Terms of Service 

(Klik untuk melihat versi Bahasa Malaysia）

Release date: [Apr. 19, 2023]

Effective Date: [Apr. 19, 2023]

Welcome to the ByteMall in-app shopping mall and related services (hereinafter referred to as "the Mall and Services") provided by [BYTEDANCE PTE. LTD] (hereinafter referred to as "we", “us”, “our” or “the company”). Please read this “ ByteMAll Terms of servevice” (hereinafter referred to as “this Agreement”) carefully, especially the clauses in this Agreement concerning the exemption or limitation of liability, the terms of rights licensing and service use, applicable laws and dispute resolution clauses, etc. Important clauses such as exemption or limitation of liability are set out in bold for your attention, and you should pay attention to them. Unless you fully agree to the entire content of this Agreement, you should immediately stop accessing, logging in, browsing, and using (“use”) the Mall and Services. By continuing to use the Mall and Services, you acknowledge and agree that you have the right and capacity to form a binding contract with us, and that you have read, understood and agree to comply with and be bound by this Agreement (including the Rules (as defined below)).

1. Scope of application

1.1 This Agreement is between us and ByteDance's global internal employees (hereinafter referred to as "you" or "user") who use the Mall and Services through the ByteMall in-app store webpage, Lark PC application, Lark mobile application and other methods.

1.2 The Mall and Services are developed and operated by us, and provide users with an internal company network trading platform.

1.3 Your access to and use of the Mall and Services is also subject to "ByteMall In-app Shopping Mall Privacy Policy" ("Privacy Policy”), as well as any policies, rules, statements, notices, warnings, reminders, instructions that we have published or may publish from time to time in the future (hereinafter collectively referred to as "Rules"). The Rules will be made accessible to you through commercially reasonable methods (such as system notification, email etc). The Rules form a part of this Agreement and shall have the same legal effect as this Agreement.

2. Account

2.1 You can log in to the Mall and Services with your SSO account or Lark account (collectively referred to as "support account") and directly use the Mall and Services. You hereby authorize us to obtain the public information of your relevant support account (such as name, avatar, email address and other information authorized by you), so that we can verify your identity and allow you to access and use the Mall and Services. You warrant and undertake that: (1) you are a natural person with full capacity for civil rights and the ability to act in accordance with the civil acts you are engaged in, (2) you will not give, lend, lease, transfer, sell or otherwise permit another person to access or use the Mall and Services through your support account, (3) you will not use other people’s names (including but not limited to falsely using other people’s names, account numbers, etc. to cause confusion) or support account to use the Mall and Services, (3) when you use the Mall and Services, you shall abide by relevant applicable laws and regulations, and shall not do any things or take any acts that are prohibited by law, in breach of this Agreement, may cause harm to us, the Mall and the Services or other uses, or violate the legitimate rights and interests of other persons. If you violate any or all of the aforementioned warranties and undertakings, please stop using the Mall and Services immediately. We shall have the right to suspend your access and use of the Mall and Services, restrict some or all of the functions during your use of the Mall and Services, or refuse to provide you with some or all of the Mall and Services if we reasonably suspect that you have violated these warranties and undertakings without liability to you (including without limitation to any loss of data or information arising therefrom).

2.2 You are solely responsible for maintaining the security and confidentiality of your support account. If your support account is stolen or lost due to your own reasons or other factors over which we have no control, you shall be solely responsible for it and any actions made through such stolen or lost account, and we shall not be responsible for such stolen or lost account.

2.3 You fully understand and agree that you are responsible for all actions under your support account. You should make your own judgment on the content you come into contact with when using the Mall and Services, and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness or practicability of the content. We shall not be liable for any loss or damage caused by you as a result of the aforementioned risks, including your reliance on any content accessed by you on the Mall and Services.

2.4 As your support account is associated with your personal information and the information of the Mall and Services, your support account shall only be for your own personal use, and you shall not authorise (whether directly or indirectly) a third party to use your support account or obtain information under your support account. If we reasonably determine that the use of your support account may endanger your account security and/or the information security of the Mall and Services according to this Agreement, we may refuse to provide the corresponding services.

3. Contents of the Malland Services

3.1 The Mall is an online trading platform that provides users with access to information relating to goods and services as well as the ability to buy and sell such goods and services. You can use the browsing, collection, purchase, evaluation and other functions through the Mall and Services. During your use of the Mall and Services, we also provide you with functions such as information classification, keyword search, filtering, and collection to better match your needs. You can bookmark, add to the shopping cart, bookmark the stores/brands you are interested in, etc., the details are subject to the functions and services we provide to you. We may introduce new functions, or amend or remove existing functions from time to time at our sole discretion.

3.2 We provide you with the Mall and Services through web pages and Lark platform applications (including PC and mobile clients) . We may allow you to access and use the Mall and Services through other terminals, platforms or channels. This Agreement automatically applies to your use of the Mall and Services on all terminals, platforms or channels.

3.3 At the same time, we reserve the right to update, upgrade, modify, and transfer the Mall and Services or any part of the Mall and Services and their related functions, websites and application software to other parties at any time. You understand and agree that the aforementioned adjustments may affect your normal use of the Mall and Services. Except as otherwise expressly provided by laws and regulations, we do not need to notify you in advance of such updates, upgrades, modifications, and transfers, and we shall not be liable to you or any third party for any losses that may be incurred as a result therefrom.

3.4 You must be an employee of ByteDance or other personnel authorized by ByteDance (collectively referred to as "Relevant Personnel") in order to use the Mall and Services, and you acknowledge and agree that the Mall and Services are provided solely for the benefit of Relevant Personnel. If you cease to be a Relevant Personnel, you will lose your right to access and use the Mall and Services, and we will terminate your right to use the Mall and Services, and have the right to delete your support account. 

You acknowledge and agree that the Mall and Services can only be accessed in a specific internal network environment within the company. If you access the Mall and Services from an unauthorized network environment or from a third party not authorized by us, we cannot guarantee that your access will be secure or the Mall and Services can be used or will function normally, and shall not be responsible for any losses that you may incur as a result.

3.5 If you find any content that infringes your rights in the Mall and Services, please notify us immediately through the customer service center in ByteMall, and provide preliminary evidence that you have relevant rights, and we will deal with your report in a timely manner.

3.6 Commodity information and orders

3.6.1 The Mall displays the goods/services provided by both ByteDance Affiliates and third-party merchants. The relevant ByteDance Affiliate shall be responsible for the quality assurance and after-sales service, and you shall not hold the company responsible for the quality of goods and after sales services provided by such ByteDance Affiliate. You further understand and agree that the ByteDance Affiliate only supports return service in relation to goods sold by such ByteDance Affiliate, in accordance with the self-operated goods after-sales service policy as provided by the Mall. Goods (other than goods provided by ByteDance Affiliates) are directly provided to you by third-party merchants, and third-party merchants are responsible for the quality assurance and after-sales service of their goods to you (subject to the after-sales service policy announced/notified to you by the third-party merchant). You fully understand that the relevant information about the goods of third-party merchants displayed and sold on the Mall are provided and uploaded by the merchants themselves, and the company cannot guarantee that the information and descriptions of such goods in the Mall are accurate, complete, reliable, effective, up to date, or error-free, and we shall not be held responsible for any disputes between you and third-party merchants (including disputes in relation to product information). If you find any errors, please contact the company through the customer service center in the Mall in a timely manner. We do not make any express or implied guarantees for the accuracy or completeness of the product descriptions provided or that any goods will meet the specific needs and purposes of users, unless expressly set out in this Agreement .

3.6.2 When placing an order through the Mall, you shall ensure that you have the right and capacity to purchase the relevant goods/services (for instance, that you are of the relevant age). When you place an order, you are deemed to have met the above conditions, and you are responsible for the authenticity, completeness, and legality of all the information you provide in the order. Users can log in to the Mall with their own support account and login password, query and modify the order status according to the corresponding functions of the Mall system.

3.6.3 You fully understand and agree that the Mall is only for the Relevant Personnel of the company to purchase the Mall system, and the goods and prices displayed to you by the company and/or third-party merchants (collectively referred to as "Merchants") are only invitations to treat. When you place an order, you must fill in the quantity of the goods you want to buy, the price and payment method, contact information, delivery address (place of contract performance), contract performance method, etc. The order information generated by the system is the data automatically generated by the computer information system based on the information you fill in, and shall only constitute an offer issued by you to the Merchant. A contractual relationship between you and the Merchant shall only be deemed to be established after the Merchant despatches the goods specified in your order from the warehouse for delivery to you. When you have ordered multiple types of goods in the order and the Merchant only sends you some of the goods, you and the Merchant shall be deemed to have established a contractual relationship only in relation to the goods that are actually despatched from the warehouse for delivery to you. A contractual relationship between you and the Merchant in relation to the other goods in the order shall only be deemed to be established when the Merchant despatches such goods from the warehouse for delivery to you.

3.6.4 When you purchase goods/services from the Mall, please be sure to carefully check and verify the product information (such as the product name, detailed description, price, quantity, model, specification, size or service time, content, restrictive requirements, etc.), and verify your receiving information (such as consignee name, receiving address, contact information, etc.) and payment information (such as payment method, payment amount, etc.) when placing an order (commodity information, receiving information and payment information collectively referred to as "Order Information"). If the consignee is another person other than you, the consignee's actions or instructions shall be deemed as your actions or instructions, and you shall be jointly and severally liable for the legal consequences arising from the consignee's actions or instructions.

3.6.5 Your purchases should be based on real consumer needs, and there must be no malicious purchase of goods and/or services, malicious rights protection, etc. that disrupt the normal transaction order of the Mall.  In particular, you are strictly prohibited from reselling goods that you have purchased from the Mall for the purpose of profit, personally or with others, on any internal of the company or external platform (such as WeChat Moments, Xianyu, Xiaohongshu, Byte Circle, Taobao, JD.Com, etc.). You shall not engage in malicious swiping, malicious purchase, decompiling, hacking, reverse engineering, etc. (including but not limited to cheating, cheating machine behavior, etc.) to obtain rights, qualifications, points, exchange, prizes, deductions or other benefits. In particular, you are strictly forbidden from purchasing goods/services, whether through your personal account or teaming up with other employees, or through any internal company platforms and external platforms (such as WeChat Moments, Xianyu, Xiaohongshu, Byte Circle, Taobao, JD.com, etc.), from other employees for hoarding and reselling. You are strictly forbidden from using technical means such as order grabbing software, plug-ins or program codes to snap up goods. Based on the need to maintain the transaction order and transaction security of the Mall, we may unilaterally decide to voluntarily execute and close relevant transaction orders, suspend or terminate access of abnormal traders or Merchants, cancel or suspend relevant distribution of benefits, etc. without prior notice to you. If we reasonably consider your behavior to be disruptive to regular transaction orders, damaging to transaction security, or gaining benefits through abnormal means, of if we reasonably consider any of your transactions or operating behavior to be abnormal, we may further take measures such as restricting your use of the Mall and Services, and/or suspending or terminating services without prior notice to you, and we reserve the right to claim related losses and damages from you.

3.6.6 You understand and agree that due to changes in the market and various factors that we have no control over, the Mall may from time to time display goods which are out-of-stock or indicate the wrong pricing. If any of the above situations occur in relation to the goods you ordered, you have the right to cancel the order by yourself, and the merchant also has the right to cancel the order. If you have already paid the price, the merchant will assist you in processing the refund. If the displayed information is obviously erroneous (including but not limited to obviously low prices), regardless of whether such information is due to system failure or the negligence of the Mall or the merchant, the user should not proceed to make a purchase and should immediately notify the Mall or the Merchant to modify it. If the information displayed is obviously erroneous and the order is still submitted, such behavior may be regarded as improper behavior, and the Mall or merchant has the right to cancel the relevant order and refund you for any price you have paid. You acknowledge and agree that such refund shall be your exclusive remedy and the Merchant’s exclusive liability in respect of such display of erroneous information.

3.6.7 The company reserves the right to limit the total sales quantity of a single product, the purchase quantity of a single order and the quantity of goods purchased from the same account/IP address, and take measures such as monitoring and restricting abnormal orders and abnormal users. If the company reasonably considers that the order you placed through the Mall violates laws and regulations or is in breach of this Agreement, the company shall have the right to take measures such as terminating the relevant transaction order, restricting your use of the Mall and Services, suspending or terminating the service without notifying you in advance without liability to you.

3.7 Payment

3.7.1 The user understands and agrees the user shall make full and legal payment of all the purchased goods/services in a timely manner as a prerequisite for the Merchant to deliver goods/services to the user. The specific payment method will be displayed on the Mall, and where applicable, the user has the right to choose the payment method accepted by the Mall. If the user fails to complete the payment according to the selected method or within the time specified by the Mall, the Mall has the right to cancel the order. The user understands and confirms that the payment service is provided by a legally qualified third party and not the company, and the terms and specifications of such payment service are governed by the user and the payment service provider, and the company has no control over such terms and shall not be a party to any agreement or arrangement between you such payment service provider.

3.7.2 If you need to issue invoices (including paper invoices or electronic invoices), and the goods/services you purchased are sold by ByteDance Affiliates, you can contact the company through the customer service center in the ByteMall in-app store to issue invoices for you; For goods/services sold by third-party merchants, you should ask the third-party merchants to issue such invoices and contact such merchants directly for related matters.

3.8 Shipping and delivery

3.8.1 The goods/services you purchase through the Mall will be delivered according to the delivery address you specify. The delivery time listed in the order information is provided for your reference only, is estimated based on the inventory status, normal processing process, delivery time, and delivery location, and is not a commitment by us that you will receive the goods/services by the stipulated time. You should fill in your receiving information clearly and accurately. You acknowledge and agree that the goods/services you purchased should only be received by the consignee you filled out after undergoing identity verification. Any resulting losses shall be borne solely by you.

3.8.2 If the order is delayed or cannot be delivered due to the following circumstances, the Mall shall not bear the responsibility for the delay or failure of delivery:

(1) The user provides wrong information or incomplete addresses;

(2) The user or its consignee fail to receive the delivery or rejects the delivery of the goods. Any costs and related consequences of such inability to deliver, delayed delivery and repeated delivery shall be solely borne by the user;

(3) Force majeure events, such as: natural disasters and severe weather, traffic control, accidental traffic accidents, strikes, epidemics, COVID-19 pandemic, martial law, etc., actions, decisions or orders of government or judicial organs, changes in regulations and policies, terrorist incidents, violent crimes such as robbery, war and military conflict, etc.;

(4) If there is an exceptionally high number of orders over a short period of time, including without limitation to holidays, large-scale in-app purchase activities, large-scale promotional activities, large number of pre-orders/rush-buyers, etc.

3.8.3 If the goods/services you purchased through the Mall are delivered by the company or a third-party delivery company to you, the time of receipt recorded in the system or documents is the delivery time; if the goods you purchased are delivered by online transmission, the delivery time shall be the time at which the merchant delivers the goods to the system you appointed; if you purchased a service, the time stated in the generated electronic or physical certificate shall be the delivery time.

3.9 Product Evaluation

3.9.1 You have the right to provide evaluation on the goods and/or services that you have already concluded a transaction in the evaluation system provided by the Mall. You should understand that your evaluation information on the Mall is publicly available. If you are unwilling to disclose your identity information to other users in the evaluation information, you have the right to choose to publish the evaluation content anonymously. In order to ensure that the evaluation content can provide a reliable basis for other users' shopping decisions and reflect the real situation of the product and/or service, your evaluation should abide by the relevant regulations of the Mall, and the evaluation content should be legal, objective, true, and consistent with the transaction, relevant to the goods and/or services purchased and should not contain any foul language, pornography, defamatory statement, false information, advertising information and other information prohibited by applicable laws and regulations and this Agreement. You should not help others to increase their credit or use the right to provide evaluation to threaten and blackmail other users. Otherwise, we shall have the right to take necessary measures (including blocking or removing your evaluation, or restricting purchase or evaluation functions under your account, etc.) in relation to your infringing behavior.

4. The permitted scope of the Malland Services

4.1 We grant users a non-transferable, non-exclusive, limited, non-sublicensable and revocable license to use the Mall and Services in Malaysia. Users can install, use, display, and run the Mall and Services on terminal devices for non-commercial purposes. You understand and agree that if you violate this Agreement, we shall have the right to terminate this Agreement.

4.2 All other rights not expressly authorized by this clause and other terms of this Agreement shall be reserved by us, and you must obtain our written permission before exercising these rights. Our delay or failure to seek redress for violations or to exercise any or part of any rights to which we are entitled does not constitute a waiver of such rights.

5. Personal Data Protection

5.1 We highly respect and value the protection of users' personal information. We will use various security technologies and procedures to establish a sound management system to protect users' personal information from unauthorized access, use or disclosure.

5.2 During your use of the Mall and Services, in order to realize the specific functions of the Mall and Services, we may actively collect some necessary personal information from you, including but not limited to name, contact information, and delivery address.  At the same time, we will protect your rights to browse, modify, delete relevant personal information and withdraw authorization and consent in accordance with the law.

5.3 During your use of the Mall and Services, the Mall may obtain your device information, network information, log information and other personal information in order to provide you with specific services.

5.4 For more policies related to personal information and privacy protection, please refer to "ByteMall In-app Shopping Mall Privacy Policy".

6. User Code of Conduct

6.1 Users fully understand and agree that we only provide users with the Mall and Services, and you should be responsible for all actions and results of using the Mall and Services. Correspondingly, you should understand that the use of the Mall and Services may result in the risk of illegal or improper behavior (or information) from others, and you should judge and act on your own, and bear the corresponding risks yourself.

6.2 The user understands and agrees that in order to provide effective services to the user, the Mall and the service will use resources such as the processor and bandwidth of the user's terminal equipment. You are solely responsible for procuring and obtaining the necessary hardware equipment and software tools for accessing the Internet yourself, including computers, modems, related software and settings, or other devices for accessing the Internet, and you should bear the relevant expenses such as telephone charges and network service fees for accessing the Internet. The user hereby permits the Mall and the Services to use the processor and broadband of the user’s computer for the limited purpose of allowing the Mall and the Services to provide relevant services under this Agreement.

6.3 Unless otherwise stated, the Mall and Services can only be used for non-commercial purposes. You promise not to reproduce, copy, sell, resell, license, lease or use any part of the Mall and Services, including but not limited to advertising and any other commercial purposes.

6.4 Information Content Specification. When you use the Mall and Services, you should consciously abide by applicable laws and regulations and this Agreement. Otherwise, we have the right to take corresponding measures immediately, including suspending or terminating your access to and use of the Mall and Services. You agree and promise not to use the Mall and Services to publish, disseminate or reprint information or content that:

• prejudices the company’s interests or tarnish the company’s reputation;
• contains any falsehoods or misrepresentations;
• threatens, or causes harassment, alarm or distress to another person (including doxxing);
• contains statement of facts that are prejudicial to national or public interests;
• contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• is threatening, harassing, offensive;
• are defamatory or libelous or would infringe any rights of any third party, including intellectual property rights and privacy rights;
• is explicit, obscene, or harmful to minors;
• is blasphemous, libelous, seditious;
• incites hatred, violence or discrimination, including on the basis of race, sex, religion, nationality, disability, sexual orientation or age;
• is violent or encourages unlawful or criminal conduct (including gambling) or promotes public mischief;
• constitutes unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
• violates any applicable laws, regulations, rules and/or codes (including without limitation laws, regulations, rules and/or applicable codes relating to advertising, consumer protection, intellectual property and/or personal data protection);
• is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or illegality, or which offends against good taste or decency under applicable laws; or
• is otherwise not in compliance with this Agreement or policies issued by the company or deemed inappropriate as determined by the company in its reasonably good faith discretion.
  

   

The user understands and agrees that we have the right to decide whether the content posted by the user constitutes a violation of this Agreement or the relevant regulations of the country based on prudent judgment. You promise to make adjustments to comply with national regulations or this Agreement after receiving our notice, otherwise we have the right to terminate the provision of the Mall and Services to you.

6.5 System usage specification. Unless permitted by law or by us in writing, users are not allowed to use the Mall and Services for any illegal purpose, specifically, users are not allowed to engage in the following activities:

(1) Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Mall and Services;

(2) Reverse engineer, reverse assemble, decompile the Mall and Services, or try to discover the source code, algorithm, method or technology of the Mall and Services in other ways;

(3) Destroy or modify the Mall and Services, or using the loopholes and errors in the Mall and Services to interfere with the normal operation of the Mall and Services or spread such loopholes or errors;

(4) Infringing our intellectual property rights;

(5) Copy, modify, adding, deleting or creating derivative works based on the data released into any terminal memory during the operation of the Mall and service system, the interactive data between the client and server during system operation, and the system data necessary for the operation of the Mall and service system, including but not limited to using plug-ins, or third-party tools/services not authorized by us to access the relevant systems of the Mall and Services;

(6) Modify or falsify the instructions and data in the operation of the system, adding, deleting, or changing the functions or operating effects of the relevant systems of the Mall and Services, or operating or disseminating the software and methods used for the above purposes to the public , whether or not these actions are for commercial purposes;

(7) Log in or use the Mall and Services through third-party software, plug-ins, systems that are not developed or authorized by us, or make, publish, and disseminate the above-mentioned tools, and use any loopholes in them to obtain improper benefit;

(8) Interfering with the Mall and service-related systems and their components, modules, data, etc. by themselves, authorizing others, or using third-party software;

(9) Attacking, intruding into our server or server-side programs or overloading the server;

(10) Engage in any behavior that endangers computer network security, including but not limited to: using unauthorized data or entering unauthorized servers/accounts, entering public computer networks or other computer systems without permission and deleting, modifying, adding Store information, attempt to probe, scan, test the weaknesses of the system or network or other implementations to undermine network security, intentionally spread malicious programs or viruses and other disruptions that interfere with normal network information services, forge TCP/IP packet names or parts names, etc.; and

(11) Any other acts not expressly authorized by us.

6.6 Service Operation Specifications. Unless permitted by law or our written permission, users are not allowed to use the Mall and Services for any illegal purpose, specifically, users are not allowed to use the Mall and Services to engage in the following activities:

(1) Using the services provided by the Mall without sufficient and legal capacity to conclude this Agreement;

(2) Submitting or publishing false information, or impersonating or using the name of others;

(3) Spreading unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation, or publishing content prohibited under Clause 6.4 of this Agreement;

(4) Behaviours that interfere with or disrupt the network services of the Mall or the normal use of other users;

(5) Publish, transmit, disseminate, and store content that infringes on the legal rights of others such as intellectual property rights and privacy rights;

(6) using the Mall and Services to communicate, transmit, share, publish, disseminate or disclose state secrets or unauthorized commercial secrets through the Mall and Services;

(7) Engage in any dialogue beyond normal internal or external information communication and communication between users;

(8) Infringe on our commercial interests, or engage in any activities that may cause damage to us or be detrimental to us;

(9) Produce and publish methods and tools related to the above acts, or operate or disseminate such methods and tools, regardless of whether these acts are for commercial purposes;

(10) Making, publishing, using, and disseminating malicious programs for stealing other people's personal information and property;

(11) Other acts that violate laws and regulations, infringe on the legitimate rights and interests of other users, interfere with the normal operation of the Mall and Services, or that we have not expressly authorized, and that may have any adverse effects on us or are prohibited by the state.

7.Intellectual Property and Confidentiality

7.1 We are the owner and licensee of all rights (including intellectual property rights) interests and titles in and to the Mall and Services, including all copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights of the Mall and Services, as well as the content provided in the Mall and Services (including but not limited to software, technology, program, web page, text, picture, image, audio, video, chart, layout design, electronic document, etc.). Without our written permission, you may not use or permit any third party to use for any commercial or non-commercial purpose (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading or Use in other ways not expressly permitted by this clause) the content in the Mall and Services. We and our licensors reserve all rights not expressly granted in the Content.

7.2 We respect intellectual property rights and pay attention to protecting the rights of users. Users may provide us with content when posting comments, ratings and via other methods. In this case, the user still enjoys the complete intellectual property rights of such content, but promises not to authorize other entities to copy and use the information published in the Mall in any form. The user understands and agrees that when the user provides content through the Mall, the user grants us a worldwide, non-terminable, sublicensable, transferrable, irrevocable,  non-exclusive, license-fee-free and royalty-free license, allowing the company and its affiliates to use, disseminate, copy, modify, reproduce, license, translate, create derivative works of, publish, perform and display such content and incorporate such content into other works in any form, medium or technology known or hereafter developed.

7.3 Users should ensure that the information (including technology, technical process, data, customer information, trade secrets or technical know-how: including research, products, services, businesses, suppliers, customers, markets, etc.) software, development, invention, program, design, drawing, engineering, marketing or financial information, hereinafter referred to as “confidential information”), will not be disclosed, published, transferred, displayed, provided, used, retained or used in other forms for any other purpose other than the user’s use of the Mall and Services. Unless we expressly allow it or the relevant information has been made public, users should keep the confidential information confidential and take all reasonable precautions to prevent its disclosure. Any personal information that we disclose to users in connection with the Mall, users should treat, store, process, transfer and modify such personal information in accordance with applicable information security and privacy laws and our further instructions . When the user no longer uses the Mall and Services or when we request it, the user should immediately destroy or destroy the confidential information (and any revisions, copies or derivatives thereof, including any documents, images, etc.) to us or our authorized representatives , including printed matter or other medium that includes or contains any Confidential Information or any revisions, reproductions or derivatives thereof.

7.4 Under no circumstances shall users use any of our trademarks, service marks, trade names, domain names, website names, company names, trade names or other prominent brands including but not limited to "TikTok", "ByteDance", "ByteMall", etc. characteristics, etc. (hereinafter collectively referred to as the "Mark"). Without our prior written consent, users shall not display, use or apply for trademarks and/or domain names, etc. individually or in combination in any way, nor shall they express or imply to others that they have the right to display, use, or otherwise have the right to deal with these Marks. If you use the above Marks, logos, etc. in violation of this Agreement and cause losses to us or others, you shall bear all legal responsibilities.

7.5 Without the authorization of the user, we will not access the content (if any) stored in the Mall when you use the Mall and Services. However, we have the right to cooperate with inquiries and provide information in accordance with national laws and regulations, judicial procedures, and administrative department requirements, so as to resolve complaints and disputes in a timely manner and protect the legitimate rights and interests of all parties.

7.6 We promise to take confidentiality measures for the information you submit or learn when you use the Mall and Services, and will not disclose your information to third parties, unless:

(1) It can be provided in accordance with this Agreement or other service agreements, contracts, online terms and other provisions between you and the company;

(2) According to the provisions of laws and regulations or the requirements of administrative and judicial departments;

(3) On the premise of not violating the responsibilities stipulated in this Agreement, the confidential information has been made public or can be obtained from the public domain;

(4) The exceptions stipulated in the "ByteMall In-app Shopping Mall Privacy Policy".

8. Third Party Services

8.1 This Mall and Services may contain links to third-party services, which may be provided by third-party service providers. We cannot control your use of such third-party services, so unless otherwise stipulated in this clause, your use of third-party services is subject to the agreement between you and the relevant third party, and we are not responsible for your use of third-party services responsibility. The existence of such links does not mean that we recognize the legality and safety of these third-party services.

8.2 If the Mall and Services use third-party software or technology, we will, in accordance with relevant regulations or agreements, display relevant agreements or other documents in the form of attachments to this Agreement or through open source software pages. They may be displayed in the form of "Software License Agreement", "Authorization Agreement", "Open Source License" or otherwise. The above-mentioned relevant agreements, other documents and webpages displayed in various forms are an integral part of this Agreement and have the same legal effect as this Agreement. You should abide by these requirements. If the user fails to comply with these requirements, the third party or state agency may file a lawsuit, fine or take other sanctions against the user, and request for us to provide assistance, and the user shall bear legal responsibility.

8.3 Any disputes arising from third-party services, third-party software or technology shall be between you and the third party, and we shall not be a party to such dispute or bear any responsibility. We do not provide customer service support for third-party services, third-party software or technology. If you need support, please contact the third party directly. You shall not hold us liable for, and shall release us from any liabilities, losses, damages or claims that may be incurred by you as a result of using any third-party services.

9. Handling of breach of Agreement

9.1 In response to your violation of this Agreement or other rules or laws and regulations, we have the right to independently verify and delete or block the relevant content at any time without notice, and take measures including but not limited to (i) restricting, suspending, terminating your use of some or all of the Mall and Services, (ii) keeping relevant records of suspected violations of laws and regulations and suspected crimes, and (iii) reporting to relevant competent authorities in accordance with the law and cooperate with relevant competent authorities in investigations.

9.2 If you violate this Agreement or other rules or laws and regulations, causing third-party complaints or litigation claims or punishment by state agencies, you shall bear all legal responsibilities. If your illegal or infringing acts or breach of contract causes us and our affiliated companies and controlling companies to compensate any third party or be punished by state agencies, you should also fully compensate us, our affiliated companies and controlling companies for all losses suffered thereby.

10. Disclaimer

10.1 You understand and agree that the Mall and Services may be affected or interfered by various factors, and we do not guarantee (including but not limited to):

(1) The Mall and Services are fully suitable for the user's requirements or fit for purpose;

(2) The Mall and Services are uninterrupted, timely, safe, reliable, virus-free  or error-free;

(3) Any of the Mall and Services, ordered goods and/or services or other materials obtained by the user through the Mall and Services meet the user's expectations;

(4) Any errors in the Mall and Services will be corrected;

(5) Users or us will not be damaged by computer viruses, Trojan horses or other malicious programs, or hacker attacks;

(6) The user or our system, software, hardware and communication lines will not fail;

(7) There will be no equipment aging and/or compatibility issues in the Mall and Services, or that the Mall and Services will remain up to date;

(8) Other circumstances beyond our control or reasonably foreseeable.

Furthermore, we are not responsible for the relevance, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained in the Mall and Services or obtained by users through the Mall and Services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty or representation of any kind.

10.2 Under no circumstances shall we be liable for any direct, indirect, punitive, incidental, special, consequential or other damages of any kind, including but not limited to those arising from the use or operation of the Mall and Services of or in any way related to it, and any information, software, products, goods, services obtained from the Mall and Services due to delay or inability to use, provide or fail to provide the Mall and Services, or any other loss of use, loss of data or loss of profit arising from the use of the Mall and Services, whether such loss is based on contract, tort, negligence, strict liability or otherwise, and even if we have been advised of the possibility of loss.

10.3 The user understands and agrees that force majeure and other factors (force majeure refers to unforeseen, insurmountable and unavoidable events) may be encountered during the use of the Mall and Services, including but not limited to government actions, the COVID-19 pandemic, natural disasters, cyber reasons, hacker attacks, wars or any other similar events. In the event of force majeure, we will try our best to repair and restore the Mall and Services in a timely manner, but the user agrees that we will not be responsible for the loss caused to the user due to the unavailability of the Mall and Services caused by force majeure.

10.4 We shall have the right to deal with illegal content in accordance with this Agreement, but this right does not constitute our obligation or commitment, and we cannot guarantee that illegal activities will be discovered in a timely manner or dealt with accordingly.

10.5 The user understands and agrees that we will use commercially reasonable efforts to protect the data storage security of the user during the use of the Mall and Services, but we cannot provide complete guarantees, including but not limited to the following situations:

(1) We are not responsible for the deletion or storage failure of relevant data generated by users during the use of the Mall and Services;

(2) We have the right to determine the necessary storage period for a single user's data in the Mall and Services based on the actual situation, and allocate the maximum storage space for the data on the server. Users can back up relevant data in the Mall and Services according to their own needs;

(3) If the user stops using the Mall and Services or the Mall and Services are terminated or cancelled, we can permanently delete the user's data from our server, and are not obligated to return any data to users after the Mall and Services are stopped, terminated or cancelled.

10.6 When users use the Mall and Services, they must bear the following risks beyond our control, including but not limited to:

(1) Risks such as loss and leakage of personal information that may be caused by force majeure;

(2) The user is responsible for choosing the software version that matches the installed terminal equipment, and any problems or damages caused by the mismatch between the software and the terminal equipment model shall be borne by the user;

(3) When users use the Mall and Services to access third-party services, the risks that may be caused by third-party services shall be borne by users themselves;

(4) The content published by the user may be forwarded and shared by others, and the risks and responsibilities that may be brought about by such dissemination shall be borne solely by the user;

(5) Risks such as login failure, incomplete data synchronization, and slow page opening speed caused by unstable wireless network signals and small wireless network bandwidth.

10.7 We may develop new services or adjust the functions of the Mall by ourselves or in cooperation with partners in order to improve the Mall and service experience and enrich service content according to the user's usage status and behavior.

10.8 In order to adapt to the company's business development and adjustment, we have the right to modify or suspend the authorization of the Mall and Services at any time without notifying users. If necessary, the modification or suspension will be announced in the form of a notice on the Lark platform or the page of the Mall .

10.10 We do not guarantee that the Mall and Services are safe or free from any bugs or viruses. Users should be responsible for configuring your own information technology and computer programs to use the Mall and Services. Users should use their own antivirus software.

11. Modification of Agreement

11.1 Based on the development of the Internet and changes in relevant laws, regulations and regulatory documents, or due to business development needs, we will modify or change this Agreement as and when necessary. We will make reasonable efforts to issue reasonable notices to users, such as by posting notices on the Mall website or Lark platform, and timely updating the "updated date" and "effective date" at the top of this Agreement, etc., to inform users of the material changes to the terms and conditions of this Agreement. You should review this Agreement periodically to review such changes. Once the revised Agreement is published, they will effectively replace the original Agreement. If you continue to use the Mall and Services after the update of this Agreement, you shall be deemed to have read and agree to be bound by the revised Agreement; if you do not accept the revised Agreement, you should stop using the Mall and Services.

12. Other

12.1  If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable, these provisions will be reinterpreted as close as possible to the original meaning of this Agreement, and other provisions of this Agreement shall still have full force and effect.

12.2 This Agreement, including its subject matter and is formation, shall be governed by and construed in accordance with the laws of Singapore. The user and the company undertake to resolve any dispute arising out of or in connection with this Agreement, including any question regarding existence, validity or termination of this Agreement by negotiation and mutual agreement. If the Parties fail to settle the dispute within thirty (30) days of its origin, such dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.

12.3 The terms of this Agreement consists of the text of this Agreement and all the Rules that we have published or may publish in the future. We will provide this Agreement and Rules in a conspicuous manner for your review. If there are changes, updates, or additions in the aforementioned Agreement and Rules, the old version replaced by them will automatically become invalid after such changes, updates, and additions become effective. Once you start using the Mall and Services, you are deemed to be bound by this Agreement and the Rules made available to you in the Mall and Services.

12.4 Our temporary failure to assert or enforce any provision of this Agreement shall not be deemed to be a waiver of such provision or a waiver of such rights by us. 

12.5 We reserve the right to assign, novate, or transfer some or all of your rights and obligations under this Agreement to related parties or other legal entities, or entrust a third party to provide some or all of the services under this Agreement without affecting your rights and obligations under this Agreement. In this case, this Agreement is also legally binding on the transferee or the entrusted party. However, you may not (whether by law or otherwise) assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent.

12.6 Both parties promise that all goods and/or services shall be used in the country/region where the Mall is located, and shall abide by this Agreement and the export control laws and regulations of the United Nations, People’s Republic of China, the United States and other countries applicable to this Agreement. You promise not to use the Mall and Services for purposes prohibited by applicable export control laws. Without the permission of the relevant competent authority, you and other individuals or entities authorized by you to use the Mall and Services will not provide controlled technologies, software or services to entities or individuals prohibited by applicable export control laws through the Mall and Services. Based on the need to maintain the transaction order and transaction security of the Mall and Services, if you violate the aforementioned commitments, we may take the initiative to close the relevant transaction orders and make account disposal operations when we find the above situation.

12.7 The headings in this Agreement are for convenience and reading only, and do not affect the meaning or interpretation of any provision in this Agreement.

12.8 You and we are independent entities, and this Agreement does not constitute any form of express or implied guarantee or condition for us to the user under any circumstances, nor does it constitute an agency, partnership, joint venture or employment relationship between the two parties.

12.9 This Agreement may have multiple language versions. If there is any inconsistency or conflict in the terms of each language version, the English version shall prevail.

12.10 The copyright of this Agreement belongs to us, and we reserve all rights of interpretation and modification.

12.11 This Agreement is entered into between the company and the user, and a person who is not a party to this Agreement shall have no right to enforce or rely on any of the terms of this Agreement.

13.Additional Jurisdiction-Specific Terms

The following terms apply in addition if your usual residence is in the relevant jurisdiction. Where applicable, Additional Jurisdiction-Specific Terms prevail to the extent of any inconsistency with the rest of these Terms.

Malaysia