Terms of use

Last updated: May 6, 2024

Thank you for using Temu Canada! These Terms of Use ("Terms") contain the rules and restrictions that govern your use of the Canada-facing Temu website and mobile application (“Temu”), all services and other offerings provided through Temu, and your purchase of products on Temu (“Products”) available to Canadian residents (collectively, the "Services"). The Services are intended to promote the Products in Canada. If you order products to be shipped to another country, you may be redirected to the local site of that country and your use of that local site and purchases of products on that local site will be subject to the terms of that local site. These Terms form a binding agreement between you and us. By completing the registration process and/or browsing the Services, you represent, and we rely on the facts that (1) you have read, understand and agree to be bound by the Terms; (2) you are of legal age in your province of residence to form a binding contract with us; (3) you have the authority to enter into the Terms personally; and (4) if you are using the Services on behalf of a company or other entity, (a) you agree that “you” includes you and that entity, (b) you are an authorized representative and/or agent of the entity with the authority to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. Your access of the Services is your acceptance that you agree to be bound by all of these Terms.

The Products are for personal or gift use only. You may not purchase Products for re-selling or other commercial purposes.

BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO USE THE SERVICES OR PLACE ORDERS FOR ANY PRODUCTS.

1. Overview

1.1 By using the Services and purchasing Products, you are contracting and entering these Terms with Whaleco Canada Inc. Whaleco Canada Inc. is referred to in these Terms and Policies (as defined below) as "we" or "us". Temu users and Product purchasers are referred to in these Terms as "you."

1.2 When you purchase one or more Products from us (or a third party merchant) on Temu (an “Order”), we (or the third party merchant where applicable) are responsible for fulfilling your Order, for the Products and for providing any post-sale services. We and our affiliates also provide technical and operational support for Temu.

1.3 Your use of, and participation in, certain Services may be subject to additional policies or rules or terms we may publish from time to time (“Policies”), including our Privacy Policy. The Policies are expressly incorporated by reference into these Terms. If the Terms are inconsistent with the Policies, the Policies shall control with respect to the relevant subject matter.

1.4 PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms and any updated Policies available on Temu. We will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be made effective in accordance with applicable laws. Where required we may provide notice and you may be required to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE OR APPLICATION TO VIEW THE THEN-CURRENT TERMS.

2. Purchases; Pricing

2.1 All Product prices (“Prices”) listed on Temu are exclusive of shipping charges and applicable taxes, including without limitation goods and services tax/harmonized sales tax, provincial sales tax, retail sales tax, Québec sales tax and any similar taxes (collectively, “Sales Taxes”), which will be charged to you separately at the applicable rate and which are payable by you. Prices may change at any time, but any change (other than errors under Section 2.2) shall not apply to any Order for which we have sent an order confirmation. All amounts are in Canadian dollars unless otherwise noted on Temu. By clicking “Submit order” on Temu, you are offering to purchase Products on Temu (from us or a third party merchant as the case may be). The acceptance of such offers is in our sole discretion and will be communicated to you in our order confirmation. For the avoidance of doubt, we reserve the rights, in our sole discretion, not to accept your offer to purchase any Products and to cancel your Order or parts of your Order in certain events, including, without limitation, supply difficulties or if the Products are no longer in stock.

2.2 While we strive to provide accurate information on Temu, typographical errors, inaccuracies, or omissions that relate to pricing, product descriptions, availability, and offers may occur. Subject to applicable law, we reserve the right to correct any errors, inaccuracies, or omissions and to change or modify information or cancel Orders or parts of Orders if any information on Temu is inaccurate at any time without prior notice, including after your Order has been submitted or your receipt of an order confirmation or shipping notice. Strike-through pricing demonstrated on the website is for illustration purposes only, is intended to be comparative to prior pricing offered for the same products on the site, and may not be current information or a reflection of comparative pricing from multiple sources. If comparing prices is important to your purchase decision, you should do your own comparison before making a purchase.

2.3 Please check all descriptions and restrictions regarding the Product you are interested in thoroughly before you place your Order. If you have any special circumstance (e.g., a medical or health condition and/or special need) that may affect or be affected by the Product you wish to purchase, it is solely your responsibility to inform us before you place your Order.

2.4 You agree to pay all amounts specified in your order confirmation, including all shipping charges, Sales Taxes and other applicable taxes, charges and fees.

2.5 We make reasonable efforts to display, as accurately as possible, the colors of our Products on Temu. However, we cannot guarantee that the display of any color on your device will be an accurate depiction of the color of the Product you selected to purchase.

2.6 You acknowledge that the Products are in conformity with the transaction or intended purchase if they: (i) comply with the description given on Temu and possess the qualities that we have presented on Temu; and (ii) are fit for the purposes for which goods of such kind are normally used.

2.7 In order to make purchases, you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use. You must promptly update your account with any changes related to your payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE TAXES (INCLUDING SALES TAXES), CHARGES, FEES AND SHIPPING COSTS; AND (C) ANY OTHER CHARGES INCURRED IN CONNECTION WITH YOUR USE OF THE SERVICES. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY PROVIDED IN APPLICABLE POLICIES. We may decline, freeze or hold your transaction for any reason, including for suspected fraud, anti-money laundering and sanctions compliance, or if we believe your transaction poses a risk to us or any third party.

2.8 Third-party service providers for payment services (“Payment Processors”) may charge you fees for your purchases made through Temu. Such processing fees will be disclosed to you via Temu. Your use of the Services and the payment processing provided by the Payment Processor is subject to your agreement with the Payment Processor, as may be modified from time to time. As a condition of using the payment services, you must provide accurate and complete information, and you authorize us to share this information with the Payment Processor.

2.9 Your payment obligations are fully fulfilled once your payment of the agreed price is received.

2.10 Title to any purchased Product transfers from us (or, where applicable, a third party merchant) to you when such Product is delivered to the shipping address provided by you.

3. Refunds and Exchanges

3.1 We will assist you with customer services support involving payment, return, refund and other areas in connection with your purchase of Products.

3.2 We want you to be satisfied with your purchases through Temu. For all the products purchased on Temu, you may be entitled to a return and refund. For details of return and refund, please visit our Return and Refund Policy. Please follow the instructions in the Policy if you want to request a refund. You acknowledge and agree that we may issue a refund to you in accordance with the Return and Refund Policy in our discretion and upon confirmation of compliance with the Policy.

Unless otherwise described in the Return and Refund Policy, the refund will not cover customs, taxes, or any return shipping costs you may incur in the refund process.

4. Rewards

4.1 You may receive credits, coupons, cash, gifts or other kinds of reward by use of the Services (collectively, “Rewards”). Some rewards may only be used for discounts on or payment for eligible purchases on or through Temu (but note that not all Products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law. You should read carefully the information and applicable rules regarding different kinds of rewards.

5. User Requirements and Registration

5.1 To use the Services, you represent that you are at least eighteen (18) years of age if you are a resident of Alberta, Manitoba, Ontario, Prince Edward Island, Quebec, or Saskatchewan, or nineteen (19) years of age if you are a resident of British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut and Yukon. Products for children's use may be sold on Temu. However, these Products are intended for sale only to adults. Certain Products may be intended for individuals of certain ages or "mature audiences" only. By browsing or ordering such Products, you certify that you are old enough to view, use, own, or receive them in accordance with the laws applicable in your province of residence. We are not responsible for any content that you may find offensive, indecent, or objectionable.

5.2 You may not use the Services if: (a) you are not legally able under the laws applicable in your province of residence to enter into a binding contract with us; (b) you are located in a country embargoed by your country of residence; (c) you are on any agency list of prohibited persons or entities, such as the U.S. Treasury Department's list of Specially Designated Nationals; or (d) you are banned from using the Services by us, in our sole discretion.

5.3 You may be required to create an account, and select a password and user name. When creating your account on Temu (“Account”), you agree to provide true, accurate, complete, and updated information about yourself, including contact details. You are responsible for keeping your registration information with us up to date. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to prohibit use by minors, and you will accept full responsibility for any unauthorized use of the Services through your account by any minor. You may not select as your user name a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your Account to anyone else without our prior written permission. You agree not to create an Account or use the Services if you have been permanently banned from any of the Services. You may not share your Account or password with anyone, and you agree to notify us immediately of any unauthorized use of your password or any other breach of security and to exit from your Account at the end of each session.

5.4 You may also register an Account by connecting through a social network service account and its credentials (an “SNS Account”). If you access the Services through a SNS as part of the functionality of the Services, you may link your Account with SNS Accounts by allowing us to access your SNS Account, as is permitted under the applicable terms and conditions that govern your SNS Account. You represent that you are entitled to grant us access to your SNS Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your SNS Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS. By granting us access to any SNS Accounts, you understand that we may access, make available and store (if applicable) any Content (as defined below) that you have provided to and stored in your SNS Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Submissions for all purposes of the Terms. Depending on the SNS Accounts you choose and subject to the privacy settings that you have set in such SNS Accounts, personal information that you post to your SNS Accounts may be available on and through your Account on the Services. Please note that if a SNS Account or associated service becomes unavailable, or our access to such SNS Account is terminated by the SNS, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your SNS Accounts at any time by accessing the “Settings” section of the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONAL INFORMATION THAT MAY BE PROVIDED TO US BY SUCH SNS PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

6. Rules and Restrictions

6.1 You agree to use the Services for your own and personal use, and not on behalf of or for the benefit of any third party or for any commercial purpose, and only in a manner that complies with these Terms, the Policies, and all applicable laws. We are not responsible if you use the Services in any way that is a violation by you of any applicable laws.

6.2 You are responsible for all activity associated with your Account. Therefore, you must protect the security of your Account and password and not share them with any third party. You must notify us immediately of any unauthorized use or security breach of your Account.

6.3 You must not create multiple accounts.

6.4 Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Services may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

6.5 When using the Services, you agree and undertake not to take any action or make available any User Submissions, as defined in Section 9 below, through the Services that may:

If we become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including User Submissions, in our possession in connection with your use of the Services, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms and Policies, (iii) respond to any claims that a User Submission violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of us, our users or the public, and all enforcement or other government officials, as we in our sole discretion believe to be necessary or appropriate.

7. Privacy

7.1 Our Privacy Policy provides information about how we collect, use, and disclose your personal information when you access, visit or use the Services. In connection with your use of the Services, you acknowledge and agree that we may collect, access, use, preserve and disclose your personal information (including your account and user information) as described in our Privacy Policy. The Privacy Policy is part of and is governed by these Terms and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy.

7.2 In order to fulfill your purchases, we need information about you, such as your mailing address. You acknowledge and agree that when you make a purchase, you authorize us to collect your information (including your name, street address, and phone number) and share your information with third party service providers to facilitate the fulfilment of your Order.

8. Communications

8.1 With your consent or as otherwise permitted by applicable law, we may send you communications electronically such as emails, texts, mobile push notices, and notices and messages on or through the Services (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services, including your receipt of Push Messages from us. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device, including for your receipt of Push Messages. You also acknowledge and agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that we provide to you electronically constitute and shall have the same legal effect as “in writing.”

8.2 You agree that we may communicate with you at any email address or telephone number that you provide us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; (vi) notify you regarding order, payment and delivery updates; (vii) send you authentication texts; or (viii) as otherwise necessary to service your Account or enforce these Terms, the Policies, applicable laws and regulations, or any other agreement we may have with you. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. We will obtain your consent for any such communications sent to your email address to the extent required by applicable law.

8.3 If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so. Upon signing up you will receive the applicable category of message(s) from or on behalf of us, including one-time passcodes, notifications regarding your orders, our promotional messages, and abandoned cart reminders at the mobile number you provide us. Message frequency varies and carriers are not liable for any delays or undelivered messages. Message and Data Rates may apply. You acknowledge that you are not required to consent to receive marketing texts as a condition of using the Services. If you wish to opt out of SMS texts from us, you can reply STOP to the corresponding number from your mobile device receiving the messages. However, you acknowledge that opting out of receiving texts may impact your use of the Services. If you would like to resume the subscription, reply UNSTOP to the corresponding number. We will not share your consent, opt-in and opt-out records with any third parties other than text messaging service providers and aggregators. You may also reply “HELP” for assistance. For further assistance, please contact us 1) if you are using a Temu website, at the appropriate email address on the “Contact us” page linked in the website footer, and (2) if you are using a Temu application, through the “Customer support” section in the “You” menu at the bottom of the home page.

8.4 If you wish to opt out of marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options in the marketing email itself.

8.5 Our communications with you may be through a third-party service provider. You acknowledge and consent that, subject to our Privacy Policy, your communications with us, our agents may be recorded, monitored, and stored for quality control and training purposes, or to protect your and our interests, as further outlined in our Privacy Policy.

9. User Submissions

9.1 “User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. Any User Submission posted by you in your Account may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by us in our sole discretion.

9.2 For all User Submissions, you grant us a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right (including any moral rights) and license to use, license, store, display, reproduce, save, modify (e.g. to make sure the User Submission is viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act with respect to such User Submissions as we determine is necessary to operate, market, and advertise the Services, including to present, display, or perform such User Submissions in accordance with your preferences.

9.3 You acknowledge and agree that all User Submissions (including the user name under which you made them) are non-confidential and non-proprietary. We may freely display, disclose, reproduce, modify, license, transfer, distribute and otherwise use the User Submissions in any manner, without any restriction or compensation to you.

9.4 You warrant that you own or otherwise control all rights to the User Submissions and that any User Submission does not infringe upon or violate the rights of any third party or violate any of the rules and restrictions contained in these Terms (including those included in Section 6 herein).

9.5 We do not endorse User Submissions and they do not represent our views. We expressly disclaim any liability for User Submissions or damages resulting from them. We expect users to maintain a high level of integrity when submitting User Submissions that are viewable by other users, especially with respect to ratings and reviews of Products. You undertake that the User Submissions that are viewable by other users are made truthfully in good faith and based only on your first-hand experience. You further undertake that you will prominently indicate if a User Submission was sponsored or paid for in any way. You acknowledge that we have no obligation to pre-screen User Submissions, although we reserve the right to pre-screen, refuse, exclude or remove any User Submission for any reason or no reason, at our discretion and without notice to you at any time. By entering into these Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your User Submissions. In the event that we pre-screen, refuse, exclude or remove any User Submissions, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, we shall have the right to remove any User Submissions that violate the Terms or are otherwise objectionable.

10. Ownership

10.1 You acknowledge and agree that all materials displayed, performed, or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and User Submissions (collectively, "Content") are protected by copyright and/or other intellectual property laws throughout the world. You undertake to comply with all copyright notices, trademark rules, information, and restrictions contained in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise use for any purpose any Content not owned by you without the prior consent of the owner of that Content.

10.2 We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing upon another person’s intellectual property rights. See our Intellectual Property Policy to learn how to report potentially infringing content.

10.3 You acknowledge and agree that we own or license the Services. You undertake not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, except as expressly provided in this Section 10.

10.4 Subject to your compliance with these Terms and all applicable policies, rules, and guidelines, and your payment of any applicable fees and applicable Sales Taxes thereon, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services for the sole purpose of using Temu. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by us terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.

10.5 You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by us in advance. You may not solicit, advertise for, or contact in any form users for employment, contracting or any other purpose not related to the Services facilitated through Temu. If you violate this provision, we reserve the right to refuse service, terminate accounts, and/or cancel purchase transactions in our discretion.

11. User Responsibilities; Third Party Risks

11.1 You acknowledge and agree that any Content publicly posted or privately transmitted through the Services by a third party is the sole responsibility of the person that posted or transmitted such Content. You access and use such Content, and interact with other users, at your own risk. We are not responsible for any errors, mistakes, omissions, inaccuracies in the Content posted by third parties. We do not control such Content and have no duty to take any action regarding how you may interpret, use or react to such Content. We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to, such Content. You also understand that we cannot guarantee the identities of the users with whom you interact while using the Services and are not responsible for which users gain access to the Services.

11.2 You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights to contribute such Content to the Services in such manner. You agree to fully indemnify us, including for any damages and legal fees associated with any defence, against any claims by any party based on, or in connection with (1) any allegation that you have used, posted, or modified any Content to which you do not have a right, as a violation of trademark, copyright, or otherwise; or (2) any allegation that your Content is abusive, harmful, or otherwise unlawful.

11.3 The Services may contain links or connections to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or services. In addition, we will not and cannot monitor, verify, censor, or edit the content of any third-party website or service. You acknowledge and agree that we are not responsible for any risks resulting from your access or use of any third-party websites or services. We encourage you to be aware when you leave the Services and to read the terms of use and privacy policy of each third-party website or service that you visit or use.

11.4 Your interactions with other users, other entities or individuals as a result of your use of the Services, including communications, payments, performances and deliveries, are solely between you and such third parties; provided, however, that we reserve the right, but has no obligation, to intercede in such interactions. You should make whatever investigation and/or seek whatever professional advice as you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You acknowledge and agree that we are not responsible for any loss or damage incurred as the result of such interactions. You agree that we will not be responsible for any liability incurred as the result of such interactions.

12. Release

12.1 We expressly disclaim any liability that may arise between users of Temu. If there is a dispute between you and another user or any third party on Temu, we are under no obligation to become involved. To the fullest extent permitted under applicable law, you release us, our parents, subsidiaries, affiliates, directors, officers, employees, agents and successors from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

13. Ending Our Relationship

13.1 You are free to stop using the Services at any time. We are also free to terminate or suspend your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. You acknowledge and agree that we have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Even after your use of the Services is terminated or suspended, these Terms will remain enforceable against you and any unpaid amount you owe to us will remain due.

13.2 If your account is terminated for any reason, all Content and Rewards associated with your account will be destroyed and cancelled. You should try to use any remaining Rewards before the date on which such termination becomes effective.

13.3 All provisions of the Terms which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. WARRANTY DISCLAIMER.

14.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE SERVICES, ANY CONTENT OR ANY PRODUCT OFFERED OR PURCHASED ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF PRODUCTS’ CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF THE CONTENT’S ACCURACY, CORRECTNESS, COMPLETENESS, OR LEGALITY. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXPRESSLY EXCLUDED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COMMUNICATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF PRODUCTS OFFERED OR PURCHASED ON OR THROUGH THE SERVICES. THIS SECTION 14 DOES NOT AFFECT IN ANY WAY OUR RETURN AND REFUND POLICY FOR PRODUCTS PURCHASED ON THE SERVICES.

14.2 YOUR USE OF THE SERVICES AND YOUR USE OF ANY PRODUCT OFFERED AND PURCHASED ON OR THROUGH THE SERVICES ARE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES, PRODUCTS OFFERED AND PURCHASED ON OR THROUGH THE SERVICES, AND THE CONTENT ARE MADE AVAILABLE TO YOU ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

14.3 YOU ACKNOWLEDGE AND AGREE THAT THE TEMU PARTIES (AS DEFINED IN SECTION 16.1) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE TEMU PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU ON OR THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.

14.4 YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES, AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SERVICES.

14.5 IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED ON OR THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.

15. LIMITATION OF LIABILITY

15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL A TEMU PARTY BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE OR GOODWILL, REPUTATIONAL HARM, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR (B) YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INABILITY TO ACCESS OR USE THE SERVICES OR THE PURCHASE AND USE OF PRODUCTS OFFERED ON OR THROUGH THE SERVICES, EVEN IF WE OR ANY OTHER PERSON HAS FORESEEN OR BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION.

15.2 THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

15.3 YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY THIRD PARTIES OR USER OF THE SERVICES.

15.4 NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF A TEMU PARTY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU ON TEMU. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TEMU PARTY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE; OR FOR (II) ANY INJURY CAUSED BY OUR FRAUD OR FRAUDULENT MISREPRESENTATION. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE REQUIREMENT FOR YOU TO PROVE ACTUAL DAMAGES CAUSED BY SUCH ALLEGED GROSS NEGLIGENCE AND/OR FRAUD. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES OR HAVE RECOURSE UNDER THE REFUND AND RETURN POLICY.

15.5 CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15.6 THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND US.

16. Indemnity

16.1 To the fullest extent permitted by applicable law, you agree to indemnify and hold us, our parents, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors and partners (each, a “Temu Party” and collectively, the “Temu Parties”) harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees ) arising from or in connection with any third-party claims relating to: (a) your use of the Services, including without limitation, User Submissions or any actions taken by a third party using your account; (b) your violation of these Terms; (c) your violation of any rights of another party, including without limitation any copyright, property, or privacy right or any third-party agreement; or (d) your violation of any applicable laws, rules, or regulations. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms).

16.2 We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with us in asserting any available defenses.

16.3 You agree that the provisions in this section will survive any termination of your Account, the Terms and/or your access to the Services.

17. App Stores

17.1 Application License. Subject to your compliance with the Terms, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Temu mobile application (“Application”) on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any Application accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.

17.2 App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Terms are between you and us and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) and applicable Sales Taxes charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.

17.3 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

18. General

18.1 Assignment. You may not assign, delegate, or transfer these Terms, or your rights and obligations hereunder, to any other person in any way (by operation of law or otherwise) without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may transfer, assign, or delegate these Terms and its rights and obligations hereunder to any other person without your consent.

18.2 Unforeseen Events. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.3 Choice of Law. These Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of the Province of British Columbia, and applicable federal laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18.4 Notice. You acknowledge and agree that we may give notice to you through email using the latest email address you provided to us, which constitutes effective notice. Therefore, you are responsible for keeping your email address information with us up to date. You may give notice to us at the following address:

Whaleco Canada Inc.

1212-1175 Douglas Street

Victoria, BC

Canada

V8W 2E1

Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

18.5 Export Control. You undertake to use the Services and Products purchased on or through the Services in compliance with all applicable US, Canadian, or other export and re-export restrictions of applicable jurisdictions. In particular, you acknowledge and agree that the Services, including any products purchased on or through the Services, may not be exported or re-exported (a) into any country or region/jurisdiction embargoed by your country of residence or other relevant countries as applicable, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List, or any sanctioned Individual, Organization, Department, or Entity by Global Affairs Canada or similar authority. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo unless permissible under local applicable law, or that has been designated by the U.S. or Canadian Government as a "terrorist supporting" country or terrorist organization and (ii) you are not listed on any U.S. Government or Canada’s list of prohibited or restricted parties. You also will not use the Services nor the Products purchased on the Services for any purpose prohibited by any applicable law.

18.6 Waiver. Our failure to respond to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

18.7 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

18.8 Third-Party Beneficiaries. There are no third-party beneficiaries intended under these Terms.

18.9 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

18.10 Translation. The translated versions of these Terms of Use, Privacy Policy, Intellectual Property Policy or any other terms or policies, are provided for your reference only. To the extent permitted by applicable law, if there are any discrepancies between the English version and versions in other languages, the English version shall always prevail.

Contact us

1. If you are using a Temu website, at the “Contact us” page linked in the website footer. If you are using a Temu application, through the “Customer support” section in the “You” menu at the bottom of the home page.