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1688.com / Alibaba.cn will provide services to you subject to the terms and conditions set forth below. Please read these terms carefully and comply with these terms when using the services.
Please read the 1688.com Service Terms of Hangzhou Alibaba Advertising Co., Ltd. (“Alibaba”) (this “Agreement”). The terms and conditions set forth herein shall apply to your use of various tools and services for trade and communication provided by 1688.com website (which include the domain names 1688.com, alibaba.com.cn, alibaba.cn) for use in the global business-to-business (B2B) e-markets (the “Services”).
Article 1 Acceptance of the Terms
1.1 The content of this Agreement includes the main text hereof and various rules which have been or may be published in future by 1688.com. All such rules are an integral part of this Agreement, and all have the same legal effect as the main text hereof.
1.2 Your login to the 1688.com website by whatever means and your use of the Services indicates that you have fully read, understood and agreed to accept the terms and conditions of this Agreement (collectively the “Terms”).
1.3 Alibaba has the right to amend any Terms in accordance with its businessneeds and will amend theTerms by posting the revised and restated Terms on its website without any further notice to you separately. The amended and restated Terms shall take effect upon its publication at the 1688.com website. If you disagree with such amendment, please terminate your use of the Services immediately. Otherwise, it will be deemed that you have accepted the revised and restated Terms. Inthe event of dispute arising between you and Alibaba, the latest Terms shall prevail.
Article 2 Registration
2.1 Eligible Users of the Services
You hereby acknowledge that, when you complete the registration process or otherwise use the Services by other means permitted by Alibaba, you are a person, a legal entity or any organization that has full legal capacity and the capacity for civil conducts you purport to undertake. If you do not possess the foregoing capacity, please do not use the Services; otherwise, you and your guardian shall bear all consequences arising therefrom and Alibaba shall have the right to close or permanently freeze your account and claim against you and your guardian. If you register at the 1688.com website on behalf of a company or other legal entity, you hereby represent and warrant that you have the authority to procure such company or legal entity to be bound by the Terms of this Agreement.
2.2 Account registration
2.2.1 After you fill in the information in accordance with the instructions on the registration or activation page, read and accept this Agreement and complete all the registration / activation procedures, or when you otherwise use the Services of the 1688.com website in methods permitted by Alibaba, you become bound by this Agreement. You may log in to the 1688.com website via the e-mail address and mobile phone number you have provided or confirmed as your login name or by other means recognized by Alibaba.
2.2.2 You hereby understand and agree that once you complete the registration procedures of this website and the registration is successful, you will receive your Alipay login name, which you may use to directly log in to Alipay and any websites under Alibaba Group that allow login via the Alipay login name, including Taobao Marketplace (www.taobao.com), Tmall.com platform (www.tmall.com), eTao platform (www.etao.com), Juhuasuan platform (www.juhuasuan.com) Alibaba China(www.1688.com), AliCloud platform (www.aliyun.com) and other websites / services which may be subsequently activated (collectively “Ali Websites”) without separate registration. However, if your registration is completed before March 18, 2013 or the e-mail address or mobile phone number you used for registration have been registered with or usedon other Ali Websites, the aforesaid function of Alipay login name will not be activated by default. You hereby expressly authorize 1688.com to disclose your account information to all Ali Websites and authorize all Ali Websites to use your account information upon successful registration to facilitate your use of services of Ali Websites.
2.2.3 You may set up a user name for your account provided that it does not infringe or is likely to infringe the lawful rights of others. Otherwise, Alibaba may terminate the Services provided to you and close your account. After the cancellation of your account, the relevant user name will be released to other eligible users for registration and use.
2.2.4 After completing the procedures for registration or activation, you must correctly provide and update your information following the instructions on the corresponding webpages of this website in accordance with the laws and regulations so as to ensure the information provided is true, up-to-date, complete and accurate. If there are reasonable grounds to doubt that the information you have provided is incorrect, false, outdated or incomplete, Alibaba has the right to send you an inquiry and/or a notice requesting correction and to directly delete any corresponding information until the suspension or termination of the Services (in whole or in part) provided to you without any liability, and you are solely liable for any and all resulting direct and indirect losses and adverse consequences.
Article 3 Account Security
You are solely responsible for the confidentiality of your Alipay login name, user name and password, and all activities that occur under your login name (including but not limited to, disclosure or release of information, clicking “agree” or “submit” to accept any rules or agreements online, renewing agreements or purchasing services online, etc.). You agree: (a) to immediately inform and authorize Alibaba to synchronize such information to Ali Websites in the event you discover any unauthorized use of your Alipay login name, user name and password or any other situation that constitutes a breach of the confidentiality provisions between you and Alibaba;; and (b) to correctly exit / log-out of the website at the end of each online operation session. Alibaba cannot and will not be responsible for any losses or damages incurred as a result of your failure to comply with this provision. You understand that it requires a reasonable period of time for Alibaba to take action in response to your request, and that Alibaba will not be liable in any way for the consequences that have occurred before it takes such action (including but not limited to any of your losses). Unless there are legal provisions or judicial decisions and with the consent of Alibaba, your Alipay login name, user name and password may not be assigned, bestowed or inherited in any manner (except for property rights and interests in connection with the account).
Article 4 Termination of Services
4.1 Termination of Services
4.1.1 You agree that Alibaba may terminate your service password, account (or any part thereof) or terminate your use of Services for any reason at its own discretion (including but not limited to, Alibaba believes that you have breached this Agreement or your conducts are in breach of this Agreement, both literally and substantially)., provided that Alibaba has not charged you for any fees. You agree that, if Alibaba has charged you for any fees, Alibaba’s termination of Services as described shall be based on reasonable suspicion and with prior notice to you via e-mail. You further acknowledge and agree that if Alibaba terminates the Services in accordance with this Agreement, Alibaba may immediately terminate your account or delete your account and all associated information and files, and/or prohibit your further access to such files or Services. Upon termination of the account, Alibaba is not obliged to retain any information in or in connection with the account or forward any unread or unsent messages to you or any third party. In addition, you agree that Alibaba will not assume any liability to you or any third party due to its termination of the Services provided to you.
4.1.2 You have the right to request Alibaba to terminate your account, and subject to Alibaba’s approval, your account will be terminated. In this circumstance, your contractual relationship with Alibaba based on this Agreement will be terminated. Upon termination of the account, Alibaba is not obliged to retain or disclose to you any information in the account or forward any unread or unsent message to you or any third party.
4.1.3 You understand and agree that upon termination of the contractual relationship between you and Alibaba:
a) Alibaba has the right to retain your information;
b) Alibaba reserves the right to claim against you in accordance with this Agreement, for any illegal act or breach of this Agreement and/or rules during your use of the Services; and
c) Your relationship with other users resulting from and during your use of the Services will not be terminated due to the termination of this Agreement. Such users will have the right to claim against you and you shall continue to perform your obligations as agreed.
Article 5 Cancellation of Alipay Login Name
5.1 If your account simultaneously meets all the following conditions, your Alipay login name may be cancelled and you may be prevented from logging in to any Ali Website and all the services provided by any Ali Websites to you will be terminated:
(1) Your account is not linked to a verified Alipay account;
(2) You have not logged in to this website or any other Ali Website for six (6) successive months via your e-mail address, mobile phone number or other login name and password recognized by this website; and
(3) There is no valid business that has not expired.
5.2 You acknowledge and authorize Ali Websites, that in the event you commit fraud, release or sell counterfeit or inferior products, infringe the lawful rights of others or otherwise seriously breach the rules of any Ali Websites, such Ali Website has the right to disclose such acts within the scope of the Ali Websites, in which circumstance, your Alipay login name may be cancelled, you may be prevented from logging in to any of the Ali Websites and all the services provided by Ali Websites to you will be terminated.
Article 6 Fees
Alibaba reserves the right to charge fees for the Services with a notice to you in accordance with Article 1.3. In addition, all taxes payable incurred by you in your transactions, any paid Services obtained from Alibaba or the access to Alibaba’s server and relevant expenses relating to hardware, software, communication and network services etc. shall be borne by you. Alibaba reserves the right to temporarily or permanently change or terminate all or part of the Services in the form of an announcement at its website without any further written notice.
Article 7 Services and Status of the 1688.com Platform
7.1 Through the platform services provided by Alibaba, you may publish transaction information, make inquiries about information of products and services,make decisions and carry out transaction, review other members, participate in activities organized by Alibaba and use other information and technical services provided by Alibaba.
7.2 1688.com merely provides a platform for its users to find counterparties, exchange information about products and services and obtain various services in relation to trading. Therefore, Alibaba will not be involved in any legal relationship or legal disputes arising from transactions among its users s and will not and shall not be involved in such transactions. Please note that Alibaba cannot and does not control or guarantee the authenticity, lawfulnesss and accuracy of transaction information, nor can it control or guarantee the quality, safety or lawfulness of the products under such transactions or capacity of the relevant parties for performing their obligations thereunder. Furthermore, Alibaba cannot and will not control whether parties of transactions are capable of performing their obligations thereunder. In addition, you should be aware of the risks in dealing with persons acting fraudulently. Alibaba suggests that you act carefully and use your common sense when using 1688.com .
Article 8 Rules for Using the Services
8.1 Rules regarding Your Content
8.1.1 “User Content” means anycontent provided by you during registration, posting, transactions, other public forums or via email to Alibaba or other users, including but not limited to data, text, software, music, audio, photo, images, videos, expressions or other materials. You are solely responsible for your User Content while Alibaba is merely the passive channel via which you post and publish UserContent.
8.1.2 You agree and undertake, that User Content or Products provided by you for trading on 1688.com / Alibaba.cn ( “Products” shall mean all products, rights, interests, instruments, securities, services or actions in various forms, tangible or intangible, and lawfully tradable):
a. does not contain fraudulent elements and are not involved in the sale of counterfeit or stolen items;
b. does not infringe the proprietary right, copyright, patent, trademark, trade secret or other intellectual property rights, or privacy rights or reputation of any third party;
c. does not violate any laws, regulations, rules or ordinances (including but not limited to those in relation to export control, operation subject to license, trade quota, consumer protection, unfair competition or false advertising), this Agreement and any relevant rules;
d. does not include any contents constituting defamation (including commercial defamation), illegal intimidation or illegal harassment;
e. does not include any obscene contents or child pornography;
f. does not contain any virus, Trojan house, worm, time-bomb program or other computer program that deliberately destroys, maliciously disturbs, secretly intercepts or encroaches upon any system, data or personal information;
g. does not directly or indirectly link to or contain any description of products or services which: (i) are prohibited hereunder; or (ii) you have no right to link to or use the description of. In addition, you agree not to: (i) use the Services to send any chain emails, spam or any duplicated or redundant information; (ii) use the Services to collect email addresses and other information of other persons without their consent; or (iii) use the Services to generate false email addresses or otherwise attempt to mislead other persons as to the identity of the sender or source of theinformation; and
h. in Alibaba’s opinion, is not prohibited or inappropriate to be advertised or traded through Alibaba.
8.1.3 You agree that you will not use any information for commercial purposes, including but not limited to copying anyinformation displayed at 1688.com and use the same for commercial purposes without the prior written approval of Alibaba.
8.2 Rules for Transactions
8.2.1 Adding product descriptions. Product description is the text description, illustration and/or image provided by you for display on 1688.com, which may include (a) a description of the product owned and offered by you; or (b) a description of the product you are looking for. You shall correctly classify such product descriptions. Alibaba will not be liable for the accuracy or content of any product description.
8.2.2 Negotiations on the transaction. The parties to the transactions will explicitly describe their offer and counteroffer through 1688.com and conduct mutual negotiations. Upon acceptance of an offer or counteroffer by the parties, such Alibaba members have the obligation to complete the transaction. Unless under special circumstances, for example, the user makes any material change to the description of the Products or corrects any typo after you have sent your offer or you fail to verify the identity of the user involved in a transaction, all offers and undertakings shall be irrevocable.
8.2.3 No manipulation. You agree not to collude with any associates of the counterparty or any third party who aids in deception or fraud to manipulate the result of any business negotiation with the counterparty.
8.2.4 No intervention with the transaction system. You agree not to use any device, software or routine program to or attempt to intervene with the normal operation of 1688.com or any transaction being carried out on 1688.com . You shall not take any actions that would unreasonably or disproportionately overload Alibaba’s network infrastructure.
8.2.5 Feedback on transactions. You shall not take any actions that may compromise the integrity of the feedback system, including using a secondary membership ID or any third party to input positive feedback about yourself, using a secondary membership ID or any third party to input negative feedback on other users (bombardment of feedback), or inputting negative feedback for the user’s failure to perform certain acts beyond the scope of the transaction (malicious feedback).
8.2.6 Dispute Settlement
(i) Alibaba will not be involved in any legal relationship and legal disputes arising out of transactions between users and it will not and shall not be involved in such transactions. You hereby release Alibaba (and its agents and employees) of any and all liabilities for any claims, requests and damages (actual and consequential) of whatever type and nature arising from or in connection with any dispute with one or more users or any third-party service provider you sourced through 1688.com.
(ii)Alibaba has the right to accept and mediate any dispute arising from a transaction between you and another user. In addition, it has the right to unilaterally decide at its sole discretion whether the complaint and/or claim made by other users against you is valid or not. If Alibaba finds the claim valid, you shall promptly use your own funds for compensation. Otherwise, Alibaba has the right to use the deposit paid by you (if any), deduct the corresponding amount from the fees any products or services of Alibaba and its affiliates you have paid for but not yet consumed or other funds (or interests) in any of your accounts with Ali Websites for compensation. Alibaba has no obligation to use its own funds for compensation, but in case it makes such paymenton your behlaf, you shall promptly compensate all losses suffered by Alibaba. Otherwise Alibaba has the right to deduct such corresponding funds or interests in the manner set forth above. If it is still insufficient to cover the loss suffered by Alibaba, Alibaba reserves the right to make further claims. Given that Alibaba is not a judicial authority, you fully understand and acknowledge that Alibaba has limited ability to identify evidence and handle disputes and that it only accepts and handles trade dispute upon your request, and does not guarantee that the dispute will be resolved to your satisfaction nor will it undertake any liability for such resolution. Alibaba has the right to decide whether or not to participate in dispute settlement.
(iii) Alibaba has the right to gather information from you via email and notify the other party via email of the information gathered. You have the obligation to cooperate with Alibaba, otherwise Alibaba has the right to settle the dispute in a manner unfavourable to you.
8.3 Consequences of Violating the Rules
8.3.1 If Alibaba believes that any User Content may cause any legal or moral liability to Alibaba or may cause Alibaba to lose all or part of the services from its internet service provider or other suppliers, Alibaba may take any action it deems necessary or appropriate to the User Content at its sole discretion, including but not limited to deleting such content. You hereby warrant that you have full rights, including complete copyright, in the User Content you submitted to Alibaba. You acknowledge that Alibaba has no responsibility to identify or determine which User Content submitted by you to Alibaba shall be protected and Alibaba will not be liable for the use of your User Content by other users of the Services
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8.3.2 You shall be solely liable for and hold Alibaba harmless from any damage caused to any third party due to your potential breach of such warranties.
8.3.3 Without prejudice to any other remedies, Alibaba may immediately issue you with a warning, temporarily or indefinitely suspend, terminate or cancel your membership, delete any of your existing product information and any other content displayed by you on the websites, if:(i) you breach this Agreement; (ii) Alibaba cannot verify or authenticate any information provided by you to Alibaba; or (iii) Alibaba believes your behavior may cause any legal liability to you, Alibaba’s users or any third-party service providers providing service through Alibaba or 1688.com. Without prejudice to any other remedies, if you are found to have engaged in any fraudulent activity involving 1688.com, Alibaba may suspend or close your account.
8.3.4 If any actions taken by users have been confirmed by effective legal instrument or held by Alibaba at its sole discretion as violating laws or breaching this Agreement, Alibaba has the right to disclose such illegal activities at Alibaba China website and impose penalties (including but not limited to restriction of the users’ right and termination of Services).
Article 9 License
You fully understand and agree to irrevocably grant Alibaba and its affiliates the following rights:
9.1 With respect to the content you provide, you grant Alibaba and its affiliates an exclusive, worldwide, permanent, royalty free license (which is sub-licensable at various levels) so that Alibaba and its affiliates has the right to (in whole or in part) use, reproduce, modify, adapt, publish, translate, distribute, execute and display your User Content or produce derivatives, and/or incorporate User Content in other works in any form, media or by any technology known now or developed in the future.
9.2 If you breach this Agreement or any other agreement entered into with Alibaba, Alibaba has the right to notify its affiliates (including but not limited to Alipay, Taobao, Alibaba Financial, Aliyunetc.,) by any means to request such affiliates to impose restrictions on your rights and interests, including but not limited to, requesting Alipay to pay the amount in your account to the beneficiary designated by Alibaba, requesting the affiliates to suspend or terminate the provision of all or part of the services and to make an annoucement of your breach on any website it operates or actually controls.
9.3 Likewise, if you breach any agreement with Alibaba’s affiliates which has been confirmed by the relevant affiliate, Alibaba has the right to impose such restrictions on your account as you have agreed in such agreement, including but not limited to suspending or terminating the services provided to you and announce such breach on its website. You understand and agree that Alibaba is not obliged to verify the facts with youregarding such confirmed breach or otherwise obtain your consent for such restriction or annoucements and Alibaba shall not assume any liability in such regard.
Article 10 Privacy
Notwithstanding the license provided in Article 9, Alibaba will use User Content in accordance with its privacy policy, as protection of your privacy is a basic principle of Alibaba. Terms and conditions of the privacy policy constitutes an integral part of this Agreement, therefore you must read it carefully. Please note that once you voluntarily disclose User Content within transactions at Alibaba, User Content may be accessed or used by other persons.
Article 11 Scope and Limitation of Liability
11.1 You expressly understand and agree that Alibaba shall not be liable for any damages, including but not limited to, liquidated damages for loss of profits, goodwill, use and data, or other intangible losses (whether Alibaba has been advised of the possibility of such damages or not)arising from any of the following circumstances: (i) use or inability to use the Services; (ii) fees with respect to the acquisition of any goods, samples, data, information or services through or from the Services, or the receipt of any information or conclusion of any transactions or the acquisition of substitute goods and services through or from the Services; (iii) unauthorized access or modification of your information or data transmitted; (iv) statements or conduct relating to the Services by any third party; or (v) any other matter relating to the Services however arising, including negligence.
11.2 Alibaba will use its best efforts to ensure that you will enjoy your use of 1688.com / Alibaba.cn. However, Alibaba cannot foresee all technical problems or other difficulties at all times. Such difficulties may cause data loss or other service interruptions. Therefore, you expressly understand and agree that you will individually assume the risks in using Services and that the Services are provided on an “as is” and “as available” basis. Alibaba expressly disclaims any and all warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a specific purpose and non-infringement. Alibaba does not warrant that: (i) the Services will satisfy your requirements; (ii) the Services will not be interrupted, will be timely, secure and free of any errors; (iii) the results obtained by using the Services will be accurate or reliable; or (iv) the quality of any products, services, data or other materials purchased or obtained by you through the Services will meet your expectation. Any material downloaded or otherwise obtained through use of the Service is done at your sole discretion, and you will be solely responsible for all associated risks. You shall be solely responsible for any damage to your computer system or any loss of data that results from the download of such materials. No advice or information, whether oral or written, obtained from Alibaba or through or from the Services shall create any warranty not expressly stated in this Agreement.
Article 12 Indemnity
You agree that you must indemnify in full and hold Alibaba and its subsidiaries, affiliates, branches, directors, employees and agents harmless from any loss arising from your breach of this Agreement or other documents incorporated by reference herein, or your violation of any law which infringes the lawful rights of any third party, or your violation of any law which results in administrative or criminal liability, thereby giving rise to any third party, administrative or judicial authority claim for damages or imposition of penalties (including judicial expenses and professional fees) against Alibaba and its subsidiaries, affiliates, branches, directors, employees and agents.
Article 13 Links
The Services or a third party may provide links to other websites or resources. You acknowledge and agree that Alibaba has no control over such third parties’ websites and resources, will not be responsible for the availability of such external websites or resources, does not recognize any contents, promotions, products, services or other materials obtained from or through such websites or resources, and will not be responsible or assume any responsibility for the same. You further acknowledge and agree that Alibaba will not undertake any liability for any direct or indirect losses arising from (or allegedly arising from) the use of or reliance on such contents, promotions, products, services or other materials obtained from such third party websites or resources.
Article 14 Notices
14.1 You shall fill in accurately and keep up-to-date your contact information, including email address, telephone, contact address and post code so that you may be contacted by Alibaba and other users. If you cannot be contacted through such contact information, thereby incurring any losses or additional costs to your use of the Services, such losses or costs shall be solely borne by you. You understand and agree that you are obliged to maintain the effectiveness of the contact information provided by you and in case of any modification or update thereof, you shall modify or update such information in accordance with the requirements of Alibaba.
14.2 Unless otherwise explicitly provided for, any notice between you and Alibaba shall be sent by email to ali@alibaba-inc.com (if the notice is to Alibaba), or the email address provided by you during registration (if the notice is to you), or such other address designated by the party concerned. Any notice by email shall be deemed delivered twenty-four (24) hours after the email is sent, unless the sender is informed that such email address is no longer valid. Alibaba also may send the notice by prepaid registered mail with receipt requested to the address provided by you during registration, in which case the notice shall be deemed delivered three (3) days after posting.
Article 15 Force Majeure
Alibaba shall not be liable for any delay or failure of performance hereof as a result of events beyond the reasonable control of Alibaba, including but not limited to acts of God, strikes or riots, shortages of materials or rationing, rebellion, war, governmental actions, failure of communication or other facilities, or serious casualties.
Article 16 Governing Law, Jurisdiction and General Provisions
16.1 The validity, interpretation, amendment, execution and dispute settlement of this Agreement shall be governed by the laws of the People’s Republic of China. In the absence of relevant laws and regulations, the general international business practices and/or trade practices shall apply.
16.2 The relationship between you and Alibaba is that of independent contractors only. The Agreement is not intended to establish or create any relationships of agency, partnership, joint venture, employment or special authorization.
16.3 You agree that Alibaba has the right to transfer the rights and obligations hereunder in part or in whole for the purpose of its business operation, without further notice to or consent from you.
16.4 Any dispute arising out of or relating to this Agreement or the Services shall be referred to the People’s Court for litigation in the jurisdiction where Alibaba is located.
16.5 This Agreement shall supersede any written or verbal agreements executed by and between you and Alibaba with respect to the same matter. If any provision of this Agreement are ruled as invalid or unenforceable, such provision shall be deleted, and the other Terms shall remain valid and enforced. Headings are included for reference purposes only and shall not define, limit, construe or describe the scope or extent of such provisions. Alibaba’s failure to enforce any right or failure to act with respect to any breach by you or other person shall not constitute Alibaba’s waiver to take actions against any subsequent or similar breach.
16.6 In the event of any inconsistency between the English and Chinese versions of this Agreement, the Chinese version will always prevail.
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