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Alibaba.com Global Trade Services Marketplace Rules

Article 1 Purpose

1.1 These Rules are formulated for the purpose of regulating the operating behavior of third-party service providers, safeguarding the lawful rights and interests of Users of Alibaba.com, maintaining the order of Global Trade Services Marketplace and promoting the healthy development of Global Trade Services Marketplace.

Article 2 Definition

In these Rules, the following capitalised terms shall be given their meanings as follows:

2.1 User: for the purpose of these Rules, means an entity or individual that uses the services provided by Global Trade Services Marketplace or orders commodities through Global Trade Services Marketplace.

2.2 ISV: means an entity or individual that publishes its products or services on Global Trade Services Marketplace and sells such products or services through such Global Trade Services Marketplace, also referred to as a “Service Provider”.

2.3 Commodities: for the purpose of these Rules, means products or services placed on Global Trade Services Marketplace by the ISV.

Article 3 Application of these Rules

3.1 The activities of any ISV or User on Global Trade Services Marketplace shall be governed by these Rules and these Rules are legally binding on both ISVs and the Users.

3.2 The ISV or User shall firstly read these Rules carefully and thoroughly. The ISV or User, upon his/her creation of an account through the website of Alibaba.com and utilization of any services provided by Global Trade Services Marketplace, will be deemed to have agreed to these Rules.

Article 4 Amendment to These Rules

4.1 The website www.alibaba.com (hereinafter referred to as “Alibaba.com”) has the right to amend these Rules in its sole discretion at any time for the operation of the Global Trade Services Marketplace. The amended Rules shall become effective upon being announced on Alibaba.com (where an effective date is contained in such announcement, such effective date shall prevail) and be binding on both ISVs and Users.

Article 5 ISV Admission

5.1 Where the ISV intends to access Global Trade Services Marketplace, it shall firstly register itself as a user of Alibaba.com, and agree to be bound by any agreement, rules or policy in relation to alibaba.com.

5.2 The ISV has to be an entity or individual with full and current capacity for civil conduct and with an ability to act or perform appropriate to the civil conduct performed by it. The ISV’s behavior by publishing or selling Commodities shall be in compliance with all applicable laws, regulations, rules or policies, and shall not infringe or purport to infringe upon the lawful rights and interests of others.

5.3 ISV’s Commodities shall apply to foreign trade enterprises and be helpful to operations or management of enterprises engaged in foreign trade.

5.4 The pricing and terms of Commodities sold by the ISV shall be in compliance with all applicable laws, regulations and rules as well as industry standards or practice, in compliance with market practices and shall not disrupt the market.

5.5 The ISV applying to access and publish on Global Trade Services Marketplace shall submit the following materials to Alibaba.com and by such submission, ISV warrants that all the materials submitted are true, accurate, complete, up-to-date, lawful and valid:

5.5.1 A copy of the Business License stamped with the company seal (in case of entities), or a copy of ID document with his/her own signature (in case of individuals);

5.5.2 Description of the Commodities (in the form of MRD or PRD);

5.5.3 A copy of the ID document of its legal representative or operator (in case of entities);

5.5.4 Description of the Commodity sales model;

5.5.5 Contact person and contact information;

5.5.6 Registered account at Alibaba.com;

5.5.7 The trial account for its Commodities. The ISV must also ensure that such account is continuously valid; and

5.5.8 Such other materials as may be required by Alibaba.

5.6 Alibaba.com has the right to examine the form of the materials submitted by the ISV, and has the right seek further information and to determine in its sole discretion whether such ISV meets the Alibaba admission requirements.

5.7 The ISV shall sign a technology services contract with Alibaba.com Singapore E-Commerce Private Limited.

Article 6 Account and Security

6.1 The ISV whose admission has been approved by Alibaba.com may log into Global Trade Services Marketplace with its account and password for Alibaba.com and use the services provided by Global Trade Services Marketplace.

6.2 The ISV shall keep its account and password for Alibaba.com strictly confidential and secure at all times. All operations through an ISV’s Alibaba.com account shall be regarded as the ISV’s authorised acts by Alibaba and all consequences thereof shall be assumed by the ISV.

Article 7 Information Publishing Rules

7.1 The ISV shall comply with the following rules in publishing information (including information in relation to enterprises and Commodities) on Global Trade Services Marketplace:

7.1.1 Any information published shall be in compliance with all laws, regulations, rules and policies in its form and substance, and shall be true, accurate, complete and be free from any content that is obscene, immoral, fraudulent, defamatory (including commercially defamatory), false, misleading, misused, over-committed, threatening, harassing or of a malicious or phishing nature. Information published by the ISV shall not infringe or purport to infringe on the lawful rights or interests of any third parties; and

7.1.2 The information published may not directly or indirectly link to any products or services which publishing or sale is prohibited by any laws, regulations or rules, or any entities/websites competing with Alibaba.com or their products/services (as determined by Alibaba.com in its sole discretion), or any other content that Alibaba.com deems inappropriate to be linked to;

7.1.3 No malicious computer program or virus of any kind may be included;

7.1.4 The ISV may not submit or publish the same or substantially similar products repeatedly;

7.1.5 The information published may not contain any functions affecting the Users’ browsing routes, such as pop-up ads; and

7.1.6 Transaction prices shall be consistent with those indicated in Commodity titles or elsewhere and not misleading.

7.2 The Commodity information published by the ISV on Global Trade Services Marketplace shall including the following:

7.2.1 Features and description of the Commodities;

7.2.2 In case of multiple-version Commodities, the comparison of functions between different versions shall be clearly described;

7.2.3 Description of after-sales services (including contact information for after-sales services);

7.2.4 User guide;

7.2.5 Selling format; and

7.2.6 Contact information (it is suggested that TradeManager online be included).

7.3 Alibaba.com has the right to delete any information that it suspects of violating laws or regulations, infringing on the lawful rights and interests of any party, breaching Alibaba.com agreements, rules or policies, or other information that Alibaba.com deems to be inappropriate, without notice to the ISV.

Article 8 Service Rules

8.1 The ISV shall serve Users based on the “customer first” principle.

8.2 The ISV shall promptly respond to User questions and inquiries, provide perfect after-sales services and address User complaints in a timely manner.

8.3 In the event that the ISV needs to suspend its services due to reasons such as system upgrades, computer room adjustments, or line switching, it shall announce such suspension to Users on its service webpage at Global Trade Services Marketplace at least 3 working days in advance. In such circumstances, suspension of services shall, to the greatest extent, occur at times that have the minimum impact on Users and the duration of such suspension shall be within a reasonable timeframe.

8.4 The ISV shall make its services stable and reliable, and shall give adequate compensation to Users in case of suspension of services due to instability. The suspension of services may not exceed 3 working days (inclusive) cumulatively. The successive instability of services may not exceed 1 working day (inclusive).

8.5 The Commodities sold or services provided by the ISV must be free of any problems, hazards or flaws that may endanger personal or property safety.

8.6 The ISV shall provide continuously effective services to Users who have purchased its Commodities and may not suspend such services at will. In the event that the ISV suspends the services at will or infringes on User interests, it shall address such suspension or infringement and provide reasonable solutions in a timely fashion. In the event that such solutions fail to satisfy the Users, the ISV shall give compensation to Users.

8.7 In the event that the ISV exits Global Trade Services Marketplace for any reason or certain Commodities or categories are deleted, the ISV shall, based on the principle of safeguarding User interests, provide reasonable solutions to Users who have purchased Commodities from it and are still within the service period, and shall promptly give reasonable compensation to Users if such solutions fail to satisfy such Users.

Article 9 Honest Operation

9.1 The ISV shall always act based on the principle of good faith on Global Trade Services Marketplace.

9.2 There shall be no plagiarism or infringement on copyrights by an ISV, or other conducts of unfair competition initiated by ISV(s) between ISVs.

9.3 The ISV shall be honest in all operations and may not induce, mislead or cheat Users into unreasonable consumption. The fees collected from Users shall be in compliance with all laws, regulations, rules, policies, industry practice or standards and the law of market. The ISV shall pay all taxes for Commodities it sold in accordance with the law and issue invoices as required by Users. The invoice amount shall be equal to Users’ payment and falsification of invoices is strictly forbidden whether or not consented by any User or third party.

9.4 ISVs may not collude directly or indirectly to manipulate pricing or Commodity supply or engage in any other anti-competitive behavious.

9.5 ISV shall not request, collect, solicit or otherwise obtain access to Users’ accounts, passwords or other authentication credentials on Alibaba.com. All services provided by ISV to Users shall be performed through Alibaba.com’s application interface (API). In the course of providing services to Users, in no event shall ISV directly access Users’ accounts by logging in to their accounts using User’s authentication credentials.

9.6 The ISV may not obtain others’ information by improper or unlawful means. In addition, the ISV shall take security measures for and keep strictly confidential the User information obtained via Global Trade Services Marketplace (including but not limited to contacts, contact information and transaction information, etc.) and Alibaba.com data (including but not limited to any website data obtained via the technical interface of Global Trade Services Marketplace and other channels), and may not use, disclose or allow others to use such information in an unauthorized manner. ISV shall at all times comply with all applicable personal data privacy legislation and rules. ISV shall effectively indemnify and hold harmless Alibaba and its affiliates and parent companies harmless from all claims and losses, damages, costs, expenses and other outgoings (including but not limited to legal expenses) of Alibaba which may arise from the ISV’s breach of any personal data privacy legislation and rules and any other breaches of these Rules. This indemnification obligation shall survive and remain valid notwithstanding any suspension or termination of account of ISV by/with the Platform.

Article 10 Reviews

10.1 The User may make reviews on the Commodities he/she purchased through the service center of Global Trade Services Marketplace, and the review may include ratings and comments.

10.2 Rating: (1-5 stars).

10.3 The User may give his/her comments at his/her sole discretion based on actual circumstances, provided that such comments do not contain any information that is prohibited to be published by any laws, regulations or rules, or anything that discloses others’ private information or is insulting, defamatory or infringes on others’ lawful rights and interests.

10.4 The following reviews will be regarded as malicious reviews:

10.4.1 Making unreasonable requests (such as free of charge) or seeking other benefits by threatening to give a low rating (2 stars or less, similarly hereinafter);

10.4.2 The ISV gives a low rating to its peers after purchasing their commodities.

10.5 In making a complaint against reviews (including malicious reviews), the User, the ISV or others shall lodge their complaints and provide relevant proof within 7 days of the reviews. If they fail to do so, Alibaba.com has the right to reject such complaints. Alibaba.com has the right to determine in its sole discretion whether a complaint is justified or whether to delete relevant reviews.

10.6 If Alibaba.com finds any comments containing information that is prohibited to be published by any laws, regulations or rules, or is politically sensitive information, or anything that discloses others’ private information, is insulting, defamatory or infringes on others’ lawful rights and interests, it has the right to determine in its sole discretion whether to delete or mask relevant words.

10.7 If the average rating for more than 60% of the Commodities under a certain category has been 2 stars or lower for 3 consecutive months, Alibaba.com has the right to close such category and delete all the information thereunder

Article 11 Non-compliance and Disciplinary Action

11.1 The ISV agrees that Alibaba.com has the right to determine in its sole discretion whether the ISV’s acts constitute non-compliance of these Rules. Alibaba.com has the right to require the ISV to provide evidence proving the legitimacy or compliance with these Rules of its acts within a specified period of time. If the ISV fails to do so or provides evidence that is inadequate to support its claims, Alibaba.com has the right to make an unfavorable decision against such ISV. Alibaba.com has the right to order the ISV to remedy any non-compliance with these Rules. Prior to such remedy by the ISV, Alibaba.com has the right to suspend ISV’s access to any services on Global Trade Services Marketplace and/or deduct ISV’s Security Deposit (as defined in the technology services contract between ISV and Alibaba.com Singapore E-Commerce Private Limited).

11.2 Upon the occurrence of any of the following circumstances on the part of the ISV, Alibaba.com has the right (but not the obligation) exercisable at Alibaba’s discretion to suspend any of the ISV’s activities on Global Trade Services Marketplace (including deactivating the access), delete any information published by the ISV on Global Trade Services Marketplace, deduct ISV’s Security Deposit and/or close the ISV’s Alibaba.com account:

11.2.1 The content or form of any information published by the ISV is in violation of or likely to be in violation of laws, regulations, rules or policies;

11.2.2 The ISV is in breach of Article 9.5 hereof;

11.2.3 Information published or Commodities sold are embedded with a computer virus or is of a malicious or phishing nature;

11.2.4 The ISV makes malicious reviews against other peers or Users or publishes advertisements using the reviews or messages, or falsifies or tempers with User comments/messages, or threatens any other ISV or User by any means;

11.2.5 The ISV commits other acts in violation or likely to be in violation of laws, regulations, rules and policies other than those set forth in Article 11.2.1 (including but not limited to disciplinary action rules published by Alibaba.com frm time to time).

11.3 If the ISV has cumulatively committed 3 non-compliances against these Rules other than those set forth in Article 11.2, Alibaba.com has the right (but not the obligation) exercisable at Alibaba’s discretion to suspend any of the ISV’s activities on Global Trade Services Marketplace (including deactivating the access), delete any information published by the ISV on Global Trade Services Marketplace, deduct ISV’s Security Deposit and/or close the ISV’s Alibaba.com account.

11.4 If the ISV’s Alibaba.com account is closed as a result of breaching the Alibaba.com agreements and rules, its access to Global Trade Services Marketplace will be simultaneously terminated.

Article 12 Status of Alibaba.com

12.1 Global Trade Services Marketplace on Alibaba.com is just a commodity trading platform, and the relevant information thereon is published by the ISV or User themselves. The utilization of Global Trade Services Marketplace services by the User or ISV does not mean that Alibaba.com becomes a participant to the transactions between the User and the ISV on Global Trade Services Marketplace. In respect of the aforesaid transactions, Alibaba.com makes no any express or implied warranties as to the legitimacy, validity of the acts of the ISV and the User, or to the truthfulness, legitimacy and effectiveness or fit for purpose of the Commodities, nor does it assume any liability for the losses incurred by any User or the ISV.

Article 13 Charging of Fees

13.1 Alibaba.com reserves the right to charge the ISV or the User any fees in respect of their utilization of the services provided by Global Trade Services Marketplace. Alibaba.com will amend these Rules and make an announcement on Alibaba.com when it has a fee-charging plan.

Article 14 Disclaimer and Limited Liability

14.1 Alibaba.com shall not be liable for or required to pay compensation of any nature whatsoever for any loss arising from the unavailability, inconvenience or failures of the services or systems due to the following reasons: (1) system shut-down for maintenance; (2) inability to transmit data due to failures in communications terminals or telecommunications equipment; (3) systems failure and inability to perform its functions) due to Force Majeure events including but not limited to typhoons, earthquakes, tsunamis, floods, power failure, war, political unrest, labour strikes, or terrorist attack; (4) suspension or delay of services or systems failure due to reasons beyond the reasonable control of Alibaba.com such as hacker or cyber attacks, technical adjustments or failure of the telecommunications department, website upgrades or third-party problems.

14.2 The ISV shall be solely liable for any risks or consequences arising from the development, operation and maintenance of its Commodities, and Alibaba.com has no liability or obligation to be responsible for the ISV’s release and sales of Commodities or other acts.

Article 15 Miscellaneous

15.1 Any disputes in relation to the utilization of Global Trade Services Marketplace by the User or these Rules, (and which if submitted for transaction dispute resolution pursuant to Articles 6.2 and 6.3 of the Instructions for Users of Global Trade Services Marketplace, and were not resolved),, may be submitted to the exclusive jurisdiction of the court of the Hong Kong Special Administrative Region of the People’s Republic of China for resolution through litigation.

15.2 These Rules shall become effective when published on Alibaba.com. In the event of any discrepancy between these Rules and the Instructions for Users of Global Trade Services Marketplace or any other documents concerning the Global Trade Services Marketplace, the provisions of these Rules shall always prevail. In the event of any discrepancy of these Rules between its English version and versions of any other language(s), the English version shall always prevail.

15.3 For the purpose of these Rules, “day” means a calendar day unless specified as a working day.

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