{"service":{"name":"AliExpress","url":"https://rule.alibaba.com/rule/detail/2041.htm","lang":"ENG","sector":"Shopping","hq":"China","hq_category":"Other","is_public":"Public","is_paid":"Optionally paid","date":"30.04.2021"},"document":{"title":"","text":"Terms of Use\nPart A:  New version - effective as of April 30, 2021\n \nPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!\n \nWelcome to www.alibaba.com and www.aliexpress.com!  These Terms of Use describe the terms and conditions applicable\nto your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made\navailable by Alibaba.com (defined below) from time to time which relate to (a) the Alibaba e-commerce platform including\nbut not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator\n“www.alibaba.com” and the mobile applications of the Alibaba.com e-commerce platform (the “Alibaba Sites”); and (b) the\nAliExpress e-commerce platform including but not limited to the web and mobile-optimized versions of the websites\nidentified by the uniform resource locators “www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” (“AliExpress\nSites”), and the mobile applications of the AliExpress e-commerce platforms,(with Alibaba.com Sites and AliExpress Sites\ncollectively the “Sites”).  This document is a legally binding agreement between you as the user(s) of the Sites (referred to as\n“you”, “your” or “User” hereinafter) and the Alibaba.com contracting entity determined in accordance with clause 2.1 below\n(referred to as “we”, “our” or “Alibaba.com” hereinafter).\n \nApplication and Acceptance of the Terms\n \n1.1 Your access to and use of the Sites and Alibaba.com’s services, software and products through the Sites, which shall\ninclude the platforms described in clause 7.1 of the Terms (such services, software and products collectively referred to as\nthe “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the  Privacy\nPolicy  (defined in clause 3.3 below), the  Product Listing Policy  and any other rules and policies of the Sites that\nAlibaba.com may publish from time to time.  This document and such other rules and policies of the Sites are collectively\nreferred to below as the “Terms”.  By accessing and use of the Sites and Services, you agree to accept and be bound by the\nTerms.  Please do not access or use the Services or the Sites if you do not accept all of the Terms.  \n\n \n1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a\nbinding contract with Alibaba.com, or (b) you are not permitted to receive any Services under the laws of Hong Kong or\nother countries/regions including the country/region in which you are resident or from which you access and use the Services\nand the Sites.\n \n1.3 Alibaba.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites.  By\ncontinuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.\n\n \n1.4 If Alibaba.com has posted or provided a translation of the English language version of the Terms, you agree that the\ntranslation is provided for convenience only and that the English language version will govern your access to and use of the\nServices or the Sites.\n\n \n1.5 You may be required to enter into separate agreement(s), whether online or offline, with Alibaba.com or our affiliate for\nany Service (or features within the Services) (each an “Additional Agreement”).  If there is any conflict or inconsistency\nbetween the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in\nrelation to that Service (or feature within the Service) concerned.   \n\n \n1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Alibaba.com.    \n \n\nProvision of Services\n \n2.1    If you are a registered member of any of the Sites, and you are from mainland China, you are contracting with\nHangzhou Alibaba Advertising Co., Ltd.\n \nIf you are a registered member of any of the Sites, and you are from Hong Kong or Macau, the Alibaba.com contracting\nentity that you are contracting with is Alibaba.com Hong Kong Limited.  \n \nIf you are a registered member of any of the Sites, and either (a) you are from a place outside mainland China, Hong Kong,\nMacau; or (b) you  access and use the Alibaba Sites from any of the Relevant Jurisdictions, you are contracting with\nAlibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).\n  As some or part of the Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate\nsome of the Services to its affiliates.\n \nNotwithstanding anything to the contrary in the forgoing provisions in this clause 2.1, if you are a registered member of\nAliExpress, and you are resident in or access and use the AliExpress Sites from any of the Relevant Jurisdictions (the\n“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress Russia Holding Private Limited (incorporated\nin Singapore with Company Reg. No. 201917627W). “Relevant Jurisdictions” shall mean the Russian Federation,\nAzerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.\n \n2.2 You must register as a member on the Sites in order to access and use some Services. Further, Alibaba.com reserves the\nright, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying\nUsers, or subject to other conditions that Alibaba.com may impose in our discretion. \n \n2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation\nis given that a particular Service or feature or function thereof or the same type and extent of the Service or features and\nfunctions thereof will be available for Users. Alibaba.com may in our sole discretion limit, deny or create different levels of\naccess to and use of any Services (or any features within the Services) with respect to different Users.\n \n2.4 Alibaba.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within\nthe Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely\naffect the ability of such paying Users to enjoy that Service, except in respect of any AliExpress Relevant Jurisdiction Users.\nIn respect of any AliExpress Relevant Jurisdiction Users, AliExpress Russia Holding Private Limited may launch, change,\nupgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice\nexcept that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying\nUsers to enjoy that Service.\n \n2.5 Some Services (or part thereof) may be provided by Alibaba.com’s affiliates on behalf of Alibaba.com.\n \n2.6 Promotion Services provided by Alibaba.com pursuant to the terms hereunder shall include: 1) Top Ranking and\nSponsored Listing; 2) services that benefit, promote, support, whether directly or indirectly, the business of User, the User’s\nbrand, product, store, logo, trademark, service mark, User Content (as defined in clause 3.7 of the Terms) and/or derivative\nwork using the User Content on software, applications, tools, browser extensions and/or platforms operated and/or controlled\nby Alibaba.com (“Alibaba Channels”) and/or on software, applications, channels, platforms, websites and/or any other\nforms of media that are operated and/or controlled by third parties (“Third Party Channels”); and 3) any such other\nservices as may be announced by Alibaba.com from time to time.\n\nAlibaba.com shall be entitled to, at its sole discretion, determine whether the Promotion Services or any part thereof will be\navailable to you.  \n \n3. Users Generally\n \n3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws\nand regulations when accessing or using the Sites or Services.\n \n3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any\ninformation, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the\nSites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the\npurposes of operating a business that competes with Alibaba.com, or otherwise commercially exploiting the Site Content.\nSystematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation,\ndatabase or directory (whether through robots, spiders, automatic devices or manual processes) without written permission\nfrom Alibaba.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the\nTerms is prohibited.\n \n3.3 You must read the following documents which govern the protection and use of personal information about Users in the\npossession of Alibaba.com and our affiliates:\na) for Users who access or use Sites relating to the Alibaba e-commerce platform, the Alibaba.com Privacy Policy, and\nb) for Users who access or use Sites relating to the  AliExpress  e-commerce  platforms, the  Aliexpress.com\nPrivacy Policy, Privacy Policy of www.aliexpress.ru or the “www.tmall.ru”  (collectively, the “Privacy Policy”).\n3.4 Alibaba.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in\nthe form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned\nto read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that\nAlibaba.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible\nor liable to anyone for such web sites, or any content, products or services made available on or through such web sites.\n \n3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Alibaba.com\nand/or any other User nor to gain unauthorized access to such computer systems or networks.\n \n3.6 You agree not to undertake any action which may undermine the integrity of Alibaba.com’s feedback system, such as\nleaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated\nnegative feedback for another User.\n \n3.7 By posting or displaying any logos, trademarks, service marks, brands, description/information in the product listings,\nand any other information, content or material   on the Sites (any of such information, content or material, collectively\nreferred to as“User Content”) or providing any User Content to Alibaba.com and/or its affiliates and their respective\nrepresentative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-\nfree, and sub-licensable (through multiple tiers) license to Alibaba.com and/or its affiliates and their respective\nrepresentative(s) to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, edit, translate, create derivative\nworks using the User Content, remove any part of it (including, without limitation, the watermark or mark the User Content\nbears), and otherwise use any or all of the User Content in any form, media, or technology now known or not currently\nknown in any manner, on the Sites, Alibaba Channels and/or Third Party Channels and for any purpose which may be\nbeneficial, whether directly or indirectly, to Alibaba.com, the operation of the Sites, the provision of any Services and\nPromotion Services and/or the business of the User.  You confirm and warrant to Alibaba.com that you have all the rights,\npower and authority necessary to grant the above license and the User Content and use of such User Content (including\nderivative works) by Alibaba.com and/or its affiliates under such license is free from any infringement or violation of any\nThird Party Rights (as defined in clause 5.4 of the Terms). To the maximum extent permitted by law, you waive your right to\n\nenforce your Intellectual Property Rights in the User Content against Alibaba.com and/or its affiliates, assignees or sub-\nlicensees in connection with use of such User Content in connection with the Services. Information that is protected under\ndata protection laws will only be used and kept in compliance with those laws.\n \n4. Member Accounts\n \n4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”\nbelow). Except with Alibaba.com’s approval, one User may only register one member account on the Sites. Alibaba.com\nmay cancel or terminate a User’s member account if Alibaba.com has reasons to suspect that the User has concurrently\nregistered or is in control of two or more member accounts. Further, Alibaba.com may reject User’s application for\nregistration for any reason.\n \n4.2 Upon registration on the Sites, Alibaba.com shall assign an account and issue a member ID and password (the latter shall\nbe chosen by a registered User during registration) to each registered User. An account may have a web-based email account\nwith limited storage space for the Member to send or receive emails.\n \n4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for\nmaintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur\nunder your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of\nyour Member account, ID or password by another person, even to other individuals within the Member’s own business entity\n(where applicable). Member agrees to notify Alibaba.com immediately if you become aware of any unauthorized use of your\npassword or your account or any other breach of security of your account.\n \n4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without\nlimitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing\nto or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have\nbeen authorized by the Member.\n \n4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your\nbusiness entity to use your account (collectively, \"multiple use\"), may cause irreparable harm to Alibaba.com or other Users\nof the Sites. Member shall indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives against\nany loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.\nMember also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your\naccount, Alibaba.com shall not be liable for any loss or damages arising from such a breach and shall have the right to\nsuspend or terminate Member’s account without liability to the Member.\n \n5. Member’s Responsibilities\n \n5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the\nlicense and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for\nbusiness purposes only; and (c) for Members who are business entities, the address you provide when registering is the\nprincipal place of business of your business entity.  For purposes of this provision, a branch or liaison office will not be\nconsidered a separate entity and your principal place of business will be deemed to be that of your head office. \n5.2 Member will be required to provide information or material about your entity, business or products/services as part of the\nregistration process on the Sites for your access to and use of any Service or the member account.  Each Member represents,\nwarrants and agrees that (a) such information and material whether submitted during the registration process or thereafter\nthroughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will\n\nmaintain and promptly amend all information and material to keep it true, accurate, current and complete.\n \n5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and\nauthorize Alibaba.com and our affiliates to share the contact information with other Users or otherwise use your\npersonal information in accordance with the Privacy Policy. \n \n5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third\nparty licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you\nsubmit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any\nother personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to\nsell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User\nContent and such sale, trade, distribution or export or offer does not violate any Third Party Right；and (d) neither the\nMember nor any of its related persons, have been banned or removed from any major e-commerce platforms, or otherwise\nimplicated in selling counterfeit or pirated products online. \n \n5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:\na) be true, accurate, complete and lawful;\nb) not be false, misleading or deceptive;\nc) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually\nexplicit or harmful to minors;\nd) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality,\ndisability, sexual orientation or age;\ne) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements\nf) not violate any applicable laws and regulations (including without limitation those governing export control, consumer\nprotection, unfair competition,  price gouging  or false advertising) or promote any activities which may violate any\napplicable laws and regulations;\ng) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.\n \n5.6 Each Member further represents, warrants and agrees that you shall/are:\na) carry on your activities on the Sites in compliance with any applicable laws and regulations;\nb) conduct your business transactions with other users of the Sites in good faith;\nc) carry on your activities in accordance with the Terms and any applicable Additional Agreements;\nd) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of\nstolen credit/debit cards);\ne) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;\nf) not engage in spamming or phishing;\ng) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence,\ngive rise to civil liability, etc) or encourage or abet any unlawful activities;\nh) not involve attempts to copy, reproduce, exploit or expropriate Alibaba.com’s various proprietary directories, databases\nand listings;\ni) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with,\nintercepting or expropriating any software or hardware system, data or personal information;\nj) not involve any scheme to undermine the integrity of the data, systems or networks used by Alibaba.com and/or any user\nof the Sites or gain unauthorized access to such data, systems or networks;\nk) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing\npersons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud\nsanctions of any governmental, international or regulatory entities; and\nl) not engage in any activities that would otherwise create any liability for Alibaba.com or our affiliates.\n \n5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to\nAlibaba.com’s e-commerce marketplace business.\n \n\n5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary\nconsents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact\ndetails and information, reference letters and comments on their behalf; and (c) that third parties may contact such business\nreferees to support claims or statements made about you. You further warrant and agree that all reference letters and\ncomments are true and accurate and third parties may contact the business referees without the need to obtain your consent.\n \n5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and\ncooperation necessary for Alibaba.com’s provision of the Services, evaluating whether Member has breached the Terms\nand/or handling any complaint against the Member.   If Member’s failure to do so results in delay in, or suspension or\ntermination of, the provision of any Service,  Alibaba.com shall not be obliged to extend the relevant service period nor be\nliable for any loss or damages arising out of or in connection with such delay, suspension or termination.\n \n5.10 Member acknowledges and agrees that Alibaba.com reserves the right to, but shall not be required to actively monitor\nor exercise any editorial control whatsoever over the content of any message or material or information (including User\nContent) created, obtained or accessible through the Services or Sites. Alibaba.com does not endorse, verify or otherwise\ncertify the contents of any comments or other material or information (including User Content) created, submitted, posted,\ndisplayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications\nand may be held legally liable or accountable for the content of their comments or other material or information\n \n5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives\nfor business use and not for individual consumers or for personal use.\n \n5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations\nin its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.\n \n5.13 Each Member represents, warrants and agrees that \n(a)     you and your affiliates shall comply with applicable laws and regulations in conducting your respective business\n(including without limitation applicable laws and regulations with respect to product safety, intellectual property rights, data\nprivacy, consumer protection, product or regulatory certification, import and export control, unfair competition, price\ngouging, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering).\n(b)     you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted or\nproposed to be enacted by any country, international organization or jurisdiction (\"Relevant Subjects\");\n(c)          you and your affiliates are not offering products or services that would likely trigger any international trade\nrestrictions, sanctions or other legal restrictions by any Relevant Subjects;\n(d)     neither you, or any of your parent companies or affiliates, directly or indirectly, deals with, or provides any funds,\ngoods or services to Relevant Subjects;\n(e)     you will at all times comply with all applicable export control and sanctions laws and regulations with regard to\nproducts, services, software and technologies in using the Services, including sanctions resolutions, laws and regulations\nenacted and enforced by the UN Security Council, the People's Republic of China, the United States of America, and any\nother country; \n(f)  If you and your affiliates are a Seller of products which require a warning under California Health & Safety Code Section\n25249.6 (a \"Proposition 65 Warning”) you (a) will promptly display a Proposition 65 Warning on the product detail page as\nrequired under the relevant law; (b) authorize Alibaba.com to display a Proposition 65 Warning on your behalf; and (c) will\nonly revise or remove a Proposition 65 Warning for a product when the prior warning needs to be modified or is no longer\nlegally required, as the case may be; and\n(g) You and your affiliates are responsible for your products compliance with the laws and regulations of the country/region\nof destination, including with relevant labor laws and standards. If a product is not permitted in one or more markets, Sites\n\nreserve the right to remove the product listing from, OR STOP THE SALE OF ANY SUCH PRODUCT IN, those markets.\nIf, at any time, you fail to meet any of the above requirements, you should stop using the Services immediately. If\nAlibaba.com reasonably believes that any of your conduct violates or threatens to violate any applicable laws and\nregulations, Alibaba.com may, at its sole discretion, at any time take action as it may deem appropriate in light of the\ncircumstances, including, but not limited to, terminating the provision of Services to you, closing relevant purchase orders,\nand terminating your accounts, while reserving all rights it may have regarding any non-compliant actions or conduct of its\nmembers.\n \n6. Breaches by Members\n \n6.1 Alibaba.com reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part)\nthat you submit to, post or display on the Sites which we reasonably believe (i) violates any applicable laws and regulations,\n(ii) violates the Terms hereunder, (iii) could subject Alibaba.com or our affiliates to liability, (iv) infringes any Third Party\nRights, (v) could harm the interests of our Members, third party or Alibaba.com or our affiliates, or (vi) is otherwise found\ninappropriate in Alibaba.com’s sole discretion.\n \n6.2 If any Member breaches any Terms, or if Alibaba.com has reasonable grounds to believe that a Member is in breach of\nany Terms, Alibaba.com shall have the right to take such disciplinary actions as it deems appropriate, including without\nlimitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such\naccount by Alibaba.com in its sole discretion without liability for any losses or damages arising out of or in connection with\nsuch suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or\ncurrent or future use of any Service; (iii) removing any product listings or other User Content that the Member has\nsubmitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member\nmay post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as\nAlibaba.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as\nAlibaba.com may deem necessary or appropriate in its sole discretion.\n \n6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the\nTerms in any of the following circumstances:\na) upon complaint or claim from any third party, Alibaba.com has reasonable grounds to believe that such Member has\nwillfully or materially failed to perform your contract with such third party including without limitation where a Member\nwho supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party\nafter receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and\ndescriptions outlined in your contract with such third party,\nb) Alibaba.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or\nmisleading information in any transaction with a counter party,\nc) Alibaba.com has reasonable grounds to suspect that any information provided by the Member is not current or complete\nor is untrue, inaccurate, or misleading, or\nd) Alibaba.com believes that the Member’s actions may cause financial loss or legal liability to Alibaba.com or our affiliates\nor any other Users.\n \n6.4 Alibaba.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies,\nprivate investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further,\nto the extent permitted by applicable laws and policies, Alibaba.com may disclose the Member's identity, contact information\nand/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by\na government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.\n Alibaba.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any\naction or claim against Alibaba.com for such disclosure.\n \n6.5 Alibaba.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the\nMember’s use of any Service or the Sites without being liable to the Member if Alibaba.com has received notice that the\n\nMember is in breach of any agreement or undertaking with any affiliate of Alibaba.com including without limitation Taobao,\nAlipay, China Yahoo! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities.\nAlibaba.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the\nMember.\n \n6.6 Each Member agrees to indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives and to\nhold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis)\nwhich may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or\nServices, or from your breach of the Terms or any Additional Agreements.\n \n6.7 Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to you or anyone else for any\nUser Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading,\ninaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material\nrests entirely with the Member. Alibaba.com reserves the right, at our own expense, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with\nAlibaba.com in asserting any available defenses.\n \n7. Transactions Between Buyers and Sellers\n \n7.1 Through the Sites, Alibaba.com provides electronic web-based platforms for exchanging information between buyers\nand sellers of products and services.   Alibaba.com additionally provides electronic web-based transaction platforms for\nMembers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the\nSites subject to the terms of the  Transaction Services Agreement.   However, for any Services, Alibaba.com does not\nrepresent either the seller or the buyer in specific transactions. Alibaba.com does not control and is not liable or responsible\nfor the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the\nsellers to complete a sale or the ability of buyers to complete a purchase.\n \n7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com\nuses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a\npaying membership service on the Sites.  However, because user verification on the Internet is difficult, Alibaba.com cannot\nand does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to\nuse various means, as well as common sense, to evaluate with whom you are dealing.\n \n7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale\ntransactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services\nshall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity\nrelating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include,\nbut are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure\nto meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-\ncalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation,\nexport, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may\nviolate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in\nconnection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are\nentitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party\nRights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or\nother  third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or\nServices. All of the foregoing risks are referred to as \"Transaction Risks\". Alibaba.com is not liable or responsible for any\ndamages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a\nresult of or in connection with any Transaction Risks.\n \n\n7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the\ntransactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms\nregarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation\nand storage, subject to any additional obligations imposed under the Transaction Services Agreement  (and in particular,\nclause 3.2).\n \n7.5 User agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with\nyour transactions conducted on, through or as a result of use of the Sites or Services.  Alibaba.com has the right to suspend\nor terminate any User’s account if the User fails to provide the required information and materials without liability for any\nlosses or damages arising out of or in connection with such suspension or termination.\n7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify\nAlibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings,\ncosts, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising\nout of or in connection with such dispute or the transaction.\n \n8. Limitation of Liability\n \n8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ALIBABA.COM ON OR\nTHROUGH THE SITES ARE PROVIDED \"AS IS\", \"AS AVAILABLE\" AND “WITH ALL FAULTS”, AND\nALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,\nPERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR\nPURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY\nEXCLUDED.\n \n8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR\nWARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,\nCOMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;\nALIBABA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,\nDISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR\nDISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ALIBABA.COM MAKES\nNO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE\nOFFERED OR DISPLAYED ON THE SITES.\n \n8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and\nrisk and each User is solely responsible for any damage to its own or to Alibaba.com’s computer system(s) or any loss of\ndata that may result from the download of any such material. No advice or information, whether oral or written, obtained by\nany User from Alibaba.com or through or from the Sites shall create any warranty not expressly stated herein.\n \n8.4 The Sites may make available to User services or products provided by independent third parties.   No warranty or\nrepresentation is made with regard to such services or products.  In no event shall Alibaba.com or our affiliates be held liable\nfor any such services or products.\n \n8.5 Each User hereby agrees to indemnify and hold Alibaba.com, our affiliates, directors, officers and employees harmless,\nfrom any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's\naccess to or use of the Sites or Services (including but not limited to the submission, posting or display of such User's\ninformation and User Content on the Sites, Alibaba Channels or Third Party Channels under Promotion Services) or from\nyour breach of any of the representations, warranties hereunder and the terms and conditions of the Terms. Each User hereby\nfurther agrees to indemnify and hold Alibaba.com, our affiliates, directors, officers and employees harmless, from any and\n\nall losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of\nany representations and warranties made by User to Alibaba.com, including but not limited to those set forth in clause 5\nhereunder.  \n \n8.6 Each User hereby further agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees\nharmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may\narise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to\nthe User Content, information and/or products offered or displayed on the Sites. Each User hereby further agrees that\nAlibaba.com is not responsible and shall have no liability to you, for any material posted by others, including defamatory,\noffensive or illicit material and that the risk of damages from such material rests entirely with each User. Alibaba.com\nreserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to\nindemnification by you, in which event you shall cooperate with Alibaba.com in asserting any available defenses.\n \n8.7 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any\ndamages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of\ninformation), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the\nfollowing:\na) the use or the inability to use the Sites or Services;\nb) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party\nthrough the Sites or Services;\nc) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer,\ndisplay, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may\nviolate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or\nindemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;\nd) unauthorized access by third parties to data or private information of any User;\ne) statements or conduct of any User of the Sites or Services; or;\nf) any matters relating to the Sites or Services, however arising, including negligence.\n \n8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents,\naffiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or\nuse of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has\npaid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the\nmaximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User\nto prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the\ndate the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.\n \n8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law\nand shall apply whether or not Alibaba.com has been advised of or should have been aware of the possibility of any such\nlosses arising.\n \n9. Force Majeure\n \n9.1  Alibaba.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from\nthe unavailability, inconvenience or failures of the services or systems due to the following reasons: (i) system shut-down for\nmaintenance; (ii) inability to transmit data due to failures in communications terminals or telecommunications equipment;\n(iii) systems failure and inability to perform its functions) due to force majeure events including but not limited to typhoons,\nearthquakes, tsunamis, floods, power failure, fires, storms, war, political unrest, labour strikes, shortage of labor or materials,\nriots, insurrections, civil disturbances, terrorist attack, explosions, acts of God, governmental actions, orders of domestic or\nforeign courts or tribunals, non-performance of third parties; or (iv) suspension or delay of services or systems failure due to\nreasons beyond the reasonable control of Alibaba.com such as hacker or cyber attacks, technical adjustments or failure of the\ntelecommunications department, website upgrades, third party problems or any suspension or disruption of transportation or\nbusiness operation (including but not limited to delays or disruption of the resumption of work or operation ordered by any\ngovernment agency) in the event of a national or regional spread of epidemic or pandemic.\n\n \n10. Intellectual Property Rights\n \n10.1 Alibaba.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The\nSites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and\nother laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Alibaba.com,\nour affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Alibaba.com are hereby\nreserved.\n \n10.2 \"ALIBABA\", \"ALIBABA.COM\", “ALIEXPRESS” and related icons and logos are registered trademarks or\ntrademarks or service marks of Alibaba Group Holding Limited; in the Relevant Jurisdictions, “ALIEXPRESS”,\n“АЛИЭКСПРЕСС” and related icons and logos are registered trademarks or trademarks or service marks of AliExpress\nRussia Holding Private Limited, and the “TMALL” trademark is licensed to AliExpress Russia Holding Private Limited; and\n“GOLD SUPPLIER”, \"TRUSTPASS\" and related icons and logos are registered trademarks or trademarks or service marks\nof Alibaba.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark\nand other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly\nprohibited.\n \n10.3 Alibaba.com may have independent third parties involved in the provision of the Sites or Services (e.g., the\nauthentication and verification service providers).  You may not use any trademark, service mark or logo of such independent\nthird parties without prior written approval from such parties.\n \n10.4 To the largest extent permissible under applicable law, all rights, title and interest to all derivative work created by\nAlibaba.com and/or its affiliates using User Content pursuant to the Terms shall belong to Alibaba.com, which may be freely\nassignable, licensable or grantable by Alibaba.com to any third party or its affiliates.\n \n11. Notices\n \n11.1 All legal notices or demands to or upon Alibaba.com (other than AliExpress Russia Holding Pte Ltd.) shall be made in\nwriting and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: Alibaba.com\nHong Kong Limited/Alibaba.com Singapore E-Commerce Private Limited/Hangzhou Alibaba Advertising Co. Ltd (as the\ncase maybe), 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal Department. All\nlegal notices or demands to or upon AliExpress Russia Holding Private Limited (relating to AliExpress Sites) shall be made\nin writing and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: AliExpress\nRussia Holding Private Limited,  51 Bras Basah Road, #04-08 Lazada One, Singapore 189554, Attn: Legal Department. The\nnotices shall be effective when they are received by Alibaba.com in any of the above-mentioned manner.\n \n11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified\nmail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Alibaba.com, or\nby posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall\nbe deemed to be received by such User if and when:\na) Alibaba.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such\nUser, or\nb) immediately upon Alibaba.com posting such notice on an area of the Sites that is publicly accessible without charge.\n \n\n11.3 You agree that all agreements, notices, demands, disclosures and other communications that Alibaba.com sends to you\nelectronically will satisfy any legal requirement that such communication should be in writing.\n \n12. General Provisions\n \n12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Alibaba.com with\nrespect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the\nsame subject matter herein.\n \n12.2 Alibaba.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or\nfranchiser-franchisee relationship is intended or created by the Terms.\n \n12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining\nprovisions shall remain valid and be enforced.\n \n12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such\nclause.\n \n12.5 Alibaba.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not\nconstitute a waiver of that right nor a waiver of Alibaba.com’s right to act with respect to subsequent or similar breaches.\n \n12.6 Alibaba.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and\nobligations and duties in the Terms to any person or entity (including any affiliates of Alibaba.com). You may not assign, in\nwhole or part, the Terms to any person or entity.\n \n12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA\n(“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO\nPARAGRAPH 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE YUHANG BASIC PEOPLE’S COURT OF HANGZHOU, PRC.   IF YOUR CONTRACT IS\nWITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE\nLIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL\nADMINISTRATIVE REGION (\"HONG KONG\") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS;\nAND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE\nHONG KONG COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW. IF YOUR\nCONTRACT IS WITH ALIEXPRESS RUSSIA HOLDING PTE LTD., THIS AGREEMENT SHALL BE GOVERNED BY\nLAWS OF THE RUSSIAN FEDERATION (\"RUSSIA\") WITHOUT REGARD TO ITS CONFLICT OF LAW\nPROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE COURTS OF RUSSIA, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE\nLAW. \n \n12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line\n(https://helppage.aliexpress.com/buyercenter/selectTopic.htm \nfor \nAliExpress \nor \nhttps://service.alibaba.com/buyer?\nspm=a2700.8293689.0.0.643f65aasdVUJy&tracelog=footer_hp_buyer  for Alibaba.com) with any such feedback or\nquestions.\n \n \n\n \n \n \n \n \n \n \n \nPart B:  Old version - effective as of May 6th, 2020\n \nPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!\n \nWelcome to www.alibaba.com and www.aliexpress.com!  These Terms of Use describe the terms and conditions applicable\nto your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or made\navailable by Alibaba.com (defined below) from time to time which relate to (a) the Alibaba e-commerce platform including\nbut not limited to the web and mobile-optimized versions of the websites identified by the uniform resource locator\n“www.alibaba.com” and the mobile applications of the Alibaba.com e-commerce platform (the “Alibaba Sites”); and (b) the\nAliExpress e-commerce platform including but not limited to the web and mobile-optimized versions of the websites\nidentified by the uniform resource locators “www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” (“AliExpress\nSites”), and the mobile applications of the AliExpress e-commerce platforms,(with Alibaba.com Sites and AliExpress Sites\ncollectively the “Sites”).  This document is a legally binding agreement between you as the user(s) of the Sites (referred to as\n“you”, “your” or “User” hereinafter) and the Alibaba.com contracting entity determined in accordance with clause 2.1 below\n(referred to as “we”, “our” or “Alibaba.com” hereinafter).\n \nApplication and Acceptance of the Terms\n \n1.1 Your access to and use of the Sites and Alibaba.com’s services, software and products through the Sites, which shall\ninclude the platforms described in clause 7.1 of the Terms (such services, software and products collectively referred to as\nthe “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy\n(defined in clause 3.3 below), the Product Listing Policy and any other rules and policies of the Sites that Alibaba.com may\npublish from time to time.   The Promotion Services referred to in the  Free Membership Agreement  shall include Top\nRanking and Sponsored Listing and any such other Services as may be announced by Alibaba.com from time to time. This\ndocument and such other rules and policies of the Sites are collectively referred to below as the “Terms”.  By accessing and\nuse of the Sites and Services, you agree to accept and be bound by the Terms.  Please do not access or use the Services or the\nSites if you do not accept all of the Terms.  \n \n1.2 You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a\nbinding contract with Alibaba.com, or (b) you are not permitted to receive any Services under the laws of Hong Kong or\nother countries / regions including the country / region in which you are resident or from which you access and use the\nServices and the Sites.\n \n1.3 Alibaba.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites.  By\ncontinuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you.\n \n\n1.4 If Alibaba.com has posted or provided a translation of the English language version of the Terms, you agree that the\ntranslation is provided for convenience only and that the English language version will govern your access to and use of the\nServices or the Sites.\n \n1.5 You may be required to enter into separate agreement(s), whether online or offline, with Alibaba.com or our affiliate for\nany Service (or features within the Services) (each an “Additional Agreement”).  If there is any conflict or inconsistency\nbetween the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in\nrelation to that Service (or feature within the Service) concerned.   \n \n1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Alibaba.com.    \n \nProvision of Services\n \n2.1    If you are a registered member of any of the Sites, and you are from mainland China, you are contracting with\nHangzhou Alibaba Advertising Co., Ltd.\n \nIf you are a registered member of any of the Sites, and you are from Hong Kong or Macau, the Alibaba.com contracting\nentity that you are contracting with is Alibaba.com Hong Kong Limited.  \n \nIf you are a registered member of any of the Sites, and either (a) you are from a place outside mainland China, Hong Kong,\nMacau; or (b) you  access and use the Alibaba Sites from any of the Relevant Jurisdictions, you are contracting with\nAlibaba.com Singapore E-Commerce Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).\n  As some or part of the Services may be supported and provided by affiliates of Alibaba.com, Alibaba.com may delegate\nsome of the Services to its affiliates.\n \nNotwithstanding anything to the contrary in the forgoing provisions in this clause 2.1, if you are a registered member of\nAliExpress, and you are resident in or access and use the AliExpress Sites from any of the Relevant Jurisdictions (the\n“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress Russia Holding Private Limited (incorporated\nin Singapore with Company Reg. No. 201917627W). “Relevant Jurisdictions” shall mean the Russian Federation,\nAzerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.\n \n2.2 You must register as a member on the Sites in order to access and use some Services. Further, Alibaba.com reserves the\nright, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying\nUsers, or subject to other conditions that Alibaba.com may impose in our discretion. \n \n2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation\nis given that a particular Service or feature or function thereof or the same type and extent of the Service or features and\nfunctions thereof will be available for Users. Alibaba.com may in our sole discretion limit, deny or create different levels of\naccess to and use of any Services (or any features within the Services) with respect to different Users.\n \n2.4 Alibaba.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within\nthe Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely\naffect the ability of such paying Users to enjoy that Service, except in respect of any AliExpress Relevant Jurisdiction Users.\nIn respect of any AliExpress Relevant Jurisdiction Users, AliExpress Russia Holding Private Limited may launch, change,\nupgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice\nexcept that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying\n\nUsers to enjoy that Service.\n \n2.5 Some Services (or part thereof) may be provided by Alibaba.com’s affiliates on behalf of Alibaba.com.\n \nUsers Generally\n \n3.1 As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws\nand regulations when accessing or using the Sites or Services.\n \n3.2 You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any\ninformation, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the\nSites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the\npurposes of operating a business that competes with Alibaba.com, or otherwise commercially exploiting the Site Content.\nSystematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation,\ndatabase or directory (whether through robots, spiders, automatic devices or manual processes) without written permission\nfrom Alibaba.com is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the\nTerms is prohibited.\n \n3.3 You must read the following documents which govern the protection and use of personal information about Users in the\npossession of Alibaba.com and our affiliates:\na) for Users who access or use Sites relating to the Alibaba e-commerce platform, the Alibaba.com Privacy Policy, and\nb) for Users who access or use Sites relating to the AliExpress e-commerce platforms, the Aliexpress.com Privacy Policy, or\nthe Privacy Policy of “www.aliexpress.ru” and “www.tmall.ru”  (collectively, the “Privacy Policy”).\n \n3.4 Alibaba.com may allow Users to access to content, products or services offered by third parties through hyperlinks (in\nthe form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned\nto read such web sites' terms and conditions and/or privacy policies before using the Sites. You acknowledge that\nAlibaba.com has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible\nor liable to anyone for such web sites, or any content, products or services made available on or through such web sites.\n \n3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of Alibaba.com\nand/or any other User nor to gain unauthorized access to such computer systems or networks.\n \n3.6 You agree not to undertake any action which may undermine the integrity of Alibaba.com’s feedback system, such as\nleaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated\nnegative feedback for another User.\n \n3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User\nContent to Alibaba.com or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable,\nperpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Alibaba.com to display, transmit,\ndistribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the\nUser Content in any form, media, or technology now known or not currently known in any manner and for any purpose\nwhich may be beneficial to Alibaba.com, the operation of the Sites, the provision of any Services and/or the business of the\nUser. You confirm and warrant to Alibaba.com that you have all the rights, power and authority necessary to grant the above\nlicense. Information that is protected under data protection laws will only be used and kept in compliance with those laws.\n \nMember Accounts\n \n\n4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”\nbelow). Except with Alibaba.com’s approval, one User may only register one member account on the Sites. Alibaba.com\nmay cancel or terminate a User’s member account if Alibaba.com has reasons to suspect that the User has concurrently\nregistered or is in control of two or more member accounts. Further, Alibaba.com may reject User’s application for\nregistration for any reason.\n \n4.2 Upon registration on the Sites, Alibaba.com shall assign an account and issue a member ID and password (the latter shall\nbe chosen by a registered User during registration) to each registered User. An account may have a web-based email account\nwith limited storage space for the Member to send or receive emails.\n \n4.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for\nmaintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur\nunder your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of\nyour Member account, ID or password by another person, even to other individuals within the Member’s own business entity\n(where applicable). Member agrees to notify Alibaba.com immediately if you become aware of any unauthorized use of your\npassword or your account or any other breach of security of your account.\n \n4.4 Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without\nlimitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing\nto or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have\nbeen authorized by the Member.\n \n4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your\nbusiness entity to use your account (collectively, \"multiple use\"), may cause irreparable harm to Alibaba.com or other Users\nof the Sites. Member shall indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives against\nany loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account.\nMember also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your\naccount, Alibaba.com shall not be liable for any loss or damages arising from such a breach and shall have the right to\nsuspend or terminate Member’s account without liability to the Member.\n \n5. Member’s Responsibilities\n \n5.1 Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the\nlicense and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for\nbusiness purposes only; and (c) for Members who are business entities, the address you provide when registering is the\nprincipal place of business of your business entity.  For purposes of this provision, a branch or liaison office will not be\nconsidered a separate entity and your principal place of business will be deemed to be that of your head office. \n \n5.2 Member will be required to provide information or material about your entity, business or products/services as part of the\nregistration process on the Sites for your access to and use of any Service or the member account.  Each Member represents,\nwarrants and agrees that (a) such information and material whether submitted during the registration process or thereafter\nthroughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will\nmaintain and promptly amend all information and material to keep it true, accurate, current and complete.\n \n5.3 Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and\nauthorize Alibaba.com and our affiliates to share the contact information with other Users or otherwise use your\npersonal information in accordance with the Privacy Policy. \n \n\n5.4 Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third\nparty licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you\nsubmit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any\nother personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell,\ntrade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content\nand such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are\nnot the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international\norganization or jurisdiction.\n \n5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:\na) be true, accurate, complete and lawful;\nb) not be false, misleading or deceptive;\nc) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually\nexplicit or harmful to minors;\nd) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality,\ndisability, sexual orientation or age;\ne) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements\nf) not violate any applicable laws and regulations (including without limitation those governing export control, consumer\nprotection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and\nregulations;\ng) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.\n \n5.6 Each Member further represents, warrants and agrees that you shall/are:\na) carry on your activities on the Sites in compliance with any applicable laws and regulations;\nb) conduct your business transactions with other users of the Sites in good faith;\nc) carry on your activities in accordance with the Terms and any applicable Additional Agreements;\nd) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of\nstolen credit/debit cards);\ne) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;\nf) not engage in spamming or phishing;\ng) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence,\ngive rise to civil liability, etc) or encourage or abet any unlawful activities;\nh) not involve attempts to copy, reproduce, exploit or expropriate Alibaba.com’s various proprietary directories, databases\nand listings;\ni) not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with,\nintercepting or expropriating any software or hardware system, data or personal information;\nj) not involve any scheme to undermine the integrity of the data, systems or networks used by Alibaba.com and/or any user\nof the Sites or gain unauthorized access to such data, systems or networks;\nk) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing\npersons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud\nsanctions of any governmental, international or regulatory entities; and\nl) not engage in any activities that would otherwise create any liability for Alibaba.com or our affiliates.\n \n5.7 Member may not use the Sites, Services or member account to engage in activities which are identical or similar to\nAlibaba.com’s e-commerce marketplace business.\n \n5.8 If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary\nconsents, approvals and waivers from such referee to (a) act as your business referee; (b) post and publish their contact\ndetails and information, reference letters and comments on their behalf; and (c) that third parties may contact such business\nreferees to support claims or statements made about you. You further warrant and agree that all reference letters and\ncomments are true and accurate and third parties may contact the business referees without the need to obtain your consent.\n \n\n5.9 Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and\ncooperation necessary for Alibaba.com’s provision of the Services, evaluating whether Member has breached the Terms\nand/or handling any complaint against the Member.   If Member’s failure to do so results in delay in, or suspension or\ntermination of, the provision of any Service,  Alibaba.com shall not be obliged to extend the relevant service period nor be\nliable for any loss or damages arising out of or in connection with such delay, suspension or termination.\n \n5.10 Member acknowledges and agrees that Alibaba.com reserves the right to, but shall not be required to actively monitor\nor exercise any editorial control whatsoever over the content of any message or material or information (including User\nContent) created, obtained or accessible through the Services or Sites. Alibaba.com does not endorse, verify or otherwise\ncertify the contents of any comments or other material or information (including User Content) created, submitted, posted,\ndisplayed or otherwise made by any Member. Each Member is solely responsible for the contents of their communications\nand may be held legally liable or accountable for the content of their comments or other material or information\n \n5.11 Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives\nfor business use and not for individual consumers or for personal use.\n \n5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations\nin its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.\n \n6. Breaches by Members\n6.1 Alibaba.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to,\npost or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Alibaba.com or our\naffiliates to liability, or is otherwise found inappropriate in Alibaba.com’s sole discretion.\n \n6.2 If any Member breaches any Terms, or if Alibaba.com has reasonable grounds to believe that a Member is in breach of\nany Terms, Alibaba.com shall have the right to take such disciplinary actions as it deems appropriate, including without\nlimitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such\naccount by Alibaba.com in its sole discretion without liability for any losses or damages arising out of or in connection with\nsuch suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or\ncurrent or future use of any Service; (iii) removing any product listings or other User Content that the Member has\nsubmitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member\nmay post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as\nAlibaba.com may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as\nAlibaba.com may deem necessary or appropriate in its sole discretion.\n \n6.3 Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the\nTerms in any of the following circumstances:\na) upon complaint or claim from any third party, Alibaba.com has reasonable grounds to believe that such Member has\nwillfully or materially failed to perform your contract with such third party including without limitation where a Member\nwho supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party\nafter receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and\ndescriptions outlined in your contract with such third party,\nb) Alibaba.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or\nmisleading information in any transaction with a counter party,\nc) Alibaba.com has reasonable grounds to suspect that any information provided by the Member is not current or complete\nor is untrue, inaccurate, or misleading, or\nd) Alibaba.com believes that the Member’s actions may cause financial loss or legal liability to Alibaba.com or our affiliates\nor any other Users.\n \n\n6.4 Alibaba.com reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies,\nprivate investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further,\nto the extent permitted by applicable laws and policies, Alibaba.com may disclose the Member's identity, contact information\nand/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by\na government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action.\n Alibaba.com shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any\naction or claim against Alibaba.com for such disclosure.\n \n6.5 Alibaba.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the\nMember’s use of any Service or the Sites without being liable to the Member if Alibaba.com has received notice that the\nMember is in breach of any agreement or undertaking with any affiliate of Alibaba.com including without limitation Taobao,\nAlipay, China Yahoo! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities.\nAlibaba.com reserves the right to, but shall not be required to investigate such breach or request confirmation from the\nMember.\n \n6.6 Each Member agrees to indemnify Alibaba.com, our affiliates, directors, employees, agents and representatives and to\nhold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis)\nwhich may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or\nServices, or from your breach of the Terms or any Additional Agreements.\n \n6.7 Each Member further agrees that Alibaba.com is not responsible, and shall have no liability to you or anyone else for any\nUser Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading,\ninaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material\nrests entirely with the Member. Alibaba.com reserves the right, at our own expense, to assume the exclusive defense and\ncontrol of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with\nAlibaba.com in asserting any available defenses.\n \n7. Transactions Between Buyers and Sellers\n7.1 Through the Sites, Alibaba.com provides electronic web-based platforms for exchanging information between buyers\nand sellers of products and services.   Alibaba.com additionally provides electronic web-based transaction platforms for\nMembers to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the\nSites subject to the terms of the  Transaction Services Agreement.   However, for any Services, Alibaba.com does not\nrepresent either the seller or the buyer in specific transactions. Alibaba.com does not control and is not liable or responsible\nfor the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the\nsellers to complete a sale or the ability of buyers to complete a purchase.\n \n7.2 Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Alibaba.com\nuses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a\npaying membership service on the Sites.  However, because user verification on the Internet is difficult, Alibaba.com cannot\nand does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to\nuse various means, as well as common sense, to evaluate with whom you are dealing.\n \n7.3 Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale\ntransactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services\nshall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity\nrelating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include,\nbut are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure\nto meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-\ncalculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation,\nexport, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may\nviolate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in\nconnection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are\n\nentitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party\nRights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or\nother  third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or\nServices. All of the foregoing risks are referred to as \"Transaction Risks\". Alibaba.com is not liable or responsible for any\ndamages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a\nresult of or in connection with any Transaction Risks.\n \n7.4 Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the\ntransactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms\nregarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation\nand storage, subject to any additional obligations imposed under the Transaction Services Agreement  (and in particular,\nclause 3.2).\n \n7.5 User agrees to provide all information and materials as may be reasonably required by Alibaba.com in connection with\nyour transactions conducted on, through or as a result of use of the Sites or Services.  Alibaba.com has the right to suspend\nor terminate any User’s account if the User fails to provide the required information and materials without liability for any\nlosses or damages arising out of or in connection with such suspension or termination.\n7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify\nAlibaba.com (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings,\ncosts, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising\nout of or in connection with such dispute or the transaction.\n \n8. Limitation of Liability\n8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY ALIBABA.COM ON OR\nTHROUGH THE SITES ARE PROVIDED \"AS IS\", \"AS AVAILABLE\" AND “WITH ALL FAULTS”, AND\nALIBABA.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,\nINCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY,\nPERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR\nPURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY\nEXCLUDED.\n \n8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR\nWARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,\nCOMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES;\nALIBABA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,\nDISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR\nDISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND ALIBABA.COM MAKES\nNO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE\nOFFERED OR DISPLAYED ON THE SITES.\n \n8.3 Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and\nrisk and each User is solely responsible for any damage to its own or to Alibaba.com’s computer system(s) or any loss of\ndata that may result from the download of any such material. No advice or information, whether oral or written, obtained by\nany User from Alibaba.com or through or from the Sites shall create any warranty not expressly stated herein.\n \n8.4 The Sites may make available to User services or products provided by independent third parties.   No warranty or\nrepresentation is made with regard to such services or products.  In no event shall Alibaba.com or our affiliates be held liable\nfor any such services or products.\n \n\n8.5 Each User hereby agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees harmless,\nfrom any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's\naccess to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or\nfrom your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save\nAlibaba.com, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities\n(including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties\nmade by User to Alibaba.com, including but not limited to those set forth in clause 5 hereunder.  \n \n8.6 Each User hereby further agrees to indemnify and save Alibaba.com, our affiliates, directors, officers and employees\nharmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may\narise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to\nproducts offered or displayed on the Sites. Each User hereby further agrees that Alibaba.com is not responsible and shall\nhave no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk\nof damages from such material rests entirely with each User. Alibaba.com reserves the right, at our own expense, to assume\nthe exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall\ncooperate with Alibaba.com in asserting any available defenses.\n \n8.7 Alibaba.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any\ndamages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of\ninformation), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the\nfollowing:\na) the use or the inability to use the Sites or Services;\nb) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party\nthrough the Sites or Services;\nc) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer,\ndisplay, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services may\nviolate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or\nindemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;\nd) unauthorized access by third parties to data or private information of any User;\ne) statements or conduct of any User of the Sites or Services; or;\nf) any matters relating to the Sites or Services, however arising, including negligence.\n \n8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of Alibaba.com, our employees, agents,\naffiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or\nuse of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has\npaid to Alibaba.com in exchange for the access to or use of the Site or Services during the calendar year and (b) the\nmaximum amount permitted under the applicable law. The preceding sentence shall not preclude the requirement by the User\nto prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the\ndate the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.\n \n8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law\nand shall apply whether or not Alibaba.com has been advised of or should have been aware of the possibility of any such\nlosses arising.\n \n9. Force Majeure\n9.1  Under no circumstances shall Alibaba.com be held liable for any delay or failure or disruption of the content or the\nServices accessed or delivered through the Sites or the creation or fulfilment of contracts resulting directly or indirectly from\nacts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer,\ntelecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections,\ncivil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions,\norders of domestic or foreign courts or tribunals, or non-performance of third parties or any suspension or disruption of\n\ntransportation or business operation (including but not limited to delays or disruption of the resumption of work or operation\nordered by any government agency) in the event of a national or regional spread of epidemic or pandemic.\n \n10. Intellectual Property Rights\n10.1 Alibaba.com is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The\nSites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and\nother laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Alibaba.com,\nour affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by Alibaba.com are hereby\nreserved.\n \n10.2 \"ALIBABA\", \"ALIBABA.COM\", “ALIEXPRESS” and related icons and logos are registered trademarks or\ntrademarks or service marks of Alibaba Group Holding Limited; in the Relevant Jurisdictions, “ALIEXPRESS”,\n“АЛИЭКСПРЕСС” and related icons and logos are registered trademarks or trademarks or service marks of AliExpress\nRussia Holding Private Limited, and the “TMALL” trademark is licensed to AliExpress Russia Holding Private Limited; and\n“GOLD SUPPLIER”, \"TRUSTPASS\" and related icons and logos are registered trademarks or trademarks or service marks\nof Alibaba.com Limited and its affiliates, in various jurisdictions and are protected under applicable copyright, trademark\nand other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly\nprohibited.\n \n10.3 Alibaba.com may have independent third parties involved in the provision of the Sites or Services (e.g., the\nauthentication and verification service providers).  You may not use any trademark, service mark or logo of such independent\nthird parties without prior written approval from such parties.\n \n11. Notices\n \n11.1 All legal notices or demands to or upon Alibaba.com (other than AliExpress Russia Holding Pte Ltd.) shall be made in\nwriting and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: Alibaba.com\nHong Kong Limited/Alibaba.com Singapore E-Commerce Private Limited/Hangzhou Alibaba Advertising Co. Ltd (as the\ncase maybe), 26/F Tower One, Times Square,1 Matheson Street, Causeway Bay, Hong Kong, Attn: Legal Department. All\nlegal notices or demands to or upon AliExpress Russia Holding Private Limited (relating to AliExpress Sites) shall be made\nin writing and sent to Alibaba.com personally, by courier or certified mail to the following entity and address: AliExpress\nRussia Holding Private Limited, 8 Shenton Way, #45-01 AXA Tower, Singapore 068811, Attn: Legal Department.  The\nnotices shall be effective when they are received by Alibaba.com in any of the above-mentioned manner.\n11.2 All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified\nmail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Alibaba.com, or\nby posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall\nbe deemed to be received by such User if and when:\na) Alibaba.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such\nUser, or\nb) immediately upon Alibaba.com posting such notice on an area of the Sites that is publicly accessible without charge.\n11.3 You agree that all agreements, notices, demands, disclosures and other communications that Alibaba.com sends to you\nelectronically will satisfy any legal requirement that such communication should be in writing.\n \n12. General Provisions\n \n\n12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Alibaba.com with\nrespect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the\nsame subject matter herein.\n \n12.2 Alibaba.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or\nfranchiser-franchisee relationship is intended or created by the Terms.\n \n12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining\nprovisions shall remain valid and be enforced.\n \n12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such\nclause.\n \n12.5 Alibaba.com’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not\nconstitute a waiver of that right nor a waiver of Alibaba.com’s right to act with respect to subsequent or similar breaches.\n \n12.6 Alibaba.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and\nobligations and duties in the Terms to any person or entity (including any affiliates of Alibaba.com). You may not assign, in\nwhole or part, the Terms to any person or entity.\n \n12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA\n(“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA ADVERTISING CO., LTD ACCORDING TO\nPARAGRAPH 2.1, AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE YUHANG BASIC PEOPLE’S COURT OF HANGZHOU, PRC.   IF YOUR CONTRACT IS\nWITH ALIBABA.COM HONG KONG LIMITED OR ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE\nLIMITED, THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL\nADMINISTRATIVE REGION (\"HONG KONG\") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS;\nAND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE\nHONG KONG COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW. IF YOUR\nCONTRACT IS WITH ALIEXPRESS RUSSIA HOLDING PTE LTD., THIS AGREEMENT SHALL BE GOVERNED BY\nLAWS OF THE RUSSIAN FEDERATION (\"RUSSIA\") WITHOUT REGARD TO ITS CONFLICT OF LAW\nPROVISIONS; AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE\nJURISDICTION OF THE COURTS OF RUSSIA, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE\nLAW. \n12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line\n(https://helppage.aliexpress.com/buyercenter/selectTopic.htm \nfor \nAliExpress \nor \nhttps://service.alibaba.com/buyer?\nspm=a2700.8293689.0.0.643f65aasdVUJy&tracelog=footer_hp_buyer  for Alibaba.com) with any such feedback or\nquestions.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":-1,"explanation":"The ToS contains a clause setting the time limit for bringing the action to court, without such ability after this period."},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":0,"explanation":"Indemnification clause is present in ToS. An indemnification clause establishes obligation for one party (the indemnifying party) to compensate the other party (the indemnified party) for specific costs and expenses arising from third-party claims or direct claims."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":-1,"explanation":"When the ToS allows for contractual rights’ transfer to another subject without user’s consent"},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":-1,"explanation":"When a company reserves a right to delete all content put in the service by the user without restrictions"},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":-1,"explanation":"ToS contains an IP license to the content put in the service by the user that neither states explicitly that it is needed to perform the service nor explains other purposes for using user's content"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":-1,"explanation":"The company reserves the exclusive right to interpret any term of the contract only by itself"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}