ADDENDUM TO THE WHATSAPP BUSINESS TERMS OF SERVICE

THIS ADDENDUM TO THE WHATSAPP BUSINESS TERMS OF SERVICE (the “Addendum”) is made by WhatsApp, supplements the WhatsApp Business Terms of Service (“WhatsApp Business ToS”), as amended from time to time, and applies to your use of the commerce features WhatsApp makes available to you. Capitalized terms used but not defined in this Addendum shall have the meanings ascribed to them in the WhatsApp Business ToS.

By clicking the “Next” button, you and the company or business that you are authorized to represent (“you” or “Company”) agree to the Addendum. If you are authorized by WhatsApp to deploy the WhatsApp Business Solution as a service provider on behalf of your clients (“Clients”), then: (a) “you,” as used in this Addendum, means Company and each Client; (b) the WhatsApp Business Terms for Service Providers and the Facebook Terms for WhatsApp Business Solution Providers between Meta and Company (“Facebook Terms for WhatsApp Business Solutions Providers”) apply; (c) Company must ensure each Client has agreed to and comply with this Addendum in accordance with the WhatsApp Business Terms for Service Providers and Facebook Terms for WhatsApp Business Solution Providers; and (d) Company agrees that Company is fully liable for all acts and omissions by each Client in connection with this Addendum and each Client’s acts and omissions will be deemed Company’s acts and omissions. If you use Customer Payments, then you further agree that the WhatsApp Merchant Terms of Service also apply to the use of Customer Payments under this Addendum.

WhatsApp’s role

For purposes of clarity: (a) WhatsApp is not a licensed financial or payment institution; (b) does not receive, transfer, process, or store any funds in connection with payments; (c) does not act as a service provider to payment processors; (d) the ability to send or receive messages with a payment is a Business Service provided by WhatsApp; and (e)WhatsApp is only enabling communication with a payment between you and your customers for various products or services offered by you, it is not a platform for the sale of goods or services.

Merchant’s role

Company acknowledges and agrees (and if Company is a BSP, will ensure each Client acknowledges and agrees): (a) that in pursuance of the WhatsApp integration and services covered under this Addendum, Company (or each Client, as the case may be) is the seller of record for the goods or services that are made available through your use of the Business Services; (b) Company (or each Client, as the case may be) will comply with all applicable tax laws and ordinances; and (c) that Company (or each Client, as the case may be) is solely responsible for all determinations, calculations, collections, withholdings, reporting, and remittance of applicable taxes, including sales and use tax, goods and services tax, value-added tax and other similar taxes, duties, fees, surcharges and additional charges for sales that result from use of the Business Services.

Without limiting any other applicable terms and conditions which apply, Company acknowledges and agrees (and if Company is a BSP, will ensure each Client acknowledges and agrees) that Company (or each Client, as the case may be): (a) is responsible for ensuring the integrity and safety of the products and services you make available via the integration contemplated under this Addendum (“Product Listing”); (b) is responsible for processing and fulfilling all orders and for all chargebacks, refunds, and unauthorized charges; (c) is responsible for any defect or non-conformity in any product or service made available via the WhatsApp integration covered under this Addendum and for complying with any recall or safety alert, or similar direction or notice, with respect to any such product or service; (d) will promptly remove any Product Listing upon issuance of any recall or safety alert, or similar direction or notice, or claim of infringement of intellectual property rights with respect to products or services listed in the relevant Product Listings; (e) will provide end users with the terms, conditions, and policies that apply to the transaction for the relevant product or service and for complying with those terms, conditions, and policies; and (f) as between Company, Client and WhatsApp, Company (or each Client, as the case may be) is responsible for displaying, keeping up to date and honoring any sales, returns, privacy policies, and all other relevant terms or information or disclosures related to the Product Listings that you may want to apply to interactions with end users or that are otherwise required by all applicable laws, rules, or regulations. Any such terms, information, or disclosures do not bind WhatsApp and must not conflict with the WhatsApp Business TOS or our other applicable terms and policies.