Policy is an important basis for the resolution of disputes on TikMesh, and it applies to all drop shippers in cooperation with TikMesh. Please read the Refund and Returns Policy carefully before registering in TikMesh platform and using TikMesh Services. All disputes shall be opened on TikMesh. If you directly open disputes on any other third-party platforms (including but not limited to third-party service providers or judicial authorities) without consultation with TikMesh, TikMesh has the right to permanently block your account.
- Returns due to logistical issues
1.1 If the official logistics information of the carrier shows no logistics tracking, loss during transportation, damage during transportation, and the logistics tracking delivered to the wrong address after verification, the seller should return the goods according to the buyer's request, and bear all costs. The buyer needs to provide a screenshot of the logistics company's website that can prove the problem. If the buyer does not choose to be shipped by the seller, then the buyer shall bear the responsibility described in this paragraph.
1.2 If the buyer or its customer finds that the goods are damaged, under-delivered/missing/wrong goods after receiving the goods, the seller should return the goods according to the buyer's request, and bear all costs. The buyer needs to provide a complete damaged photo that can prove the problem.
1.3 If the logistics party cannot contact the buyer due to the buyer or its customer, causing logistics returns and damage to the goods during transportation, the loss shall be borne by the buyer.
1.4 Returns due to logistics issues should be submitted within 30 natural days after the payment of the order, and will not be accepted if overdue.
- Returns due to product quality problems
2.1 If the buyer or its customer finds product quality problems, shortage/incorrect accessories, and the product does not match the description after receiving the goods, the seller should return the goods according to the buyer's request, and bear all costs. The buyer needs to provide complete photos of the quality problem or the complete package or the complete product and label that can prove the problem.
2.2 The following scenarios are not considered product quality problems:
(1) Color differences caused by shooting equipment, light, display, etc., are not considered shipping errors or hanging order errors;
(2) Product size may vary due to manual measurement, measurement tools and methods, so size differences within a reasonable range are not considered shipping errors or hanging order errors;
(3) Damage caused by improper operation of the end consumer or not operating according to the product instructions.
2.3 Returns due to product quality problems should be submitted within 90 natural days after the payment of the order, and will not be accepted if overdue.
- The buyer requests a return when there are no problems with the goods or logistics
3.1 The seller should return the goods according to the buyer's request, and the buyer needs to bear all costs arising from this, including logistics, warehousing, distribution, and related service fees.
3.2 If the goods (including packaging) returned by the buyer or its customer do not affect the secondary sale (opening the package affects secondary sales), the seller should refund 80% of the commodity fee (20% is deducted for disposal costs); if the secondary sale is affected, the commodity fee will not be refunded. The seller needs to provide complete photos that can prove the impact on secondary sales.
3.3 If the buyer or its customer does not return the goods, the seller does not assume the refund responsibility of the product itself.
3.4 The buyer's request for a return when there are no problems with the goods or logistics should be submitted within 90 natural days after the payment of the order, and will not be accepted if overdue.
- Others
4.1 Buyers and Sellers are the direct counterparties of the transactions occurring in TikMesh, and TikMesh only provides the corresponding auxiliary services. Buyers and sellers are responsible for their own legal rights and obligations arising from the transaction.
4.2 After the buyer makes the payment for the order, the seller should ship the product within 2 business days. Delaying shipment beyond 2 business days may negatively impact the seller's performance rating. If the shipment is delayed beyond 7 business days, it will be considered a fundamental breach of contract by the seller, and they will be required to refund twice the amount of the order's product cost and cover all shipping costs.
4.3 Returned goods should be sent within 7 natural days after the seller's acceptance and provide the logistics single number, and if the seller provides the return label, the buyer should provide the return label within 3 natural days of accepting the request.
4.4 The seller shall process the corresponding request from the buyer in a timely manner, not later than 7 natural days, otherwise it shall bear all the costs.
4.5 The seller shall not be liable for any compensation in the case of intentional or malicious attempts by the buyer to obtain compensation payments or in the case of fraud.
4.6 Losses caused by one party's negligence (e.g. returns not returned to the correct return warehouse within 30 natural days) shall be borne by the negligent party.
4.7 The buyer's after-sales request should be made at the latest within 30 natural days after the completion of the order, otherwise the buyer is deemed to have waived the right to propose after-sales service.
- Email and Push Notifications
TikMesh will provide you with push notifications and emails after obtaining your authorization. You have the right to unsubscribe through the corresponding unsubscribe function provided by TikMesh if you are unwilling to receive such information.
The emails and push and notifications include marketing, shipping fee changes, product recommendations, account changes, and other information. TikMesh shall not be liable for any loss caused by your failure to read the email or push notifications.
- Your Rights and Obligations
You shall warrant that you will use TikMesh Services in a reasonable manner and accept this Agreement and other policies, rules, and announcements made and issued by TikMesh in due course.
You shall admit that you will use the TikMesh Platform and TikMesh Services within the scope agreed herein, and you shall not use the TikMesh platform to engage in the following activities:
(1)
You shall not use TikMesh Services beyond authorization or have malicious use of TikMesh Services.
(2)
You shall warrant that you will abide by the national and local laws and regulations, industry practices and social and public moralities in the process of using TikMesh Service and will not make use of the services provided by the TikMesh to store, distribute and publish any of the following information and content:
That insults or slanders other and infringes other people’s lawful rights and interests;
That is to distribute obscenity, pornography, gambling, violence, murder, or terror;
That is an illegal advertisement, marketing information or spam message. Meanwhile, you shall not set a username containing the above contents and information.
(3)
You shall not use TikMesh to infringe others' legitimate rights and interests such as intellectual property rights, portrait rights, privacy rights, reputation rights and personal information;
(4)
You shall not maliciously fabricate or assist in fabricating facts, reviews and other information or data;
(5)
You shall warrant that you will not make use of the services provided by TikMesh to conduct any illegal actions or endanger computer network security, including but not limited to:
Using unauthorized data or accessing unauthorized servers/accounts;
Accessing public computer networks or other people's computer systems without permission and deleting, modifying or adding stored information;
Any unauthorized attempt to probe, scan, or test loopholes in the Software's system or network or any other act that undermines network security;
Attempt to interfere with or destroy the normal operation of the software system or website, intentionally spread malicious programs or viruses and other acts of damaging or interfering with normal network information services;
Forging TCP/IP packet name or part name;
Uploading any viruses, Trojans, worms or other contents harmful to network security by using the platform and services.
(6)
You shall not reverse engineer, decompile, disassemble, modify, adapt, translate, or make any attempt to discover the source code of TikMesh or to create derivative works based on the whole or on any part of TikMesh without permission. At the same time, you shall not remove any ownership statement or label on TikMesh or TikMesh documentation, or merge other software with TikMesh;
(7)
You shall not use plug-ins and/or exploiting program loopholes to gain benefits.
Without our written permission, you shall not commit any of the following acts or authorize, permit or assist any third party to commit the following acts on TikMesh:
(1)
Copy, read and adopt the information content on TikMesh for any form of commercial use;
(2)
Edit, sort out and arrange the information content on TikMesh and related services without authorization and display it in channels other than the source page of TikMesh and related services;
(3)
Use improper methods or assist a third party to generate data flow, reading volume, or transaction guidance, transfer, hijacking or other adverse effects on the contents of the platform and related services.
API Usage
(1)
According to the requirements and actual needs of TikMesh, you shall provide relevant interface account password or store account information.
(2)
You shall be fully responsible for any customer dispute caused by the failure of data transmission on your store and your platform interface, fuzzy interface setting, lack of transmission verification security value, etc., which has not been repaired after being notified by TikMesh.
(3)
If the API or related functions of your platform are updated, you shall timely inform TikMesh and assist the TikMesh platform to make the corresponding optimization.
- Data Protection
We collect your personal information to provide and continuously improve our products and services. The types of personal information we collect are as follows:
Information you provide to TikMesh: we receive and store any information you provide to us regarding TikMesh services. You can choose not to provide certain information, but your use of certain TikMesh Services may be limited.
Automatically obtained information: we automatically receive and store specific information about your use of TikMesh Services, such as information about your interactions with the content and services available in the TikMesh Services. Like many other sites, we use cookies and other unique identifiers. Certain information will be obtained through your web browser accesses to TikMesh or other content provided by or on behalf of us on other sites.
Information obtained from other sources: we may receive your personal information from other sources, such as the shipping address and mobile phone number from the mini-program operator when you use our mini-program for delivery.
Sensitive Personal Information: we may collect Sensitive Personal Information during your use of TikMesh Services. For example, when you place orders on TikMesh, we need to collect identification information, such as your address, phone number, and so on, so your orders can be clear and delivered.
Store Data: after authorizing your store to TikMesh, you agree that we will collect your store information and other data when necessary, including but not limited to store URL, order information, product information, and other information from our carriers or other third parties, which is used to modify our records and to improve the delivery of your next order and your contact. TikMesh has the right to modify some of your store data when necessary, such as updating product data, product inventory, tracking number, etc.
XII. Copyright and Intellectual Property Rights
All services and content on TikMesh, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations and software, are the properties of TikMesh Dropshipping or the content providers and are protected by the Chinese and international laws. The intellectual property of the overall content on TikMesh belongs to TikMesh or our affiliates.
A compilation of all content provided through or included in TikMesh Services is the exclusive property of TikMesh and is protected by China and international law. No individual has the right to infringe the above rights of TikMesh. Otherwise, TikMesh reserves the right to claim protection fees and losses from infringers, including but not limited to direct and indirect losses, potential losses, legal costs, arbitration fees, investigation and evidence collection fees, attorney's fees, notarization fees, etc.
The content on TikMesh is partly from our suppliers. If any organization or individual thinks that the content on TikMesh may infringe its lawful rights and interests, please timely inform TikMesh. TikMesh will remove the accused infringing content as soon as possible after being informed, but will not bear any relevant legal responsibility or economic responsibility.
Since the sourcing requests posted are reviewed manually or filtered by the system, it is impossible to fully determine whether the sourcing requests on TikMesh are legitimate or not. Therefore, TikMesh is not liable for your sourcing requests. If you think that there are quality problems or intellectual property rights infringements involved in the transaction through TikMesh, you shall timely inform TikMesh and TikMesh will try its best to assist you to solve the corresponding problems.
The intellectual property rights of original information such as text, pictures, videos, software, and performances published and uploaded by users on TikMesh belong to you (or separately agreed by the third-party content provider and you) when you use TikMesh services, but, based on TikMesh operation, you shall confirm that your publishing and uploading of such information are deemed to be your right to use, copy, and disseminate our authorized intellectual property rights.
Unless otherwise required by laws and regulations, we have an independent right to use the competitive data based on lawful processing of the data without your consent.
TikMesh always respects intellectual property rights and opposes any infringement of intellectual property rights. In case of any infringement of your lawful rights and interests during your use, you have the right to inform us to take the necessary measures. If you find any violation of laws and regulations or relevant rules of the Agreement during the access to the platform, you have the right to report to us, and we will take necessary measures (such as deleting, blocking, disconnecting or restricting functions) to deal with it in a timely manner.
All content on TikMesh does not reflect any opinions of TikMesh. All users have carefully read and fully agreed to the terms and conditions when browsing every page of TikMesh.
XIII. Personal Information Protection and Privacy Policy
TikMesh is committed to respecting user privacy and protecting the security of your personal information. TikMesh takes reasonable measures to protect your personal information and privacy. We promise that TikMesh only collects or uses your personal information when necessary for providing TikMesh Services, and such information will not be used for purposes other than providing services.
Security Protection: A range of technologies and procedures are applied with strong security features to establish a sophisticated system and prevent unauthorized access, use, or disclosure of your personal information.
Usage and Disclosure of Information: TikMesh reserves the right to obtain, use, store, and share your personal information upon explicit consent, and is subject to applicable laws and regulations. Your personal information or confidential content in our server will not be disclosed or altered without your authorization. You hereby agree and assure that TikMesh has the right to collect and use your information according to our Privacy Policy.
You agree that TikMesh has the right to collect the information of your usage and behavior through cookies and other technologies, and we are free to use the pure desensitized commercial data that is no longer related to your personal information. If you prefer, of course, you can choose to delete cookies, but you will need to change user Settings each time you visit our site. Currently, the usual path to delete cookies is the browser: "Settings - Clear browsing data."
In addition to complying with the Personal Information Protection and Privacy Policy specifically outlined in this Agreement, please carefully and fully read the promptly released Privacy Policy specifically written for the platform to protect your personal information.
XIV. Scope of Responsibility
You shall understand and agree that, under applicable law, TikMesh is not liable for any direct, indirect, incidental, or unusual loss, including but not limited to loss of profits, business reputation, use, or data and other intangible loss caused by use or inability of the service.
Under applicable law, TikMesh or our Suppliers shall under no circumstances be liable for any loss of profits or any unusual, accidental, or inevitable loss caused by our website, services, or this agreement (or any other related issues).
If your violation of this agreement, or the supplementary agreement, policy, or law causes any damage to other third parties or causes claims or requirements from any other third party against the TikMesh company and associated companies, TikMesh partners, TikMesh senior managers, directors, agents, employees and suppliers (including but not limited to any cost of legal process), TikMesh reserves the right to claim for compensation or further claims to cover the loss.
The use of TikMesh Services is at your own risk. The Services are provided "as is" and "as available" without any express, implied or statutory warranty or condition. TikMesh does not guarantee that there will be no interruption, delay, risk or error of our services.
A comprehensive and sophisticated transaction system will be administered, while third-party services such as logistics, payment and delivery will be applied and optimized to facilitate business transactions and improve user experience. The legal relationship formed between you and above-mentioned third-party service providers is not related to TikMesh.
When placing an order of product and/or use service on TikMesh, please carefully verify the determinant information including the name, price, quantity, model, specification, size of the product or time, content, frame of service, and other information including the contact address, telephone number, and consignee. You shall be held responsible for the legal consequences caused by the behavior and intention of the recipient if the recipient given is not yourself. Clicking the "Submit" button means that you acknowledge that all information contained in the order is correct and complete, and you have the right to revise or modify the selected products to purchase before submitting the order.
Your purchase shall be based on the authentic purpose of the transaction and you shall not aim to obstruct the regular transaction of TikMesh including the malicious purchase of products and extortion upon rights protection regarding TikMesh services. In case of the above-mentioned situation, TikMesh can suspend any relevant trading orders on our sole discretion to maintain the transaction security on TikMesh.
Please be informed and understand that the information displayed on TikMesh may contain certain delays or errors due to objective factors such as the characteristics of the present IT technology, and please do not proceed to the next step if displayed information is evidently incorrect due to system failure or miscalculation of the platform (including but not limited to significantly low prices). Then, orders submitted upon such incorrect information may be considered malicious behavior, and the platform will have the right to freeze and/or cancel the transaction.
For sourcing service, you understand that the sourcing results from other users (including but not limited to text, images, and links) may contain risks and flaws (including but not limited to intellectual property rights infringement), and you shall acknowledge that TikMesh is not responsible for the risk and flaws of sourcing products uploaded by other users since not all sourcing products are censored.
Tariff. You shall be responsible for all tariffs and other tax issues caused by the national customs of the target market during the order fulfillment. Otherwise, you shall be fully responsible for the detained products due to your failure to pay the relevant value-added tax or import tax in time.
- Reviews and Feedbacks
TikMesh is open to any idea or suggestion to improve TikMesh 's services.
Under any circumstances, TikMesh shall not be liable for any confidentiality or compensation of any ideas, suggestions, or related documentations disclosed to TikMesh, or any comments regarding third-party services or suppliers made by any individual (collectively, "Feedbacks").
Submitting feedback to TikMesh company (submitted directly to TikMesh company or published in any social network service or webpage managed by TikMesh) means that the user gives up any rights to the feedback, while TikMesh reserves the right to modify the feedback, as well as the authority to carry out and use the feedback according to the requirement of the user with or without the permission of the user or any third party.
Any reviews about third party service or third-party suppliers submitted by Users to TikMesh must be true and correct to the best of the Users' knowledge, and must not contain any illegal, obscene, threatening, or defamatory subject, violation of privacy, infringement of intellectual property rights or any content that might be harmful to any third party. TikMesh does not review published feedbacks on a regular basis, but reserves the right to delete or edit third-party service feedbacks.
TikMesh reserves the right to pursue legal liability for any false statements posted by any users on the website.
XVI. Notice
When you register as a user of TikMesh Platform and accept the services provided by TikMesh, you shall provide TikMesh with true and valid contact information (including your email address, phone number, contact address, etc.). In case of any changes of contact information, you are obligated to update relevant information promptly and maintain a state of being contactable.
Your TikMesh account and sub-account are considered as effective contact to receive system notifications too.
TikMesh will send your various notifications by one or several of your above contact methods. As the contents of such notices may have a beneficial or unfavorable effect of significance on your rights and obligations, please be sure to keep yourself updated.
The TikMesh platform will contact you with your provided contact information mentioned above, as written notices via electronic media, including but not limited to the TikMesh notifications, SMS to the provided contact phone number, e-mails to the provided email address, system messages to your TikMesh account, etc. The success in sending will be considered notice delivered; while written notice sent via paper media on the 10th natural day after the express delivery to the contact address provided will be considered as delivered.
You agree that judicial authorities (including but not limited to the People's Court) may deliver legal documents (including but not limited to lawsuit documents) to you via modern communication media such as SMS, E-mail, or by mail in case of any dispute arising from transaction activities on TikMesh.
The mobile phone number, E-mail address, or TikMesh account that you have specified to receive legal documents shall be the same mobile phone number and E-mail address you provided when registering and updating on TikMesh, and the legal documents shall be considered to be delivered when the documents are sent by judicial authorities according to the above-mentioned contact information. The mailing address you specified will be your legal contact address or the valid contact address you provided.
You agree that the judicial authority may serve the legal documents to you in one or more of the above ways. In case of different times of service, the earliest one served prevails.
You agree that the above methods of document service apply to all stages of the judicial proceedings including but not limited to the first instance, second instance, retrial, execution and supervision procedures, etc. during the litigation procedure.
You shall ensure that the contact information provided is accurate, valid, and updated in real time. If the contact information provided is not accurate or the contact information is not updated in time, resulting the legal documents being unable to be served or not being served in time, you shall be liable for the legal consequences arising therefrom.
XVII. Force Majeure
Given the specific technical factors of Internet Services, you understand and agree that we shall not be liable for any loss (including but not limited to loss of property, income, data or other intangible loss) suffered by you under the following circumstances.
TikMesh shall not bear any responsibility or pay any compensation of any nature for any loss caused by service or system failure, including but not limited to the following force majeure:
(1)
Interruption of data transmission due to failure of communication terminal or telecommunications facility caused by force majeure.
(2)
System failures and malfunctions caused by force majeure events, including but not limited to typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, wars, political unrest, labor strikes, labor or material shortages, riots, riots, civil strife, terrorist attack, explosion, natural disaster, government action, court orders of domestic and foreign courts.
(3)
A domestic or international epidemic, including but not limited to suspension or delay of service, or system failure caused by any third party, or any suspension or interruption of transportation or business operations.
(4)
Delay or interruption of the platform or service due to computer viruses, Trojan horses, other malicious programs, hacker attacks, technical adjustments or failures of telecommunications departments and network operating companies, system maintenance and other unexpected reasons.
XVIII. Modification
Any new features or tools added to the current website should also be subject to the User Agreement.
You can view the latest version of the "User Agreement" on this page at any time. We reserve the right to update, modify or replace any part of this User Agreement by making announcements on TikMesh website.
The user is responsible for regularly checking the changes to this page, and TikMesh will notify you of the revision of the terms by email or website announcement. Users accept any changes when they continue to use TikMesh Services and application or visit TikMesh after any changes have been published.
XIX. Dispute Resolution and Applicable Law
The formation, entry into force, interpretation, amendment, supplement, termination, enforcement and dispute resolution of this Agreement shall be governed by the laws (including the applicable laws) of the place where TikMesh is located. In the absence of relevant provisions, commercial practices and/or industry practices shall be referred to.
In case of any dispute between you and TikMesh arising from the performance or interpretation of the technical services or transaction on TikMesh, both parties shall first endeavor to negotiate in a friendly manner. If no agreement can be reached through negotiation, both TikMesh and you agree that the dispute shall be administered under the exclusive jurisdiction of the place where TikMesh is located.