SUMMARY OF TEMU’S TERMS OF USE

This summary of Temu’s Terms of Use is provided for the convenience of European Union (EU) users. It does not contain all elements of the Terms of Use and deviations may apply between different countries. Should there be any discrepancy or conflict between this summary and the Terms of Use, the Terms of Use will govern. We kindly encourage you to read and familiarise yourself with our full Terms of Use.

1. OVERVIEW

The Terms of Use is a binding contract between you and us, Whaleco Technology Limited, an Irish company.

We may change the Terms of Use from time to time. When we do, we will inform you of these changes in a timely manner to give you an opportunity to review them before they go into effect.

2. USER REQUIREMENTS AND REGISTRATION

You can use our Services for personal (i.e., non-commercial) purposes only. For example, purchasing products for resale is not allowed.

You must be at least 18 years old and the age of majority in your country/region to use our Services. We are not liable for any third-party content on Temu that may be offensive, indecent, or objectionable, although we may remove or restrict such content based on our content moderation processes.

Please don’t use our Services if you are unable to form legally binding contracts or if you have previously been banned from using our Services due to prior violations of the Terms of Use or other reasonable reasons.

When creating an account, you must provide true and accurate information and keep this information up to date. Unless otherwise specified in the Terms of Use, you are responsible for all activities under your account, including restricting use by minors. You may not choose a username that you don’t have the right to use or that impersonates someone else. Please keep your account details private and notify us immediately of any unauthorized use or any security breach. We reserve the right to approve or reject registration requests.

3. RULES AND RESTRICTIONS

In addition to using our Services for your own personal purposes only, you must use our Services in a lawful manner and in compliance with the Terms of Use and Temu policies. There are rules that govern your use of our Services, such as our Community Guidelines and Review Guidelines. Please read Section 3.5 of the Terms of Use for these rules and restrictions. Failure to comply with these rules and restrictions may result in restriction, suspension or termination of your account.

Promotions such as sweepstakes, contests, raffles, surveys, and games offered through our Services may be subject to separate rules. If the rules for promotions conflict with the Terms of Use, the rules for promotions will govern.

Please read our DSA Help Page for information on our approach to content moderation and misuse of our Services. Our DSA Help Page also outlines other remedies and processes for our users such as:

  • Remedies and redress options for users such as how to report specific pieces of content that you consider to be prohibited;

  • Your right to receive a statement of reasons for restrictions we impose on your use of the Services;

  • Your right to submit an appeal against a decision we make and the possibility of out-of-court dispute settlement; and

  • Information on how we recommend content to you, the main parameters used in how we recommend content to you and options you have to modify and influence those main parameters.

4. PRIVACY

Please read our Privacy Policy for information on how we handle your personal information.

5. COMMUNICATIONS

We will communicate with you through emails, texts, mobile push notices and notices and message on Temu where you have given your permission as required by law. You are responsible for any fees, costs, or expenses related to your use of our Services. Communications and documents we provide electronically will have the same legal effect as those provided in writing.

You may sign up to receive our marketing materials via mobile texts or emails and you are free to opt out. Receiving marketing texts is not a condition of using our Services.

6. USER SUBMISSIONS

“User Submission” means anything posted, uploaded, shared, or submitted, by you through our Services, including suggestions, comments, reviews, ratings, photos, videos, or other feedback or materials, and may be viewable by other users. You will remain the owner of your User Submissions, but you permit us to use User Submissions to operate our Services. You also confirm that you have the right to the User Submissions and they do not infringe anyone else’s rights or these Terms of Use.

We are not responsible or liable for your or other users’ User Submissions.

7. OWNERSHIP

Content displayed or available through the Services as well as the Services themselves are protected by intellectual property rights. You must respect other parties’ intellectual property rights (including copyright, trademarks and protected designs). You must not copy, modify, publish, or use any content that you do not own without explicit permission from the content owner. For details on how to report content infringement, please refer to our Intellectual Property Policy.

As long as you comply with the Terms of Use, all applicable policies, rules and guidelines, and the payment of any applicable fees and taxes, you are granted a limited permission to use our Services for personal and non-commercial purposes.

8. RESPONSIBILITIES; THIRD PARTY RISKS

We are not responsible for the content posted or transmitted through the Services by users.

You are responsible for Content you contribute to our Services and you confirm you have the right to contribute this content.

We are not responsible for third-party websites or services that are not owned or controlled by us. Please make sure to read the applicable Terms of Use for such third-party websites or services.

We are not responsible for any interactions between you and other users, other entities or individuals as a result of your use of the Service. However, we may choose to assist in resolving any issues you have with such third parties.

You are not allowed to sell to, or purchase products from, third parties in a way that avoids paying fees for products through our Services.

9. DISCLAIMER

We are not liable for any claims or disputes that may arise between users of Temu.

10. PURCHASES

Please read the full product listing before purchasing any products. All prices include applicable VAT and all other taxes to the extent applicable (other than custom duties, which are subject to specific provisions in Section 10.1).

When you place an order, the contract for the purchase of product will be concluded between you and the third-party merchandise partner. Please note that only third-party merchandise partners which act as professional traders are entitled to sell products on Temu.

We strive to provide accurate information on Temu, but there may be mistakes that relate to pricing or other information on the products. We reserve the right (where the law allows) to correct such mistakes and to change or modify this information or to cancel part or all of an order.

You are provided with legal rights pursuant to national consumer laws, including a legal warranty that the product will be in conformity (for example, with the product description, any specifications and the sales contract). Your remedy may notably include (a) to have the product brought into conformity; or (b) to terminate your contract. You may exercise such legal rights against the third-party merchandise partners.

By providing your payment method information, you authorise us, our affiliates or agents to charge the payment method for the total cost for your purchase of products.

11. REFUNDS, EXCHANGES AND RELATED

Our Return and Refund Policy provides details on your remedies of return and refund. Please read this carefully.

12. REWARDS

You may receive various types of rewards through the Services, including credits, coupons, cash, gifts, or other forms. Please carefully read the rules which apply to any rewards you are granted as these may have conditions, such as eligibility conditions.

13. ENDING OUR RELATIONSHIP

You can stop using the Services at any time for any reason.

We may suspend or terminate your use of the Services or your account for breaching the Terms of Use or the Temu policies which will result in all content and rewards being forfeited and cancelled.

Some provisions of the Terms of Use will remain in effect even after termination, including ownership rights, warranty disclaimers, and limitations of liability.

14. LIMITATION OF LIABILITY

Section 14 of our Terms of Use outlines our liability to users. Please review it carefully. Kindly note that, except in exceptional circumstances such as injuries, death, or damages caused wilfully or as a result of gross negligence by us, our liability is limited to foreseeable losses. We are not liable for obligations of any third parties. You may have additional rights under your national consumer protection laws.

15. INDEMNITY

You agree to indemnify us for any loss or damage we may suffer in the event that someone else sues us because of your wrongful actions.

16. APP STORES

If you are using the Temu app, please note that we are responsible for the app while app store providers like Apple and Google are not. You must comply with all relevant app store rules and the Terms of Use.

17. GENERAL

These are important details about the contract, resolving disputes, and that the law of your country applies to this contract for EU residents, and otherwise it is the law of Ireland that applies. The United Nations Convention for the International Sales of Goods does not apply.

We have included reference to dispute resolution mechanisms, including a link to the European Commission’s internet platform for the online settlement of disputes: http://ec.europa.eu/consumers/odr.

18. CONTACT INFORMATION

Please read our contact details under Section 18 of the Terms of Use if you want to contact us.