UPDATED AS AT JANUARY 2026

Terms of Use and Sale

Welcome!

PT Tokopedia (“Tokopedia”, “we”, “us” or “our”) provides TikTok Shop by Tokopedia ("Shop”) and Go Tokopedia ("Go”) marketplaces (each referred to as “Marketplace”) via TikTok Platform as defined below, allowing you to access, browse, make a purchase on and otherwise use the Marketplace, and providing features and services in connection with the foregoing, along with any other services we may provide from time to time (collectively, "Services"). Products offered and sold on the Marketplace may be advertised, promoted, and displayed via TikTok mobile application (“TikTok Platform”) provided by TikTok Pte. Ltd. (“TikTok”), an affiliate of Tokopedia. However, any transactions (e.g., order placement, offer, acceptance, confirmation, payment processing, product delivery and receipt, and customers support) in relation to the products will be processed and facilitated via the Marketplace.

Your use of the Marketplace is governed by:

1. the TikTok Terms of Service. Shop and Go are provided via the “Platform” as defined in the TikTok Terms of Service for the TikTok Platform and therefore Shop and Go are offered subject to the TikTok Terms of Service;

2. these Terms of Use and Sale (“Terms of Use and Sale”), which apply in addition to the TikTok Terms of Service; and

3. for Shop users, the Shop Logistic Terms.

The Terms of Use and Sale apply to Shop and Go in Indonesia.

These Terms of Use and Sale are split into two sections:

Section A: Terms of Use. The Terms of Use apply to anyone who accesses, browses, makes a purchase on or otherwise uses the Marketplace. This is a contract between you and Tokopedia; and

Section B: Terms of Sale. The Terms of Sale apply (in addition to the Terms of Use) with respect to any purchases of goods or e-vouchers (“Products”) made by buyers (“Buyers”) from third party traders on Shop (“Sellers”) or third party traders on Go ("Merchants”). This is a contract between Buyers and the relevant Seller or Merchant, as may be applicable.

By using the Marketplace (or clicking “Buy Now” or otherwise placing an order), you agree that (1) you can form a legally binding contract with Tokopedia, that you accept these Terms of Use, and Shop Logistic Terms (for Shop users) and that you will comply with them; and (2) you can form a legally binding contract with the relevant Seller or Merchant, that you accept Terms of Sale with the relevant Seller or Merchant, and that you will comply with them.

The Terms of Use will continue in force until they are terminated by either you or Tokopedia in accordance with their termination provisions.

In the event of any conflict between these Terms of Use and Sale and the TikTok Terms of Service, for the purposes of your use of or access to the Marketplace, these Terms of Use and Sale will prevail to the extent of any inconsistency.

Any capitalised terms not defined in these Terms of Use and Sale but defined in the TikTok Terms of Service have the meaning given to them in the TikTok Terms of Service.

SECTION A: TERMS OF USE

1. Information about you and your privacy

Your privacy is important to us. Please read the Shop Privacy Policy to understand how we collect, use and share information about you.

2. About the Marketplace

2.1. Who can use the Marketplace?

The Marketplace is only for people 18 years old and over. By using the Marketplace, you confirm that you are over the required minimum age. If we learn that someone under the required minimum age specified above is using the Marketplace, the user will not be able to purchase Products on the Marketplace.

If you reach or are over the required minimum age, and have a valid account with the TikTok Platform (“Account”), you can connect such Account to Shop or Go to purchase Products from Sellers on Shop or Merchants on Go.

If you are between 18 to 21 years of age, are not married or are under guardianship, by agreeing to these Terms of Use, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for:

(i) all your actions in connection with your use of your Account;

(ii) any fees or charges associated with any of your Purchases or use of your Account (as applicable);

(iii) your compliance with these Terms of Use; and

(iv) ensuring that any of your Purchases or use of your Account will not, in any event, result in any violation of applicable laws and regulations relating to child protections.

If you are between 18 to 21 years of age and you are not married, and you do not have consent from your parent(s) or legal guardian(s) and your parent(s), you must not use your Account for any Purchase.

2.2. Where is the Marketplace available?

If you purchase from Shop, you can purchase Products from a Seller on Shop and arrange with the Seller to have the Products delivered to an address in Indonesia. If you purchase from Go, you can purchase Products from a Merchant on Go and make offline redemption at Merchant offline stores or the offline stores of sub-merchants who get listed on Go by a Merchant. We may use technical measures to restrict your access to Shop or Go and you agree not to circumvent such technical measures. If you have any questions about the jurisdictions where the Marketplace is available or your access to the Marketplace, please contact us at bantuan@shop.tokopedia.com for Shop and support@go-id.tokopedia.com for Go.

2.3. Shop and Go as Marketplace

IMPORTANT: Tokopedia does not itself sell Products on Shop or Go. Tokopedia allows third parties (i.e., Sellers and Merchants) to promote and sell Products on Shop or Go. Tokopedia may facilitate the promotion, issuance, offer and sale of Products on Shop by Sellers or on Go Merchants to Buyers. Tokopedia is not, however, the party that undertakes the promotion, issuance, offer and/or sale of such Products. The Sales Contract (as defined in the Terms of Sale) is always solely between the Buyer and the Seller or the Merchant. Tokopedia is not (a) the buyer or the seller of Products; (b) a party to the Terms of Sale or responsible for the fulfilment of the Sales Contract; or (c) an agent of you or the Seller or the Merchant in connection with any Purchase. The Seller or Merchant of the Product will be shown on the Product Detail Page (as defined in the Terms of Sale) and your rights of recourse, for example in relation to refunds and cancellations, will be between you and the Seller or Merchant as provided for in the Terms of Sale. Tokopedia, as a marketplace service provider, may use commercially reasonable efforts to require Sellers or Merchants to provide accurate, authentic and updated information, but Tokopedia does not represent, guarantee or endorse any Products, information or services provided by Sellers or Merchants.

3. How to use the Marketplace

You can use your Account to make a Purchase on the Marketplace. However, you will be asked to provide certain information (“Onboarding Information”) to Tokopedia prior to your first Purchase on Shop or Go. We will use your Onboarding Information to assess whether or not you will be authorised to use the Marketplace to make a Purchase. It is a serious breach of these Terms of Use if you do not provide and maintain at all times, complete, accurate and up to date Onboarding Information.

4. Payment and Fees

4.1. Payment

Tokopedia engages with authorized payment service providers to facilitate and secure every payment transaction that takes place on Shop and Go between you and Sellers or Merchants, you and us for the Fees (as defined below). All Products purchased on Shop and Go must be paid for through any of the valid payment methods available on Shop and Go from time to time.

You agree to follow transaction procedures set out by Tokopedia. You must pay for the Product using the payment method you have selected. All payments shall be made to Tokopedia. You acknowledge that Tokopedia is entitled to collect payment from you on behalf of the Seller or Merchant and Tokopedia will then transmit the payment to the Seller or Merchant once transaction on Shop or Go is completed.

Tokopedia reserves the right to request the Buyer for additional information in order to verify payment for the Products ordered in order to ensure transaction security for the benefit of the Buyer, Seller, or Merchant and Tokopedia as the marketplace provider.

You agree that you are subject to the applicable user agreement of your payment method. We will not be liable to you for any losses suffered as a result of any breach or default by the third parties payment service providers.

Tokopedia may change, add or discontinue, temporarily or permanently a payment method. You agree that Tokopedia is entitled to take the necessary actions, such as restricting the payment method options and canceling transactions without prior notice, in the event there are indications of fraud, violations of the Terms of Use and Sale, and/or applicable laws and regulations.

Tokopedia takes no responsibility and assumes no liability for any loss or damages to Buyer arising from payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the Products purchased. We reserve the right to check whether Buyer is duly authorized to use a certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.

4.2. Fees

As part of our commitment to provide you with good experience in using Services, we may charge Buyer service fee for a successful transaction you make on the Marketplace ("Fees"), including any platform service fees that may apply from time to time. The Fees apply to You (if any) (a) is inclusive of all taxes, (b) will be indicated in Your 'checkout', 'order summary' or 'payment' page, and (c) to be paid together with the Product price in accordance with the Payment section above. We may change Fees from time to time. Please see further information available on the 'order summary' or 'user FAQ' page available in your app.

5. Shop Delivery

If you are a Shop user, you will be subject to a Shop Logistic Terms with us and PT Semangat Logistik Andalan ("Logistic Provider"), which will stipulate the terms and conditions of the delivery services you choose on Shop. By agreeing to these Terms, you agree to be bound by the Shop Logistic Terms with us and Logistic Provider. If you do not enter into the Shop Logistic Terms, then the delivery service will not be able to be provided to you.

The Buyer will be given the option to decide the delivery type for the Products delivery when you are purchasing the Products on the Shop. The delivery types are categorised based on the estimated time to deliver the Products to your address, and will be shown on the ‘order summary’ page on the Shop. The cost of delivery and the delivery time will vary depending on the delivery type selected by you.

Tokopedia is entitled to make any amendments, changes or adjustments to the delivery types made available on the Shop from time to time.

Please read the Shop Logistic Terms for further terms and conditions on the delivery of the Products.

6. Customs and Tax Policy

When any tax is chargeable on the supply, the price listed on the Marketplace will be inclusive of such applicable taxes, including but not limited to value-added tax ("VAT"), goods and services taxes, sales and service taxes, as well as customs duty and any other applicable import taxes (or, where it is not possible to provide the exact amount of such taxes or duties, you will be told that additional charges may be payable and the manner in which the price is to be calculated).

7. Rules for using the Marketplace

To use the Marketplace, you must follow the rules set out in these Terms of Use, the rules set out in the Terms of Sale, the rules set out in the TikTok Terms of Service, the rules set out in the Shop Logistic Terms (if you are a Shop user), all applicable laws and regulations, and any rules, guidance or policies that we publish or update from time to time. You must not use the Marketplace in any way which is prohibited in any of the aforesaid terms, or guidelines, policies, applicable laws and regulations above.

Acceptable Uses

In addition to the rules set out in the TikTok Terms of Service, you must not use the Marketplace for any of the following purposes or do any of the following acts:

● using the Marketplace if you are not able to form a contract which is legally binding (e.g., you are under the age in the applicable jurisdiction to form a legally binding contract for a Purchase);

● failing to pay for your Purchase unless you have legitimate grounds for such failure;

● using the Marketplace in a manner that is fraudulent, unconscionable, false, misleading or deceptive, including but not limited to abusing platform features or the rights or offerings provided on the Marketplace;

● any act or omission which is against any applicable law;

● any act which infringes the rights of any third party under applicable law;

● purchasing or seeking to purchase any Products that are prohibited or restricted;

● circumventing any technical measures (e.g., geo-blocking measures) applied by us in providing the Marketplace;

● sending spam or unsolicited marketing;

● posting false, inaccurate, misleading, deceptive, offensive, illegal, defamatory, or libelous content (including as part of a review of a Product); or

● using the Marketplace in a manner that may create a conflict of interest for you or us that undermines the purposes of the Marketplace, such as trading reviews with other users or writing or soliciting shill reviews.

8. Reviews

The Marketplace may let you post reviews about Products that you have purchased from Sellers or Merchants on the Marketplace.

You must not post a review about a Product that you have not purchased from a Seller or Merchant on the Marketplace, including where you have purchased it elsewhere.

By accepting these Terms of Use, you, when posting a review: (a) promise to us that you own or otherwise control all of the rights in the content of the review; (b) promise to us that the content of your review is accurate, is not misleading and reflects your genuinely held belief in respect of the relevant Product; and (c) grant us a non-exclusive, world-wide, royalty-free, sub-licensable, perpetual, transferable licence to reproduce, publish and translate, and to modify, analyze, exploit in any manner the content of your review (including the name that you submit with it) on the Marketplace.

We may remove reviews where they are in breach of the above requirements or any other requirements in these Terms of Use or TikTok Terms of Service.

9. Intellectual Property

Tokopedia takes the intellectual property rights of others very seriously.

We have a process by which people can report alleged infringements of intellectual property rights. You can find information about how our reporting process works in the Intellectual Property Policy for Shop and Go Intellectual Property Policy for Go

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Marketplace, you agree not to infringe intellectual property rights of any person while using the Marketplace.

As between you and Tokopedia, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, the Marketplace and all intellectual property rights related thereto (the “Marketplace Content”), are either owned or licensed by Tokopedia or any of its affiliates (including TikTok), it being understood that you or your licensors will own any User Content (as defined in Clause 9 below) you upload or transmit through the Services. Use by you of the Marketplace Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms of Use is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior express written consent. We and our licensors reserve absolutely and unconditionally all rights arising out of or in connection with the Services and the Marketplace Content not expressly granted in and to such content and materials.

Subject to these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, licence to access and use the Marketplace and the Marketplace Content, including to download the platform on a permitted device, and to access the Marketplace solely for your personal, non-commercial use and solely in compliance with these Terms of Use. Tokopedia reserves absolutely and unconditionally all rights not expressly granted herein in the Marketplace. You acknowledge and agree that Tokopedia may terminate this license at any time for any reason or no reason.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

We make no representations, warranties or guarantees, whether express or implied, that any content on the Marketplace(including the Marketplace Content) is accurate, complete or up to date. Where the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no visibility or control over the contents on or available through those sites or resources and you acknowledge and agree that we have no liability for any such content. Such links should not be interpreted as approval by us of those linked websites or information you may obtain on or through them.

10. Licences by You

Any content you post to or through the Marketplace ("User Content") is subject to the provisions of the TikTok Terms of Service. This means that, if you post any User Content on the Marketplace, you confirm and agree that you (a) own and have all title to, and rights in, the User Content (including all title to and rights in any personal data and intellectual property included in the User Content) and (b) have the right to grant the relevant and applicable licenses (and/or sub-licenses, as the case may be) below to us and our users, including all rights to any third-party material, data or intellectual property in your User Content. In addition, you confirm and agree that the User Content and your grant of the licenses (and/or sub-licenses, as the case may be) below do not and will not infringe or violate the rights (including intellectual property rights) of any person or third party. You acknowledge that the Marketplace reserves the right to remove your User Content that infringes or violates any third party rights.

You hereby irrevocably grant us, as well as our users, an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, display, perform, publish and/or transmit, and/or distribute and to authorise other users of the Marketplace and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, display, perform, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.

Waiver of Rights to User Content. By posting User Content to or through the Marketplace, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Marketplace.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to the Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your User Content at our or their sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider violating these Terms of Use, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you.

11. Your promises to us

By accepting these Terms of Use you promise to Tokopedia that:

● all information provided by you to us is accurate, complete and will be kept current;

● you will keep your Account access details confidential and acknowledge that you are responsible for Purchases made under your Account;

● you have the authority and rights to enter into these Terms of Use and perform your obligations under these Terms of Use; and

● you will comply with these Terms of Use and any guidance or policies that we publish or update from time to time.

12. What happens if you breach these Terms of Use?

If we know or reasonably suspect that you are in material or persistent breach of these Terms of Use, we may:

· impose limits on, restrict or disable the availability to the Marketplace’s platform features, or the rights or offerings provided on the Marketplace to you;

· temporarily impose limits on or restrict your access to the Marketplace;

· permanently restrict your access to the Marketplace;

· impose limits or restrict your access to other services provided by TikTok or any of its affiliates, in accordance with the TikTok Terms of Service and the Shop Logistic Terms; or

· temporarily or permanently suspend or terminate your Account, in accordance with the TikTok Terms of Service and the Shop Logistic Terms.

If we know or reasonably suspect that (i) you take any actions or make any attempts to circumvent the actions taken by us under this Clause 12 (including but not limited to creating a new Account) or (ii) another Account is connected or associated with you, we may take actions to the extent necessary to maintain the full effects of our actions as originally intended, including but not limited to taking any of the above actions on any Accounts deemed or reasonably suspected to be connected or associated with you or your Account.

13. Effects of and Rights on Termination

You may decide to terminate your Account and to end your contractual relationship with Tokopedia with respect to the Terms of Use and your access to the Services at any time by deleting your Account.

We may terminate your Account on 14 days' notice. This does not affect any rights we may have to suspend or terminate your Account under Clause 12 of these Terms of Use, under the TikTok Terms of Service or under the Shop Logistic Terms.

On termination of your Account (by you, us or otherwise), all related rights and obligations under these Terms of Use, the TikTok Terms of Service and the Shop Logistic Terms immediately terminate.

The following Clauses of these Terms of Use shall survive termination: ‎10 (Licences by You); ‎13 (Effects of and Rights on Termination); ‎14 (Liability); ‎15 (Dispute Resolution); ‎16 (Governing Law and Jurisdiction) and ‎16 (Miscellaneous Terms).

The provisions of Article 1266 of the Indonesian Civil Code are hereby waived to the extent that such waiver is necessary to enable the termination of these Terms of Use, the TikTok Terms of Service and the Shop Logistic Terms in accordance with their terms without judicial decision.

14. Liability

14.1. Liability which we cannot exclude or limit

Nothing in these Terms of Use shall exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law.

14.2. Types of loss for which we are not liable

Subject to Clause ‎14.1 of these Terms of Use, we shall not be liable to you, whether in connection with these Terms of Use or our provision (or your receipt) of the Marketplace and/or the Services, for: (i) any loss of profit (ii) any loss of goodwill; (iii) any loss of opportunity; (iv) any loss of business; (v) any business interruption; (vi) any loss of business reputation; or (vii) any indirect or consequential loss.

Tokopedia's total aggregate liability whether in contract, tort (including negligence), under any statute or otherwise under or in connection with these Terms of Use or our provision (or your receipt) of the Marketplace and/or the Services will be limited to £100 or the equivalent amount in Indonesian Rupiah.

You acknowledge and agree that, subject to Clause ‎14.1 of these Terms of Use, we shall not be liable for any liability, loss, expense (including legal fees), cost, claim or damages which may be incurred by you or any other person arising out of or in connection with: (i) any content or information submitted by users (or Sellers or Merchants) and published on the Marketplace; (ii) any acts or omissions of Sellers or Merchants; (iii) any reliance placed by you on the completeness, accuracy or existence of any advertising or Product listing; (iv) any relationship or transaction between you and any Seller or Merchant, advertiser or sponsor whose Products or advertising appears on the Marketplace (provided that we have not been made aware of the information, fact or situation causing the loss and failed to act promptly in order to remedy it); (v) your failure to provide us with accurate account information; or (vi) your failure to keep your password or account details secure and confidential.

15. Dispute Resolution

15.1. Disputes Between you and a Seller or Merchant (or between you, Sellers or Merchants, and third parties)

You and each Seller or Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. Tokopedia may facilitate communications between Sellers or Merchants and Buyers (or between Sellers or Merchants, Buyers and third parties), but is not a party to any such dispute and has no obligation to do so.

15.2. Disputes Between you and Tokopedia

If you have a complaint or dispute with us relating to the Marketplace, in the first instance (a) please contact us at bantuan@shop.tokopedia.com if you are a Shop user and support@go-id.tokopedia.com if you are a Go user, or (b) via our customer services offered and attempt to resolve the dispute with us informally. In the event we are unable to resolve the dispute informally, the dispute will be resolved pursuant to Clause ‎16 (Governing Law and Jurisdiction).

If you have any complaint, you may also reach out to the Directorate General of Consumer Protection and Trade Compliance of the Indonesian Ministry of Trade at: +62-853-1111-1010 (WhatsApp).

16. Governing Law and Jurisdiction

These Terms of Use, their subject matter and their formation, are governed by the laws of the Republic of Indonesia. Any dispute arising out of or in connection with these Terms of Use, including any question regarding existence, validity or termination of these Terms of Use, shall be referred to and finally resolved by arbitration administered by the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia - “BANI”) having its address at Wahana Graha Lt. 1 & 2, Jl. Mampang Prapatan No. 2, Jakarta 12760, in accordance with the Arbitration Rules and Procedures of BANI (“BANI Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Jakarta. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be Indonesia.

17. Miscellaneous Terms

17.1. Relationship Between the Parties

Nothing in these Terms of Use shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and Tokopedia or any Tokopedia’s affiliate.

17.2. Third Party Rights

Unless it expressly states otherwise, these Terms of Use do not give rise to any third party rights (including those provided for under applicable laws). No other person shall have any rights to enforce any of the terms in these Terms of Use and neither of us will need to get the agreement of any other person in order to end or make any changes to these Terms of Use.

17.3. Changes to these Terms of Use

We amend these Terms of Use from time to time, for instance when we update the functionality of the Marketplace, or when there are regulatory changes. You will be subject to these Terms of Use (and any relevant guidelines and policies) in force at the time you accept them in order to use the Marketplace. If you are a Buyer and purchase a Product, the Purchase will be subject to the Terms of Sale in force at the time of Purchase.

We will use commercially reasonable efforts to generally notify all Buyers of any material changes to these Terms of Use, such as through a notice on the Marketplace. We will also update the “Last Updated” date at the top of these Terms of Use, which reflect the effective date of such Terms of Use. Your continued access or use of the Marketplace after the date of the new Terms of Use constitutes your acceptance of the new Terms of Use. If you do not agree to the new Terms of Use, you must stop accessing or using the Marketplace.

17.4. Notice

We may provide notices to you under these Terms of Use by way of such as sending you an email to the email address provided by you in your Account, through in-app message or chat, or by a notice on the Marketplace.

You may provide notices to TikTok under these Terms of Use by email to bantuan@shop.tokopedia.com if you are a Shop user or support@go-id.tokopedia.com if you are a Go user.

17.5. No Waiver

Our failure to insist upon or enforce any provision of these Terms of Use (or to exercise any other right or remedy under these Terms of Use) shall not be construed as a waiver of any provision or right under these Terms of Use nor shall it prevent or restrict the further exercise of that or any other right or remedy.

17.6. Security

You are responsible for configuring your information technology, computer programs and platform to access the Marketplace. You should use your own virus protection software.

17.7. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, illegal or unenforceable then that provision shall be removed from the Terms of Use without affecting the rest of the Terms of Use, and the remaining provisions of the Terms of Use will continue to be valid and enforceable, provided that the essential provisions of these Terms of Use remain in effect.

17.8. Events outside of our control

Tokopedia will not be liable for any delay or failure to perform any of its obligations under these Terms of Use for reasons, events or other matters beyond its reasonable control.

17.9. Transferring these Terms

We may transfer these Terms of Use, our rights or obligations to anyone else provided that this does not disadvantage you. You hereby consent to the transfer by us in advance to any third party whatever the nature of such transfer, in particular whether it happens through an assignment, novation, merger, absorption, split, partial contribution of capital, transfer of all of our assets and liabilities. This transfer will enter into force at the time when we notify you thereof. You hereby agree that the transfer of these Terms of Use to a third party will result in waiving your rights against us for the future.

17.10. Language

These Terms of Use have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and the Indonesian text, the Indonesian text shall prevail and the relevant English text shall be deemed to be automatically amended to conform with and to make the relevant English text consistent with the relevant Indonesian text.

SECTION B: TERMS OF SALE

Shop and Go (each referred to as a “Marketplace”) allows buyers (“Buyers”) to purchase products (“Products”) from third party traders on Shop (“Sellers”) or from third party traders on Go ("Merchants”). The Marketplace operates as a third party marketplace for Sellers or Merchants, and Tokopedia does not itself sell Products on the Marketplace, nor is it party to any contract for the sale of Products to Buyers.

Set out below are the terms and conditions (“Terms of Sale”) that govern the sale of Products by Sellers or Merchants to you as a Buyer. Please read these Terms of Sale carefully before placing an order for a Product from a Seller on Shop or from a Merchant on Go.

Once you have a legally binding contract between you and the Seller or Merchant (as described in Clause ‎2 below), these Terms of Sale (together with any Enhanced Terms, as described in Clause ‎3 below) will become a legally binding Sales Contract (as described in Clause ‎2.3 below) between You and the Seller or Merchant. The Terms of Sale are an agreement between Sellers or Merchants and Buyers; Tokopedia is not a party to the Terms of Sale.

The Seller or Merchant that you will be purchasing a Product from via Shop or Go will be identified on the ‘product detail page’ of the relevant Product (“Product Detail Page”). All references to “Seller” or “Merchant” in these Terms of Sale mean the Seller or the Merchant that you will be purchasing a Product from on Shop or on Go.

Any capitalised terms used but not defined in these Terms of Sale are defined and have the meaning given to them in the Terms of Use.

1 Products

1.1 Product information is provided by the relevant Seller or Merchant on the Product Detail Page. You should review the information of the Products which you intend to purchase before placing an order on Shop or on Go.

1.2 Sellers or Merchants are responsible for making sure that any Product is fit for purpose and corresponds with the description it provides on the Product Detail Page, and they are responsible for complying with any refund, redemption, replacement or cancellation rights that you have under these Terms of Sale (including any Enhanced Terms (as defined in Clause ‎3)).

1.3 Merchants on Go are also responsible for obtaining necessary licenses as may be required for the e-vouchers issuance.

2 Contract for Sale

2.1 You may place an order for a Product by clicking ‘Buy Now'. Your order will be subject to these Terms of Sale (including any Enhanced Terms (as defined in Clause ‎3)).

2.2 If your order is successful, you will then receive an order acknowledgment message (via the Marketplace or any other channel as determined by Tokopedia) which contains details of your order.

2.3 The order acknowledgement is confirmation that your order has been received and that a legally binding contract between you and the Seller or Merchant has been formed based on the Terms of Sale (including any Enhanced Terms) (“Sales Contract”).

2.4 You must comply with your obligations under these Terms of Sale (including any Enhanced Terms).

3 Enhanced Terms

3.1 These Terms of Sale set out your basic rights in respect of the purchase of a Product from a Seller of a Merchant. The Seller or Merchant may, however, choose to offer certain improved rights of cancellation, return and refund (“Enhanced Terms”). Sellers or Merchants may also provide you with access to a free mediation scheme. Contact details of the relevant mediation organisation will be provided in the Enhanced Terms.

3.2 If a Seller or Merchant offers Enhanced Terms, these will be detailed on the Product Detail Page of the relevant Product and will be deemed to apply to the Terms of Sale instead of the equivalent terms set out below.

3.3 In the event of any conflict between the Enhanced Terms and the rest of the Terms of Use and Sale (including these Terms of Sale), the Enhanced Terms prevail provided such terms are an improvement to the rights provided in these Terms of Sale.

4 Purchases

4.1 If you have a right to return a Purchase or a cancellation right according to the applicable laws in Indonesia, your rights to such return or cancellation will not be affected by any Sellers' or Merchants’ rules to the contrary.

4.2 If you are a Shop user, the logistics for arranging a return of a Product and any associated fees will be as you agree with the Seller.

5 The Seller’s or Merchant’s Liability to You

5.1 If the Seller or Merchant fails to comply with these Terms of Sale, it is responsible for loss or damage you suffer that is a foreseeable result of its breach, but it is not responsible for any loss or damage that is not foreseeable, except in cases of fraud or gross misconduct. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Terms of Sale was made, both the Seller or the Merchant and you knew it might happen.

5.2 The Seller or Merchant is not permitted to exclude or limit in any way its liability to you where it would be unlawful to do so, including any mandatory provisions of local law.

6 Seller’s or Merchant’s right to cancel

6.1 The Seller or Merchant may cancel your order (and, if relevant, require the return of any Products provided to you and the Seller or Merchant will refund any amounts paid) if:

● you do not comply with your obligations under these Terms of Sale;

● you do not make any payment when it is due;

● the price listed was materially incorrect; or

● you do not, within a reasonable time of asking, provide the Seller or Merchant with information that is necessary for it to provide the Products (for example your delivery address for Shop),

● or for any other valid reason.

7 Product Ownership and Changes to Products

7.1 For Shop:

7.1.1 A Product will be your responsibility from the time the Seller delivers the Product to the address you gave the Seller for delivery. You own a Product once the Seller has received payment in full for it.

7.1.2 Although the Seller makes every effort to display the colours accurately, it cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.

7.1.3 If the Seller is making the Product to measurements or specifications you have given it, you are responsible for ensuring that these measurements and specifications are correct.

7.2 For Go:

7.2.1 A Product will be your responsibility from the time the Product in the form of e-voucher is issued to you. You own the Product once you have made payment in full for it.

7.2.2 Although the Merchant makes every effort to display the redeemable Product accurately, the actual redeemable Product may vary slightly from those images.

8 Purchase Price and Tax

8.1 The purchase price for a Product will be as set out on the Product Detail Page.

8.2 All purchase prices and delivery costs are inclusive of such applicable taxes, including but not limited to value-added tax (“VAT”), goods and services taxes, sales and service taxes, as well as customs duty and any other applicable import taxes (or, where it is not possible to provide the exact amount of such taxes or duties.

8.3 You will pay the purchase price of the Product through the payment service provider engaged by the Seller or Merchant, using a valid payment method.

9 Shop Delivery

9.1 The delivery will be made in accordance with the delivery option made available through the Shop and as selected by you when you are purchasing the Products on the Shop.

9.2 In relation to the delivery of Products, the Seller will be responsible for, among other things, the following:

● Package the Product securely and appropriately, in accordance with the Products’ type, size and fragility.

● Ensure that the Product is available to be picked-up by, or deposited to, the delivery service provider selected by you in a timely manner for further delivery to you.

● Ensure that the Products to be delivered is in accordance with the Product’s detail information shown on the ‘order summary’ page on the Shop when the buyer confirms the order.

● Ensure that the Seller will not deliver any Products that would be unsafe, illegal or non-compliant with the policies of the Shop, including any material, substance or goods which in Tokopedia’s view is hazardous or dangerous and any Products which infringe on the copyright, trademark, patent or other intellectual property rights or proprietary right of any third party.

● Pay any additional fee to the delivery services if the actual size, dimension and weight of the Product differs from the Product information set by the Seller and shown on the Product Detail Page.

Further details of Sellers responsibility related to delivery of the Products is available on Shop Academy.

10 Information About You and Your Privacy

Please note that Sellers and Merchants are independent controllers of the data that they collect about you via the Marketplace, and Tokopedia is not responsible for their compliance with applicable law.

11 Disputes Between you and the Seller or Merchant

11.1 You and each Seller or Merchant that you choose to purchase from are responsible for resolving any dispute that may arise between you. Tokopedia may facilitate communications between Sellers or Merchants and Buyers (or between Sellers/Merchants/Buyers and relevant third parties), but Tokopedia is not a party to any such dispute and has no obligation to do so.

11.2 If you have a complaint relating to a Product, you should contact the Seller or the Merchant. You may also use any alternative dispute resolution process offered by the Seller or the Merchant.

12 Governing Law and Jurisdiction

These Terms of Sale are governed by the laws of the Republic of Indonesia, and any dispute or claim including non-contractual disputes or claims arising out of or in connection with them or their subject matter or formation shall be resolved by the Indonesian court having jurisdiction in relation to the claim.

13 Miscellaneous Terms

13.1 Relationship Between the Parties: Nothing in these Terms of Sale shall create any partnership, joint venture, franchise, agency or sales representative relationship between you and the Seller or Merchant.

13.2 Third Party Rights: Unless expressly stated otherwise, these Terms of Sale do not give rise to any third party rights, no other person shall have any rights to enforce any of the terms in these Terms of Sale and neither you nor the Seller or the Merchant will need to get the agreement of any other person in order to end the Sales Contract or make any changes to the Sales Contract.

13.3 Notice: The Seller or the Merchant may provide notices to you under these Terms of Sale within 60 days of you placing an order with the Seller or the Merchant by sending you an in-app message. You may provide notices to Seller or Merchant under these Terms of Sale by sending the Seller the Merchant an in-app message.

13.4 Events beyond the Seller’s or the Merchant’s control: The Seller or Merchant will not be liable for any delay or failure to perform any of its obligations under these Terms of Sale for reasons, events or other matters beyond its reasonable control.

13.5 Communication: You agree that contract related communication including invoicing may be made in electronic form.

13.6 Language: These Terms of Sale have been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and the Indonesian text, the Indonesian text shall prevail and the relevant English text shall be deemed to be automatically amended to conform with and to make the relevant English text consistent with the relevant Indonesian text.