Registering or browsing binds you to the Terms as a contract
The Terms set the rules for using Temu's applications, products, services and websites and form a binding agreement between you and the company. By completing registration or just browsing the Services, you represent that you have read and agree to the Terms, are of legal age with capacity to contract, and have authority to enter the Terms. If you use the Services for a company, you confirm you are authorized to bind it and agree on its behalf. You are told not to use the Services unless you agree to all of the Terms.
Supporting quotations
These Terms form a binding agreement between you and us.
By completing the registration process and/or browsing the Services, you represent that (1) you have read, understand and agree to be bound by the Terms
(b) you are an authorized representative of the entity with the authority to bind the entity to these Terms
You should not access or use the Services unless you agree to be bound by all of these Terms.
The contracting company is Whaleco Inc., a Delaware company
The Terms are between you and Whaleco Inc., a Delaware company, referred to as “we” or “us”. “Temu” or “our app” refers to the website and mobile apps, and “you” means end users, including visitors and those who buy products. The company and its affiliates provide technical and operational support for the app, and you may pay for several orders in one transaction, which may be delivered together in one package.
Supporting quotations
1.1 These Terms are between you and Whaleco Inc., a Delaware company.
Whaleco Inc. is referred to in these Terms and Policies (as defined below) as “we” or “us”.
End users, including visitors to Temu and those who use Temu to purchase products as “you.”
We and our affiliates provide technical and operational support for our app.
Additional policies apply; if they conflict with the Terms, the Policies prevail
Some Services are also subject to additional policies the company may publish from time to time, including the Privacy Policy and the Cookie and Similar Technologies Policy, which describe how your personal data is processed and are together called the “Policies”. If the Terms are inconsistent with the Policies, the Policies prevail on their relevant subject matter.
Supporting quotations
including the Privacy Policy and Cookie and Similar Technologies Policy describing how we process your personal data (collectively, the “Policies”)
If the Terms are inconsistent with the Policies, the Policies shall prevail with respect to their relevant subject matter.
Not stated here
The Privacy Policy and Cookie and Similar Technologies Policy are separate documents that were not supplied.
Legal Rights & Agreement Rules · Context
Notice of arbitration, class waiver and jury waiver, with a 30-day opt-out
An upfront notice flags that Section 19 governs how disputes are resolved, including disputes that arose or were asserted before the effective date. Section 19 contains an agreement to arbitrate that requires, with limited exceptions, binding and final arbitration of all disputes. Unless you opt out within 30 days of the effective date of the agreement, you and the company may pursue claims only individually, not as a plaintiff or class member in a class or representative action, and each side waives its right to court and to a jury trial. The notice adds that in some countries you may have extra rights or parts of the arbitration agreement may not apply as required by law.
Supporting quotations
SECTION 19 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION.
UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT:
EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
IN SOME COUNTRIES YOU MAY HAVE ADDITIONAL RIGHTS AND/OR ELEMENTS OF THE ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS REQUIRED BY LAW.
Qualifications & exceptions
The opt-out window is measured from the effective date of the agreement.
Legal Rights & Agreement Rules · Procedure
Temu may change the Terms at any time; continued use means acceptance
The Terms can be changed by the company in its sole discretion at any time. When they change, it publishes an updated copy and updates the “Last Updated” or “Effective Date” at the top of the page, and it may notify you by email or other channels. If you do not agree to a change you should stop using the Services; otherwise your continued use after the change takes effect counts as acceptance. You are urged to check the website or app regularly.
Supporting quotations
THESE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME.
We may provide notice to you of such changes via email or other channels.
If you do not agree to any change(s), you shall stop using the Services. Otherwise, you agree that your continued use of the Services after the changes take effect constitutes your acceptance of such change(s).
we will also update the “Last Updated” date or “Effective Date” at the top of the page
Not stated here
Notice of changes by email or other channels is described as something the company “may” provide, not as a commitment.
Account & Service Control · Restriction or exception
Register at 18+; ages 13–17 need a parent’s account; under 13 barred
To register and use the Services you represent you are at least 18 and of legal age to contract. People under 18 and at least 13 may use the Services only through an Account owned by a parent or legal guardian, with permission and direct supervision. People under 13 are not permitted to use Temu or the Services. Products for children may be sold but are intended for adults or adult supervision, and by ordering age-restricted or mature-audience products you certify you are old enough to view, use, own or receive them. The company is not responsible for third-party content you may find offensive.
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you represent that you are at least eighteen (18) years old and of legal age to form a binding contract.
Individuals under 18 and at least 13 years of age are only permitted to use our Services through an Account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Individuals under 13 years are not permitted to use Temu or the Services.
By ordering such products, you certify that you are old enough to view, use, own, or receive them.
We are not responsible for third-party content that you may find offensive, indecent, or objectionable.
data: demographics
Legal Rights & Agreement Rules · Restriction or exception
No use from embargoed countries or if on a prohibited-persons list
You may not use the Services if you cannot form a binding contract, are located in a country embargoed by your country of residence or another relevant country, are on an agency list of prohibited persons such as the U.S. Treasury Department's Specially Designated Nationals list, or have been banned by the company in its sole discretion.
Supporting quotations
(b) you are located in a country embargoed by your country of residence or other relevant country; (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.
2.2 You may not use the Services if: (a) you cannot enter into a binding contract with us;
data: location
Account & Service Control · Restriction or exception
Accounts: accurate details, you answer for all activity, no sharing or transfer
When creating an Account you agree to give true, accurate, complete and updated information, including contact details, and to keep it up to date. You are responsible for all activity under the Account and for restricting use by minors, taking full responsibility for any unauthorized use by minors. You may not choose a name you have no right to use or impersonate someone, transfer the Account without prior written permission, create an Account if you were permanently banned, or share your Account or password. You must notify the company immediately of unauthorized use or security breach and exit your Account at the end of each session.
Supporting quotations
you agree to provide true, accurate, complete, and updated information about yourself, including contact details.
You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors.
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.
data: contacts · data: identifiers
Linking & Identification · Permission or license
Linking a social network account lets Temu access limited information from it
You may register an Account through a social networking service account as Temu permits. If you access the Services through a social network, you may link accounts by allowing Temu to access limited information from that account, as permitted by the social network's terms. You represent that you may grant this access without breaching those terms. If the social account becomes unavailable or the network ends Temu's access, the social content will no longer be available. You can disable the connection at any time in the Temu app's “Settings” section or the “Orders & Account” section of the website. The company disclaims liability for personal information a social network provides in violation of your privacy settings there and does not review or take responsibility for social content.
Supporting quotations
you may link your Account with SNS Accounts by allowing us to access limited information of your SNS Account, as permitted under the applicable terms and conditions that govern your SNS Account (“SNS Content”).
You represent that you are entitled to grant us access to your SNS Account to use the Services without breach by you of any of the terms and conditions that govern your SNS Account
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 Temu application or the “Orders & Account” section of the Temu website.
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
The text says “limited information” without listing which fields are accessed.
Legal Rights & Agreement Rules · Restriction or exception
Use the Services only for yourself and in line with the Terms and law
You agree to use the Services for your own use, not on behalf of or for the benefit of a third party, and only in a way that complies with the Terms, the Policies and applicable laws. If your use is prohibited by law you are not authorized to use the Services, and the company is not responsible for any use in breach of law.
Supporting quotations
You agree to use the Services for your own use, and not on behalf of or for the benefit of any third party
If your use of the Services is prohibited by any applicable laws, then you are not authorized to use the Services. We are not responsible for any use of the Services that is in breach of any applicable laws.
Account & Service Control · Restriction or exception
Protect your password and report breaches; no multiple accounts
You are responsible for all activity associated with your Account, must protect the security of your Account and password, must not share them with a third party, and must notify the company immediately of unauthorized use or a security breach. You must not create multiple accounts.
Supporting quotations
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.
Promotions such as contests and games may have separate rules that control
Sweepstakes, contests, raffles, surveys, games and similar promotions offered through the Services may, to the extent laws permit, be governed by separate rules. If a promotion's rules conflict with the Terms, the promotion rules govern.
Supporting quotations
may be governed by separate rules. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
Legal Rights & Agreement Rules · Restriction or exception
Prohibited conduct: unlawful, abusive, deceptive or infringing actions
You agree not to take any action or make available any User Submissions that infringe another person's rights including intellectual property, violate the Terms, the Policies or laws, or involve unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, pornographic, obscene or otherwise objectionable or discriminatory conduct. You may not circumvent the Terms or rules for Promotions, send unauthorized or unsolicited advertising or bulk email, obtain another user's password or security information, or use a third party's credentials, conceal your true IP address or misrepresent your identity or affiliation.
Supporting quotations
you agree and undertake not to take any action or make available any User Submissions through the Services that may:
infringe or violate another person’s rights, including intellectual property rights
engage in any unlawful, harmful, abusive, misleading, false, fraudulent, deceptive, threatening, harassing, defamatory, libelous, pornographic, obscene, profane or otherwise objectionable or discriminatory conduct
constitute unauthorized or unsolicited advertising, or junk or bulk email
obtain another user’s password, account, or other security information
use a third party's credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or your affiliation with any person or entity
violate any of these Terms, the Policies, or applicable laws and regulations
circumvent or attempt to circumvent any of these Terms, the Policies or other rules relating to the Services including the Promotions
Legal Rights & Agreement Rules · Restriction or exception
No scraping, reverse engineering, overloading or harvesting user data
You may not collect personal data from other users or use such information collected from the Services, run auto-responders, spam or processes that operate while you are logged out, overload, flood or crash the Services' infrastructure, violate security features, or use manual or automated software to access, “crawl,” “scrape,” or “spider” any page, data or portion of the Services. You may not introduce viruses or harmful code, interfere with any computer network's security, copy or store a significant portion of the content without written consent, or decompile, reverse engineer or otherwise obtain the source code or underlying ideas or information of the Services.
Supporting quotations
collect personal data from other users or use any such information collected from the Services
violate or interfere with the proper functioning or security of any computer network
run any form of auto-responder or “spam” on the Services, any process that runs or is activated while you are not logged into the Services
use of manual or automated software or other means to access, “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or the introduction of viruses, worms or similar harmful code into the Services
copy or store any significant portion of the content on the Services without written consent from us
decompile, reverse engineer, or otherwise obtain the source code or underlying ideas or information of or relating to the Services
data: identifiers · purpose: security
Legal Rights & Agreement Rules · Restriction or exception
No illegal purchases, promotion abuse, price manipulation or assisting others
You may not buy products you are not legally allowed to purchase or use, abuse promotions, discounts or other benefits, manipulate the price of listed products or interfere with listings, or attempt, permit, encourage, assist or allow a third party to do anything in the prohibited list. The list also covers conduct likely to cause a security breach of your Account.
Supporting quotations
engage in any conduct that is likely to cause a security breach of your Account
buy any products which you are not legally allowed to purchase or use
abuse any promotions, discounts, or other benefits offered by us, or manipulate the price of any listed products or interfere with listings
attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list.
data: payment
Legal Rights & Agreement Rules · Company practice
Violations can mean content removal, cancelled orders and Rewards, suspension
In addition to other remedies, a violation of the prohibited-conduct list is grounds for removal or refusal to post any User Submission for any or no reason in the company's sole discretion, cancellation of your purchases, cancellation of Rewards or payments due from the company, and suspension or termination of your access or use of the Services.
Supporting quotations
In addition to any other remedies available to us, a violation of any of the foregoing is grounds for:
removal or refusal to post any User Submission for any or no reason in our sole discretion
cancellation of your purchases of products
cancellation of Rewards or payments due from us
suspension or termination of your access or use of the Services.
Temu may investigate, cooperate with authorities and disclose information
If the company becomes aware of a possible violation it reserves the right to investigate, and if it believes criminal activity occurred it may refer the matter to and cooperate with applicable legal authorities. Except where prohibited by law, it is entitled to disclose any information or materials on or in the Services, including User Submissions, in its possession in connection with your use of the Services to comply with laws, legal process or governmental request, to enforce the Terms and Policies, to respond to claims that a User Submission violates third-party rights, to respond to your customer-service requests, or to protect the rights, property or personal safety of the company, its users or the public, and enforcement officials, as it believes necessary in its sole discretion.
Supporting quotations
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
(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.
You agree Temu may collect, use, keep and disclose data per its policies
The Privacy Policy explains how personal information is collected, used and disclosed when you access or use the Services. By using them you acknowledge and agree that the company may collect, access, use, preserve and disclose your personal information, including Account and user information, as described in its Privacy Policy and its Cookie and Similar Technologies Policy. The Privacy Policy is part of and governed by the Terms, and by agreeing to the Terms you agree to be bound by both policies.
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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 and our Cookie and Similar Technologies 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 and Cookie and Similar Technologies Policy.
data: identifiers
Not stated here
The specific data, recipients and retention periods are in the Privacy Policy and Cookie Policy, which were not supplied.
You agree to electronic communications and push messages; carrier fees are yours
You acknowledge that you may receive communications electronically, such as emails, texts, mobile push notices and notices and messages through the Services, and where required by law the company will obtain your permission for push messages. Your wireless provider may charge data or text fees, and you are solely responsible for any fee or cost to download, install or use the Services on your mobile device, including for receiving push messages. All terms, agreements, notices and other communications provided electronically have the same legal effect as “in writing”, without affecting statutory rights including the federal E-Sign Act.
Supporting quotations
you may receive communications from us electronically, such as emails, texts, mobile push notices, and notices and messages on or through the Services (“Push Messages”), and where required by law, we will obtain your permission to deliver such Push Messages.
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.
constitute and shall have the same legal effect as “in writing.” The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
Temu may contact you at any email or number you give, even to collect debts
You acknowledge the company may communicate with you at any email address or telephone number you provide to notify you about your Account, troubleshoot problems, resolve a dispute, collect a debt, poll your opinions through surveys or questionnaires, notify you about orders, payments and deliveries, send authentication texts including one-time passcodes, or as otherwise necessary to service your Account or enforce the Terms, Policies, laws or other agreements. Standard text messaging charges from your carrier apply.
Supporting quotations
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
(vii) send you authentication texts, including one-time passcodes; 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.
Marketing texts are optional; reply STOP or use the unsubscribe link to opt out
You may sign up to receive marketing materials by mobile text, and by signing up you acknowledge the company may send promotional messages to the number you provide. Message frequency varies, message and data rates may apply, carriers are not liable for delayed or undelivered messages, and you are not required to consent to marketing texts as a condition of using the Services. To opt out of text messages you can reply STOP to the number you receive them from or follow the instructions in the messages, and to opt out of marketing emails you can unsubscribe using the option in the email itself.
Supporting quotations
If you would like to receive our marketing materials via mobile texts and alerts, you may sign up to do so.
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 and/or follow the instructions provided in these messages.
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.
Communications may be recorded, monitored and stored, via third-party providers
Communications with you may be through a third-party service provider. Subject to the Privacy Policy, your communications with the company, its merchandise partners or its agents may be recorded, monitored and stored for quality control and training purposes, or to protect your, the company's and/or the merchandise partners' interests.
Supporting quotations
Our communications with you may be through a third-party service provider.
your communications with us, the merchandise partners, or our agents may be recorded, monitored and stored for quality control and training purposes, or to protect your, our and/or our merchandise partners’ interests.
The text does not say how long recordings and stored communications are kept or whether voice calls are included.
Content & IP Rights · Restriction or exception
User Submissions can be seen by others and must avoid nudity, violence and more
A “User Submission” is anything you post, upload, share, submit, store or otherwise provide through the Services, including suggestions, comments, reviews, ratings, photos, videos, other feedback or materials, or social network content, and it may be viewable by other users. A submission posted in your Account may not contain nudity, violence, sexually explicit or offensive subject matter as determined by the company in its sole discretion.
Supporting quotations
“User Submission” means anything posted, uploaded, shared, submitted, stored, or otherwise provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos, other feedback or materials, or SNS Content 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.
You give Temu a perpetual, irrevocable, sublicensable license to submissions
For all User Submissions you grant the company a fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, transferable, sublicensable, worldwide right and license, including moral rights, to use, license, store, display, reproduce, save, modify (for example to make the submission viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate or otherwise act on them as the company determines is necessary to operate, market and advertise the Services, including presenting them in accordance with your preferences.
Supporting quotations
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.
User Submissions are non-confidential; Temu may use them without payment
You acknowledge and agree that all User Submissions, including the username under which you made them, are non-confidential and non-proprietary. The company may freely display, disclose, reproduce, modify, license, transfer, distribute and otherwise use them in any manner, without restriction or compensation to you.
Supporting quotations
all User Submissions (including the username 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.
You warrant you own your submissions and Temu’s use won’t infringe rights
You warrant that you own or otherwise control all rights to your User Submissions and that the company's use of any User Submission will not infringe or violate the rights of any third party or the rules and restrictions in Section 3 of the Terms.
Supporting quotations
You warrant that you own or otherwise control all rights to the User Submissions and that our use of any User Submission will not infringe upon or violate the rights of any third party
violate any of the rules and restrictions contained in these Terms (including those included in Section 3 herein)
data: content
Content & IP Rights · Restriction or exception
Temu doesn’t endorse submissions; reviews must be truthful and disclose pay
The company does not endorse User Submissions, which do not represent its views, and disclaims liability for them and for damages resulting from them. You undertake that submissions viewable by other users are made truthfully in good faith and based only on your first-hand experience, and that you will prominently indicate if a submission was sponsored or paid for in any way.
Supporting quotations
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.
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.
Temu may screen, refuse or remove submissions without notice; you consent
The company has no obligation to pre-screen User Submissions but reserves the right to pre-screen, refuse, exclude or remove any submission for any reason or no reason, at its discretion and without notice to you. By entering into the Terms you provide irrevocable consent to such monitoring. It says any such action is to maintain the safety and integrity of the Services, and that it may remove submissions that violate the Terms or are otherwise objectionable.
Supporting quotations
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.
By entering into these Terms, you hereby provide your irrevocable consent to such monitoring.
we shall have the right to remove any User Submissions that violate the Terms or are otherwise objectionable.
Content on the Services is protected; you may not reuse content you don’t own
All materials displayed or available through the Services, including text, graphics, data, articles, photos, images, illustrations and User Submissions, are called “Content” and are protected by copyright and other intellectual property laws worldwide. You undertake to comply with copyright notices, trademark rules and restrictions in the Content, and not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise use any Content you do not own without the owner's prior consent.
Supporting quotations
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.
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.
Content & IP Rights · Company practice
Temu may delete alleged infringing content and end infringers’ accounts
The company says it respects others' intellectual property rights and reserves the right to delete or disable Content alleged to infringe another person's intellectual property rights and to terminate the accounts of the alleged infringers. It points to its Intellectual Property Policy for how to report potentially infringing content.
Supporting quotations
we reserve the right to delete or disable Content alleged to be infringing upon another person’s intellectual property rights and to terminate the accounts of the alleged infringers.
See our Intellectual Property Policy to learn how to report potentially infringing content.
Not stated here
The Intellectual Property Policy was not supplied.
Content & IP Rights · Permission or license
Temu owns or licenses the Services; you get a limited personal-use license
You acknowledge the company owns or licenses the Services and undertake not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from or otherwise exploit them, except as Section 7 allows. Subject to your compliance with the Terms and policies and payment of applicable fees and taxes, the company or its 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 other rights are reserved, and the licenses terminate if you do not comply with the Terms or applicable policies, rules or guidelines.
Supporting quotations
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
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.
The licenses granted by us terminate if you do not comply with these Terms or any applicable policies, rules, or guidelines.
except as expressly provided in this Section 7
Legal Rights & Agreement Rules · Restriction or exception
No commercial use of Services information and no soliciting other users
You may not make commercial use of information provided on the Services or use the Services for the benefit of another business unless the company explicitly permits it in advance, and you may not solicit, advertise for or contact users for employment, contracting or any purpose not related to the Services facilitated through Temu. For a violation the company may refuse service, terminate accounts and/or cancel purchase transactions in its discretion.
Supporting quotations
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.
we reserve the right to refuse service, terminate accounts, and/or cancel purchase transactions in our discretion.
Legal Rights & Agreement Rules · Restriction or exception
Content is its poster’s responsibility; you use it at your own risk
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person who posted or transmitted it. You access and use Content and interact with other users at your own risk. The company is not responsible for errors, omissions or inaccuracies in Content, does not control it, has no obligation to review or monitor it and does not approve or endorse it. It cannot guarantee the identities of users you interact with and is not responsible for which users gain access to the Services. You are responsible for all Content you contribute and represent and warrant you have all rights to contribute it.
Supporting quotations
any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person that posted or transmitted such Content. You access and use the Content, and interact with other users, at your own risk.
We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to, Content.
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.
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.
Linking & Identification · Restriction or exception
Third-party websites and services are outside Temu’s control and responsibility
The Services may contain links or connections to third-party websites or services not owned or controlled by the company, which has no control over and assumes no responsibility for their content, accuracy, privacy policies, practices or opinions and cannot monitor, verify, censor or edit them. You acknowledge the company is not responsible for risks from accessing or using them, and you are encouraged to read each one's terms of use and privacy policy when you leave the Services.
Supporting quotations
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.
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.
purpose: third_party_services
Legal Rights & Agreement Rules · Restriction or exception
Interactions with other users and third parties are solely between you and them
Your interactions with other users, entities or individuals through the Services, including communications, payments, performances and deliveries, are solely between you and those third parties. The company reserves the right, but has no obligation, to intercede. You should make whatever investigation or seek whatever professional advice you think appropriate, and the company is not responsible for any loss, damage or liability from those interactions.
Supporting quotations
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 have no obligation, to intercede in such interactions.
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.
Charges & Financial Obligations · Restriction or exception
Arranging sales or fee payments outside Temu to avoid fees is a material breach
It is a material breach of the Terms to arrange for the sale of listed items from, or the payment of fees to, third parties outside the context of Temu for the purpose of circumventing the obligation to pay the fee for products purchased through the Services.
Supporting quotations
It is a material breach of these Terms to arrange for the sale of listed items from, or the payment of fees to third parties outside the context of Temu for the purposes of circumventing the obligation to pay the fee for products purchased through the Services.
data: payment
Legal Rights & Agreement Rules · Restriction or exception
You release Temu and affiliates from claims over disputes with others
The company disclaims liability between users and says it is under no obligation to become involved in a dispute between you and another user or a third party. To the fullest extent permitted by law, you release the company, its parents, subsidiaries, affiliates, directors, officers, employees, agents and successors from all claims, demands and damages of every kind, known or unknown, arising out of or related to such disputes. In entering the release you expressly waive protections, whether statutory (for example California Civil Code Section 1542) or otherwise, that would limit the release to claims you know or suspect exist at the time of agreeing.
Supporting quotations
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.
YOU EXPRESSLY WAIVE ANY PROTECTIONS, WHETHER STATUTORY (E.G., CALIFORNIA CIVIL CODE SECTION 1542) 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.
Qualifications & exceptions
Applies to the fullest extent permitted by applicable law.
Listed prices exclude fees, duties, taxes and shipping, charged separately
You are responsible for reading the full product listing before purchasing. Prices shown on the listing do not include any applicable fees, customs duties, charges, sales taxes, shipping costs or other amounts associated with your purchase, which are charged to you separately.
Supporting quotations
You, the customer, are responsible for reading the full product listing before purchasing any products. All prices shown on the product listing do not include any applicable fees, customs duties, charges, sales taxes, shipping costs, or other amounts that may be associated with your purchase, which will be charged to you separately.
data: payment
Charges & Financial Obligations · Context
Title and risk of loss pass on delivery to a US carrier
The title to purchased products and the risk of loss pass to you from the respective seller or sellers upon delivery of the product to the domestic carrier inside the United States. Unless otherwise indicated on the Services, products identified as local warehouse products are sold by third-party merchandise partners, and products not identified that way are sourced from third-party merchandise partners by the company.
Supporting quotations
The title to purchased products and risk of loss pass to you from the respective seller(s) upon delivery of the product to the domestic carrier inside the United States.
products identified as local warehouse products will be sold by third-party merchandise partners, and products not identified as such will be sourced from third-party merchandise partners by us.
Charges & Financial Obligations · Permission or license
You may act as importer of record; Temu may appoint a customs broker
Where applicable and unless otherwise specified, you may act as the importer of record for certain products you purchase, and you authorize the company to appoint a freight forwarder or customs broker as your direct representative to pay any sales tax and customs duties on your behalf. For customers in the U.S., additional customs duties may be imposed if the total value of imported products exceeds the threshold set by applicable laws.
Supporting quotations
you may act as the importer of record for certain products purchased and you hereby authorize us to appoint a freight forwarder/customs broker to act as your direct representative and pay any sales tax and customs duties on your behalf.
for customers located in the U.S., additional customs duties may be imposed on products that you purchase if the total value of imported products exceeds the threshold amount as specified by applicable laws.
Qualifications & exceptions
Applies where applicable and unless otherwise specified.
Charges & Financial Obligations · Restriction or exception
Sales tax is an estimate; you pay any extra, and customs delays are on you
Sales tax and similar charges collected at the time of purchase are estimated values and may change depending on applicable laws. If additional amounts are assessed you are responsible for paying them, and the company will not be liable if a product is delayed or denied customs clearance because of your failure to pay such charges.
Supporting quotations
sales tax and similar charges collected at the time of purchase are estimated values and may be subject to change depending on applicable laws. If additional amounts are assessed, you are responsible for paying them.
We will not be liable if a product is delayed or denied customs clearance as a result of your failure to pay such charges.
data: payment
Charges & Financial Obligations · Company practice
Temu may correct errors and cancel orders without notice
Typographical errors, inaccuracies or omissions about pricing, product descriptions, availability and offers may occur. Subject to applicable law, the company reserves the right to correct them and to change information or cancel orders or parts of orders if any information is inaccurate at any time without prior notice, including after you submit an order or receive an order confirmation or shipping notice. You should not rely on the strike-through price in your purchase decision, and if comparing prices matters you should do your own comparison.
Supporting quotations
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.
You should not rely on the strike-through price in your purchase decision. If comparing prices is important to your purchase decision, you should do your own comparison before making a purchase.
Qualifications & exceptions
Subject to applicable law.
Legal Rights & Agreement Rules · Restriction or exception
Tell Temu about health or special needs before ordering
You are asked to check all descriptions and restrictions for a product before ordering. If you have a special circumstance, for example a medical or health condition or special need, that may affect or be affected by the product, it is solely your responsibility to inform the company before you place your order.
Supporting quotations
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.
data: health
Legal Rights & Agreement Rules · Restriction or exception
Product colors on your screen may not match the actual product
The company says it makes reasonable efforts to show product colors as accurately as possible but cannot guarantee that your monitor's display of any color accurately depicts the color of the product you chose.
Supporting quotations
we cannot guarantee that your monitor’s display of any color will be an accurate depiction of the color of the product you selected to purchase.
Legal Rights & Agreement Rules · Context
Conforming products match the description, normal use and expected quality
You acknowledge that products are in conformity with the transaction or intended purchase if they comply with the description provided on Temu and have the qualities presented there, are fit for the purposes for which such goods are normally used, and are of the quality and performance normal in goods of the same type and which can reasonably be expected.
Supporting quotations
You acknowledge that the products are in conformity with the transaction or intended purchase if they: (i) comply with the description provided on Temu and possess the qualities presented on Temu; (ii) are fit for the purposes for which goods of such kind are normally used; and (iii) are of the quality and performance which are normal in goods of the same type and which can reasonably be expected.
Charges & Financial Obligations · Permission or license
You authorize charges to your payment method; payments non-refundable by default
To buy you must give accurate and complete information for a valid payment method you are authorized to use and promptly update changes. By giving payment method information you authorize the company, its affiliates, agents or payment service processors to charge it for amounts due for purchased products, applicable customs duties, taxes and shipping costs, and any other charges incurred in connection with your use of the Services. Payments are non-refundable except as expressly provided in applicable policies. The company may decline, freeze or hold a transaction for any reason, including suspected fraud, anti-money laundering and sanctions compliance, or if it believes the transaction poses a risk. Your payment obligations are fully fulfilled once payment of the agreed price is received.
Supporting quotations
you must provide accurate and complete information for a valid payment method, such as a credit card, that you are authorized to use.
BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US OR OUR AFFILIATES OR OUR AGENTS OR PAYMENT SERVICE PROCESSORS TO CHARGE THE PAYMENT METHOD FOR: (A) AMOUNTS DUE FOR PURCHASED PRODUCTS; (B) ANY AND ALL APPLICABLE CUSTOMS DUTIES, TAXES 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.
Your payment obligations are fully fulfilled once your payment of the agreed price is received.
Payment processors may charge fees; Temu may share your payment details
Payment processors may charge you fees for purchases made through Temu, and those processing fees will be disclosed via Temu. Your use of the Services and the payment processing is subject to your agreement with the payment processor, as it may be modified. As a condition of using the payment services you must provide accurate and complete information, and you authorize the company to share this information with the payment processor.
Supporting quotations
Payment processors may charge you fees for your purchases made through Temu. Such processing fees will be disclosed to you via Temu.
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.
Charges & Financial Obligations · User right or choice
You may be entitled to returns and refunds under a separate policy
The company assists with customer service involving payment, return, refund and other areas relating to your purchase. For all products purchased on Temu you may be entitled to a return and refund, and for details you are pointed to the Return and Refund Policy, whose instructions you should follow to request a refund. You acknowledge that the company may issue a refund in accordance with that policy.
Supporting quotations
We assist you with customer services support involving payment, return, refund and other areas in connection with your purchase of products.
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.
Not stated here
The Return and Refund Policy was not supplied, so its conditions and time limits are unknown.
Charges & Financial Obligations · Restriction or exception
Refunds may exclude customs, taxes and return shipping; title stays with you
Unless otherwise described in the Return and Refund Policy, a refund will not cover customs, taxes or any return shipping costs you incur in the refund process. You maintain title to returned products until the product arrives at the company's designated location.
Supporting quotations
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.
You maintain title of returned products until the product arrives at our designated location.
Charges & Financial Obligations · Restriction or exception
Rewards are usually discount-only, not cash; their own conditions prevail
You may receive credits, coupons, cash, gifts or other rewards by using the Services. Some rewards can only be used for discounts on or payment for eligible purchases, not all products may be eligible, and they cannot be redeemed for cash except in jurisdictions where required by law. You should read the rules for each kind of reward, and if the conditions governing a reward conflict with the Terms, the specific reward conditions prevail.
Supporting quotations
Some rewards may only be used for discounts on or payment for eligible purchases on or through the Services (but note that not all products may be eligible) and cannot be redeemed for cash, except in jurisdictions where required by law.
In the event of any inconsistency between the conditions governing the Rewards and these Terms, the specific conditions of the Rewards shall prevail.
Not stated here
The individual rules for each kind of reward were not supplied.
You may stop any time; Temu may suspend or terminate your Account for any reason
You are free to stop using the Services at any time. The company is also free to terminate or suspend your use of the Services or your Account for any reason in its discretion, including your breach of the Terms, and it has the sole right to decide whether you violate the restrictions. After termination or suspension the Terms remain enforceable against you and any unpaid amount you owe remains due.
Supporting quotations
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.
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.
If your Account is terminated, its Content and Rewards are destroyed
If your Account is terminated for any reason, all Content and Rewards associated with the Account will be destroyed and cancelled, and you are advised to try to use any remaining Rewards before termination takes effect.
Supporting quotations
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.
data: content
Not stated here
The text does not say whether the license granted over User Submissions ends at termination; Section 6.2 calls it perpetual and irrevocable.
Ownership, disclaimer and liability terms survive termination
All provisions of the Terms which by their nature should survive termination do survive, including without limitation ownership provisions, warranty disclaimers and limitations of liability.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
Services and products are provided “as is” with broad warranty disclaimers
To the fullest extent permitted by applicable law, the company disclaims all representations or warranties of any kind, express or implied, about the Services, any Content or any product offered or purchased through the Services, including warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose or non-infringement, and of the accuracy, correctness, completeness or legality of Content. No communication creates a warranty not expressly stated, and it makes no representations about product suggestions or recommendations. The section does not affect its Return and Refund Policy. Your use of the Services and products is at your own risk, and they are made available “as-is” and “as-available”, with all faults, unless expressly provided otherwise.
Supporting quotations
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
THIS SECTION 14 DOES NOT AFFECT IN ANY WAY OUR RETURN AND REFUND POLICY FOR PRODUCTS PURCHASED ON THE SERVICES.
YOUR USE OF THE SERVICES AND YOUR USE OF ANY PRODUCT OFFERED AND PURCHASED ON OR THROUGH THE SERVICES ARE AT YOUR OWN RISK.
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.
Qualifications & exceptions
To the fullest extent permitted by applicable law, unless expressly provided otherwise.
Legal Rights & Agreement Rules · Restriction or exception
Temu disclaims liability for third parties’ conduct, products and services
You acknowledge the “Temu Parties” are not liable, and you agree not to seek to hold them 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. The company disclaims all liability for products, services, information or programming provided by a third party accessible through the Services and for the quality or conduct of any third party you encounter.
Supporting quotations
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.
(2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
You assume responsibility for your use, and information may not be secure
To the fullest extent permitted by law, you assume full responsibility for your use of the Services, including your interactions with other users, and acknowledge that information you send or receive may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree the company is not responsible for loss or damage to your property or data resulting from materials you access or download from the Services.
Supporting quotations
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.
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.
Qualifications & exceptions
To the fullest extent permitted by applicable law.
purpose: security
Legal Rights & Agreement Rules · Restriction or exception
Relying on data or information from the Services is at your own risk
If you rely on any data or information obtained on or through the Services, you do so at your own risk and are solely responsible for any damage or loss resulting from your use of it.
Supporting quotations
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.
Legal Rights & Agreement Rules · Restriction or exception
Temu Parties exclude indirect and consequential damages and users’ conduct
To the fullest extent permitted by law, the “Temu Parties” are not liable under any legal theory to you or anyone else for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of data, profits, revenue or goodwill, reputational harm, business interruption or computer failure, or for your use of the Services, including inability to access them or the purchase and use of products, even if the possibility was foreseen. The disclaimer extends to failure of performance, errors, interruptions, viruses, network outages and theft, unauthorized access to or loss of records or data, and to defamatory, offensive or illegal conduct by any user. It does not apply to liability for death or personal injury caused by gross negligence, or injury caused by fraud or fraudulent misrepresentation. The limits are described as essential to the agreement.
Supporting quotations
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 TEMU PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND
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.
ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY ANY USER OF THE SERVICES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND US.
Qualifications & exceptions
To the fullest extent permitted by applicable law; exceptions for gross negligence causing death or personal injury, and for fraud.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at the greater of a month’s payments, $100 or statute
To the fullest extent permitted by law, the total aggregate amount for which the Temu Parties are liable to you may not exceed the greater of the total amount you paid the company in the one-month period before the act, omission or occurrence giving rise to the liability, $100.00, or the remedy or penalty imposed by the statute under which the claim arises. The cap does not apply to liability for death or personal injury caused by gross negligence or injury caused by fraud or fraudulent misrepresentation, and it does not remove your requirement to prove actual damages.
Supporting quotations
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT FOR WHICH THE TEMU PARTIES ARE LIABLE TO YOU EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID TO US BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; (B) $100.00; OR (C) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
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.
Qualifications & exceptions
To the fullest extent permitted by applicable law.
Legal Rights & Agreement Rules · User right or choice
Where law bars these limits they may not apply; you may have extra rights
Certain jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. If those laws apply to you, some or all of the exclusions or limitations may not apply and you might have additional rights.
Supporting quotations
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.
Qualifications & exceptions
Depends on the law that applies to you.
Legal Rights & Agreement Rules · Restriction or exception
You must indemnify Temu and related parties for third-party claims over your use
To the fullest extent permitted by law, you agree to indemnify and hold harmless the company, its parents, subsidiaries, affiliates, directors, officers, agents, employees, suppliers, licensors and partners (each a “Temu Party”) from claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising from third-party claims relating to your use of the Services including User Submissions or actions by a third party using your Account, your violation of the Terms, your violation of another party's rights including copyright, property or privacy rights or a third-party agreement, or your violation of laws. The company will attempt to notify you of a claim at your Account contact information, but failure to deliver notice does not reduce your obligations. The section survives termination of your Account, the Terms or your access.
Supporting quotations
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.
provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under these Terms
You agree that the provisions in this section will survive any termination of your Account, the Terms and/or your access to the Services.
Qualifications & exceptions
To the fullest extent permitted by applicable law.
Temu may take over the defense of indemnified claims, and you must cooperate
The company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you will fully cooperate in asserting available defenses.
Supporting quotations
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.
You get a limited, revocable license to use the Temu app on devices you control
Subject to your compliance with the Terms, the company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Temu mobile application on a device or computer you own or control solely for personal or non-commercial use. For an app from the Apple App Store, you will use it only on an Apple-branded product running iOS and as permitted by Apple's Usage Rules, and for apps from the Apple App Store or Google Play you may have additional rights such as volume purchasing or family sharing under the applicable Apple or Google terms and your settings.
Supporting quotations
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 device or computer that you own or control solely for your personal or non-commercial use.
you will only use the Apple 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.
you may have additional rights with respect to access to and use of the Application applicable to volume purchasing or via family sharing on Apple-branded Products or a shared basis within your designated family group subject to the applicable Apple or Google terms and your associated settings.
data: device
Legal Rights & Agreement Rules · Restriction or exception
App stores are not parties; you pay network and store fees, follow store terms
The availability of the app and Services depends on the third party from which you received the app license, such as the Apple App Store or Google Play Store. The Terms are between you and the company, not the app store, and the company is solely responsible for the Services, including the app, its content, maintenance, support, warranty and claims such as product liability, legal compliance or intellectual property infringement. You need wireless network access and agree to pay all fees for it and any fees and taxes charged by the app store, and your license is conditioned on complying with the app store's terms. The app store and its subsidiaries are third-party beneficiaries with the right to enforce the Terms.
Supporting quotations
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
you agree to pay all fees associated with such access. You also agree to pay all fees (if any) and applicable taxes charged by the App Store in connection with the Services, including the Application.
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.
the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce it.
data: device · purpose: third_party_services
Legal Rights & Agreement Rules · Restriction or exception
Apple App Store apps: Apple gives no support or warranty beyond a refund
For an app from the Apple App Store, the Terms are concluded between you and the company only, and the company, not Apple, is solely responsible for the app and its content, and your use must comply with the Apple App Store Terms of Service. Apple has no obligation to provide maintenance and support. If the app fails to conform to an applicable warranty you may notify Apple, which will refund the purchase price, and to the maximum extent permitted by law Apple has no other warranty obligation, with other warranty-related claims and losses being the company's responsibility. Apple is not responsible for product liability, legal or regulatory compliance, or consumer protection or privacy claims relating to the app, and the company, not Apple, is responsible for investigating and defending third-party intellectual property infringement claims. Apple and its subsidiaries are third-party beneficiaries with the right to enforce the Terms against you as they relate to your license of the app, and you must comply with applicable third-party terms.
Supporting quotations
the Terms are concluded between you and us only, and not Apple, and (ii) we, not Apple, are solely responsible for the Apple App Store Sourced Application and content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App Store Sourced Application.
you may notify Apple, and Apple will refund the purchase price for the Apple App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever
Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple App Store Sourced Application or your possession and use of the Apple App Store Sourced Application
we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the Apple App Store Sourced Application
you must comply with all applicable third-party terms of agreement when using the Apple App Store Sourced Application.
Qualifications & exceptions
Applies only to apps accessed through or downloaded from the Apple App Store.
data: device
Legal Rights & Agreement Rules · Restriction or exception
You cannot transfer the Terms, but Temu may assign them without your consent
You may not assign, delegate or transfer the Terms or your rights and obligations to anyone without the company's prior written consent, and any attempt in violation is null and void. To the extent permitted by applicable laws, the company may transfer, assign or delegate the Terms and its rights and obligations to any other person without your consent.
Supporting quotations
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
To the extent permitted by applicable laws, we may transfer, assign, or delegate these Terms and its rights and obligations hereunder to any other person without your consent.
Qualifications & exceptions
Temu’s right to assign applies to the extent permitted by applicable laws.
Legal Rights & Agreement Rules · Restriction or exception
Temu is not liable for delays or failures from causes beyond its control
The company is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including 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.
Supporting quotations
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.
Legal Rights & Agreement Rules · Context
New York law governs the Terms and disputes, consistent with the FAA
To the fullest extent permitted by applicable laws, the Terms and any dispute between you and the company are governed by the laws of the State of New York and applicable U.S. federal laws, consistent with the Federal Arbitration Act, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Supporting quotations
To the fullest extent permitted by applicable laws, these Terms and any dispute of any sort that might arise between you and us hereunder will be governed by the laws of the State of New York and applicable federal laws of the United States of America, consistent with the Federal Arbitration Act
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Qualifications & exceptions
To the fullest extent permitted by applicable laws.
Legal Rights & Agreement Rules · Restriction or exception
Court disputes outside arbitration or small claims go to New York courts
Any dispute arising out of or in connection with the Services that is not subject to arbitration or eligible for small claims action is decided exclusively by a court of competent jurisdiction in New York, New York. You consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens for, venue and jurisdiction in those courts.
Supporting quotations
Any dispute of any sort between you and us that arises out of or in connection with the Services and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in New York, New York.
You hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such courts.
Temu may notify you by email; your notices go by mail or courier to Boston
The company may give you notice by email using the latest email address you provided, which constitutes effective notice, so you are responsible for keeping your email address up to date. You may give notice to Whaleco Inc. at Suite 355, 31 St. James Avenue, Boston, Massachusetts 02116, USA, and it is deemed given when received by letter delivered by a nationally recognized overnight delivery service or first-class prepaid mail at that address.
Supporting quotations
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.
Whaleco Inc.
Suite 355, 31 St. James Avenue
Boston, Massachusetts 02116
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.
data: contacts · data: location
Legal Rights & Agreement Rules · Restriction or exception
You may not export products or Services to sanctioned places or listed persons
You undertake to use the Services and purchased products in compliance with U.S. and other export and re-export restrictions. The Services and products may not be exported or re-exported into countries or territories subject to sanctions by your country of residence or other relevant countries, or to anyone on the U.S. Treasury's SDN List or the U.S. Commerce Department's Denied Person's List or Entity List. You represent that you are not located in a U.S.-sanctioned or “terrorist supporting” country, region or territory and are not on any U.S. Government list of prohibited or restricted parties, and will not use the Services or products for any purpose prohibited by law.
Supporting quotations
the Services, including any products purchased on or through the Services, may not be exported or re-exported (a) into any countries or territories subject to sanctions by your country of residence or other relevant countries, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List
you are not located in a country, region, or territory that is subject to U.S. Government sanctions, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government 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.
or the U.S. Department of Commerce's Denied Person's List or Entity List
data: location
Legal Rights & Agreement Rules · User right or choice
California residents may report complaints to a state consumer affairs unit
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Supporting quotations
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Qualifications & exceptions
The text cites a California statute; it does not limit the notice to California residents explicitly.
data: location
Legal Rights & Agreement Rules · Context
Not responding to a breach does not waive Temu’s right to act on later breaches
The company's failure to respond to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Supporting quotations
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.
Legal Rights & Agreement Rules · Context
Severability, entire agreement, and no third-party beneficiaries but app stores
If a provision is found unenforceable or invalid it will be limited or eliminated to the minimum extent necessary and the rest remains in force, except as provided in Section 19.11. There are no intended third-party beneficiaries except as provided in Section 17, and the Terms are the final, complete and exclusive agreement on their subject matter, superseding prior discussions.
Supporting quotations
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.
Except as provided in Section 17, there are no third-party beneficiaries intended under these Terms.
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.
Translations are for convenience; the English version prevails
Translated versions of the Terms, Privacy Policy, Cookie and Similar Technologies Policy, Intellectual Property Policy or any other terms, policies, disclosures or representations on Temu are for your convenience only. If they differ from the English version, the English version always prevails and governs your relationship with the company.
Supporting quotations
The translated versions of these Terms, Privacy Policy, Cookie and Similar Technologies Policy, Intellectual Property Policy or any other terms, policies, disclosures, or representations on Temu are provided for your convenience only. If there are any discrepancies between the English version and versions in other languages, the English version shall always prevail and govern your relationship with us.
Legal Rights & Agreement Rules · User right or choice
United Kingdom users: third parties cannot enforce the Terms under the 1999 Act
A provision applies only if you are located in the United Kingdom: a third party who is not a party to the agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision, but this does not affect any right or remedy such third party has apart from that Act.
Supporting quotations
The following provision applies only if you are located in the United Kingdom: A third party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.
Qualifications & exceptions
Applies only if you are located in the United Kingdom.
data: location
Legal Rights & Agreement Rules · Restriction or exception
Most disputes go to binding arbitration in English, including older disputes
Section 19 is the Arbitration Agreement. Subject to its terms, any dispute, claim or disagreement arising out of or relating to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including disputes that arose before the effective date of the Terms, is resolved by binding arbitration in English rather than in court. Exceptions are small claims court if the claim qualifies and stays there, and court actions for equitable relief for infringement or misuse of intellectual property rights. “Dispute” also includes disputes that arose or involve facts occurring before this or any prior versions of the Terms and claims that may arise after the Terms end. The section notes that in some countries you may have additional rights or parts may not apply as required by law.
Supporting quotations
THIS SECTION 19 INCLUDES AN AGREEMENT TO ARBITRATE, WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US BE RESOLVED BY BINDING AND FINAL ARBITRATION.
IN SOME COUNTRIES YOU MAY HAVE ADDITIONAL RIGHTS AND/OR ELEMENTS OF THIS ARBITRATION AGREEMENT MAY NOT APPLY TO YOU AS REQUIRED BY LAW.
any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Services, or the Terms, including claims and disputes that arose between us before the effective date of the Terms (each, a “Dispute”) will be resolved by binding arbitration, using the English language, rather than in court
(1) you and we may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights
“Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as claims that may arise after the termination of the Terms.
Qualifications & exceptions
In some countries you may have additional rights or parts may not apply as required by law.
Before arbitration or small claims, give written notice and meet and confer
Before either party starts arbitration, or a small claims action if a party so elects, you and the company agree to personally meet and confer by phone or video to try to resolve the Dispute. The initiating party must give written notice of its intent, and the conference occurs within forty-five days after the other side receives the notice unless extended in writing. Notice to the company goes by email to a stated address or by mail to the Section 18.5 address and must include your name, phone number, mailing address and Account email if any, your counsel's details if any, and a description of the Dispute, plus a proposed date and time. Conferences are individual, multiple people cannot share one unless all agree, the conference is a condition precedent to arbitration, limitation and filing-fee deadlines are tolled meanwhile, and failing to appear without notice or extenuating circumstances counts as not participating in good faith.
Supporting quotations
before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement
which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties in writing.
Notice to us that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to dispute@temu.com, or by regular mail to the applicable address set forth in Section 18.5.
(1) your name, telephone number, mailing address, email address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
Failure to appear for the Informal Dispute Resolution Conference without prior notice or extenuating circumstances will be deemed a failure to participate in good faith.
Legal Rights & Agreement Rules · Restriction or exception
You and Temu waive court and jury trial, except for the listed exceptions
You and the company waive constitutional and statutory rights to sue in court and have a trial in front of a judge or jury and instead elect that all Disputes be resolved by arbitration under the Arbitration Agreement, except as specified in Section 19.1. There is no judge or jury in arbitration, and court review of an award is very limited.
Supporting quotations
YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.
except as specified in Section 19.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Legal Rights & Agreement Rules · Restriction or exception
Class, collective, representative and mass actions are waived
Except as specified in Section 19.9, each of you and the company may bring claims only on an individual basis, not on a class, representative or collective basis, and the parties waive all rights to have any dispute brought, heard, administered, resolved or arbitrated on a class, collective, representative or mass action basis. Only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other. The arbitrator may award declaratory or injunctive relief only in favor of the individual party and only as needed for that party's individual claim. If a final, unappealable decision finds these limits invalid as to a particular claim, such as a request for public injunctive relief, that claim alone is severed from arbitration and may be litigated only in the courts under Section 18.4, with other Disputes arbitrated or litigated in small claims court. The section does not prevent participation in a class-wide settlement.
Supporting quotations
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS.
ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim.
that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated only in the courts provided for under Section 18.4.
This subsection does not prevent you or us from participating in a class-wide settlement of claims.
YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 19.9
Qualifications & exceptions
Except as specified in Section 19.9, which is the Batch Arbitration section.
Arbitration is run by the AAA under its Consumer Rules and the FAA
The Terms evidence a transaction involving interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement and any arbitration. If informal dispute resolution does not resolve the Dispute satisfactorily within sixty days after receipt of Notice, either party may finally resolve it by binding arbitration conducted by the American Arbitration Association under its rules, including Consumer Arbitration Rules, unless law requires otherwise. Proceedings may be filed where you live or in New York, New York, in-person hearings are at a location reasonably convenient to both parties, and if the AAA is unavailable the parties select an alternative forum. Your responsibility to pay AAA fees and costs is solely as set forth in the applicable AAA rules.
Supporting quotations
the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.
If the informal dispute resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of Notice, you and we agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
The arbitration will be conducted by American Arbitration Association (the “AAA”), an established alternative dispute resolution provider, under its rules, including Consumer Arbitration Rules (the “AAA Rules”), then in effect, unless otherwise required by law.
For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties
Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA rules.
An arbitration demand needs a signed certification and claim details
If informal resolution fails, either party may start arbitration by sending a demand describing the nature and basis of the claim, with a personally signed certification that the informal process was completed. The Arbitration Notice must include the requesting party's contact details and account username and email, the legal claims and their factual bases, the remedy sought with a good-faith calculation of the amount in controversy in United States dollars, a statement certifying completion of informal resolution, and evidence that necessary filing fees have been paid. Counsel, if any, must be identified and must sign, certifying the notice is not for improper purposes and the claims are warranted. Unless the parties otherwise agree or the Batch Arbitration process is triggered, arbitration is conducted in the county where you reside, the arbitrator may direct a limited exchange of information, and materials exchanged are confidential except to attorneys, accountants or business advisors who agree to confidentiality. Settlement offer amounts must not be disclosed to the arbitrator until after a final decision and award.
Supporting quotations
The Party initiating arbitration must include as part of the demand a personally signed certification of compliance with the informal dispute resolution process.
(3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the informal dispute resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
Unless you and we otherwise agree, or the Batch Arbitration process discussed in Section 19.9 is triggered, the arbitration will be conducted in the county where you reside.
You and we agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors
During the arbitration, the amount of any settlement offer made by you or us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Section 19.5 says proceedings may be filed where you live or in New York, New York, while the demand text says arbitration is conducted in the county where you reside; the text does not reconcile the two.
The arbitrator is a retired judge or New York attorney from the AAA roster
The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York, selected by the parties from the AAA roster of consumer dispute arbitrators. If the parties cannot agree within thirty-five days of delivery of the Arbitration Notice, the AAA appoints the arbitrator under its rules, and if Batch Arbitration under Section 19.9 is triggered the AAA appoints the arbitrator for each batch.
Supporting quotations
The arbitrator will be either a retired judge or an attorney licensed to practice law in the State of New York, and will be selected by the parties from the AAA roster of consumer dispute arbitrators.
If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Arbitration Notice, then AAA will appoint the arbitrator in accordance with the applicable AAA rules
provided that if the Batch Arbitration process under Section 19.9 is triggered, AAA will appoint the arbitrator for each batch
The arbitrator decides most issues; courts decide class waiver, fees and more
The arbitrator has exclusive authority to resolve any Dispute, including disputes about the interpretation, application, enforceability, revocability, scope or validity of the Arbitration Agreement. Courts, not the arbitrator, decide disputes about the class and non-individualized relief waiver in Section 19.4, about payment of arbitration fees (except as Section 19.9 contemplates), about whether a condition precedent to arbitration was satisfied, and about which version of the Arbitration Agreement applies. Arbitrations are not consolidated with other matters except as Section 19.9 provides. The arbitrator may grant dispositive motions and must issue a written award and statement of decision including the calculation of any damages. The award is final and binding, and judgment may be entered in any court having jurisdiction.
Supporting quotations
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following:
(1) all Disputes arising out of or relating to Section 19.4, including any claim that all or part of Section 19.4 is unenforceable, illegal, void or voidable, or that Section 19.4 has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator
(4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.
except as expressly contemplated in Section 19.9, all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator
Legal Rights & Agreement Rules · Restriction or exception
Each side usually pays its own legal fees; fee-shifting exceptions apply
The parties bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or brought for an improper purpose, as measured by Federal Rule of Civil Procedure 11(b). If a party must go to court to compel arbitration, the party that obtains the order may collect its reasonable costs, necessary disbursements and reasonable attorneys' fees, and the prevailing party in any court action over whether a condition precedent to arbitration, including informal dispute resolution, was satisfied is entitled to recover its reasonable costs, disbursements and fees.
Supporting quotations
The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Arbitration Notice was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration.
The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the informal dispute resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
data: payment
Legal Rights & Agreement Rules · Procedure
Batch arbitration: 25 or more similar demands in 30 days are batched by 100
If 25 or more individual Arbitration Notices of a substantially similar nature are filed against the company by or with the assistance of the same law firm, group of law firms or organizations within thirty days, the AAA administers the demands in batches of 100, with a final batch for any remainder or a single batch if fewer than 100. It appoints one arbitrator per batch, administers the batches concurrently, and resolves each batch as a single consolidated arbitration with one set of filing and administrative fees per side per batch, one procedural calendar, one hearing in a place the arbitrator decides, and one final award. Awards in one batch have no precedential effect on later batches.
Supporting quotations
in the event that there are twenty-five (25) or more individual Arbitration Notices of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period, AAA shall (1) administer the arbitration demands in batches of 100 Arbitration Notices per batch
(4) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
Arbitration awards in one batch of arbitration demands shall have no precedential effect on subsequently administered batches.
Batch rules: what counts as similar, the Administrative Arbitrator, who pays
Arbitration Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. If the parties disagree on batching, the AAA appoints a sole standing Administrative Arbitrator to decide its applicability, who may set procedures to resolve disputes promptly, and the company pays that arbitrator's fees. The parties cooperate in good faith with the AAA, including by paying single filing and administrative fees per batch and possibly using a discovery special master and an expedited calendar. The provision is not to be read as authorizing class, collective or mass arbitration or joint or consolidated claims, except as it expressly sets out.
Supporting quotations
Arbitration Notices are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.
AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”).
The Administrative Arbitrator’s fees shall be paid by us.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
Legal Rights & Agreement Rules · User right or choice
You can opt out of arbitration within 30 days of first becoming subject to it
You may opt out of the Arbitration Agreement by sending written notice to the applicable Section 18.5 address within thirty days after first becoming subject to it. The notice must include your name and address, the email address you used to set up your Account if you have one, and an unequivocal statement that you want to opt out. If you opt out, all other parts of the Terms continue to apply, and opting out has no effect on any other arbitration agreement you have or may enter with the company.
Supporting quotations
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the applicable address set forth in Section 18.5, within thirty (30) days after first becoming subject to this Arbitration Agreement.
Your notice must include your name and address, the email address you used to set up your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.
If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Qualifications & exceptions
The 30 days run from when you first become subject to the Arbitration Agreement; the upfront notice refers to 30 days from the effective date.
Legal Rights & Agreement Rules · Restriction or exception
Invalid parts are severed, Section 19.9 is essential, claims must be timely
If any part of the Arbitration Agreement is found invalid or unenforceable, that part is severed and the rest continues, except that if Section 19.9 is found invalid or unenforceable to any extent, you agree the entire Arbitration Agreement is of no force and effect. You also agree that any Dispute must be initiated via arbitration within the applicable statute of limitation or be forever time barred, and that statutes of limitation apply to the arbitration as they would in court.
Supporting quotations
if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
if Section 19.9 is found under the law to be invalid or unenforceable to any extent, then you agree that the entire Arbitration Agreement shall be of no force and effect.
any Dispute that you have with us as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred.
Qualifications & exceptions
The phrase “Except as provided in Section 19.9” limits the general severability rule.
Legal Rights & Agreement Rules · Procedure
Arbitration changes: notice, a 30-day right to reject, no new opt-out
If the company makes a future material change to the Arbitration Agreement it will notify you. Unless you reject the change within thirty days of it becoming effective by writing to the Section 18.5 address, your continued use of the Services, including accepting products and services, after posting constitutes acceptance. Changes do not give a new opportunity to opt out if you previously agreed to a version of the Terms and did not validly opt out. If you reject a change and were already bound by an agreement to arbitrate Disputes, the Arbitration Agreement as of the date you first accepted the Terms (or any subsequent change) remains in effect, and the company will continue to honor valid opt-outs from a prior version.
Supporting quotations
if we make any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to us at the applicable address set forth in Section 18.5, your continued use of the Services, including the acceptance of products and services offered on or through the Services, following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.
Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of the Terms and did not validly opt out of arbitration.
We will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of the Terms.
Contact Temu via the website’s Contact us page or the app’s support menu
For feedback, requests or complaints about use of the Services, contact Temu customer service through the “Contact us” page linked in the website footer if you use the website, or the “Customer support” section of the “You” menu at the bottom of the app's home page if you use the app. For legal questions or concerns the Terms point to a web form.
Supporting quotations
If you have any feedback, request or complaint in connection with your use of the Services, please contact us using the following channels:
if you are using a Temu website, please contact Temu customer service via the “Contact us” page linked in the website footer; or
if you are using a Temu application, please contact Temu customer service via the “Customer support” section in the “You” menu at the bottom of the home page.
If you have any legal questions or concerns, please contact us through this web form.
Not stated here
The web form for legal questions is a link that was not supplied.