Instructions for Users of Global Trade Services Marketplace
Date: August 5, 2015
Please read these Instructions for Users carefully before selecting to purchase or utilize the services of Global Trade Services Marketplace. By selecting to purchase or utilize the services of Global Trade Services Marketplace, you will be deemed to have read, understood and accepted all the terms of these Instructions, and to have agreed to be bound by these Instructions (including updates). Alibaba.com Singapore E-Commerce Private Limited (hereinafter, “Alibaba”) has the right to modify and update these Instructions in its sole discretion at any time for the operation of the service platform of Global Trade Services Marketplace. The updated version of these Instructions, once released, shall apply to all users of Global Trade Services Marketplace and their Online Transactions immediately unless otherwise notified by Alibaba.
Article 1 Definitions
In these Instructions, the following capitalised terms shall be given their meanings as follows:
1.1 “Global Trade Services Marketplace”: means theGlobal Trade Services Marketplace is a trading platform under Alibaba.com, on which ISV engaged in the sale of products or services may publish its products or services on its own. If an ISV’s products or services are of any interest to any User on Alibaba.com, both parties may negotiate on their own and conclude an offline transaction after their introduction throughGlobal Trade Services Marketplace. The Platform operator shall provide space and information services for Global Trade Services Marketplace and Alibaba shall provide technical support for the Platform. In this Agreement, Global Trade Services Marketplace is also referred to as the “Platform”.
1.2 “ISV”: means an entity or individual that publishes its products or services on the Global Trade Services Marketplace and sells such products or services through such Global Trade Services Marketplace, also referred to as a “Service Provider”.
1.3 “Commodities”: means products or services placed on Global Trade Services Marketplace by ISV.
1.4 “User of Alibaba.com”(hereinafter referred to as “User”): means an entity or individual that utilizes the services provided by Global Trade Services Marketplace or orders Commodities through Global Trade Services Marketplace.
Article 2 Service Provider
2.1 All Commodities on Global Trade Services Marketplace are provided by the Service Provider selected by you, not Alibaba. Therefore, please make your choice carefully before selecting any Service Provider.
2.2 The Service Provider shall independently assume the obligations and liabilities related to Commodities with you in an offline transaction, and neither the Platform nor any of its affiliatesconstitute participants to any transaction.
Article 3 Composition of Commodities
3.1 Before selecting any Service Provider or Commodity, Users are required to carefully read the description of Commodities displayed on the Platform by the Service Provider. Alibaba does not represent or warrant the accuracy, completeness or fit for purpose of, and does not assume any liability for, any content of Commodities on the Platform.
3.2 By selecting to purchase relevant Commodities on the Platform, a User shall be deemed to have recognized the composition of the Commodities provided by the Service Provider.
3.3 Any transactions or business dealings entered into between a User and a Service Provider offline are not related to Global Trade Services Marketplace and the Platform of Alibaba in any way.
Article 4 Prices of Commodities and Terms of Payment
4.1 The prices of Commodities shall be subject to the prices and denominated unit published on the Platform by the Service Provider and as agreed between Service Provider and User from time to time.
4.2 Users shall pay all the transaction prices by such means and at such times as agreed between Service Provider and User.
Article 5 Means of Delivery of Commodities
5.1 The Commodities shall be delivered to Users pursuant to the means of delivery published by the Service Provider on the Platform.
5.2 Users shall receive relevant Commodities in a prudent manner and shall not accept any means of delivery other than those set forth in Article 5.1 to avoid relevant transaction risks.
Article 6 Transaction Record and Transaction Dispute Resolution
6.1 The User agrees that the transaction record (including but not limited to Commodities description, transaction time, transaction amount, payment record, total sales and other data) for the Commodities purchased by it through Global Trade Services Marketplace shall be subject to the system record of Global Trade Services Marketplace.
6.2 Any dispute between the User and the Service Provider in relation to transactions shall be settled between the User and the Service Provider through friendly consultation; in case no agreement is reached through consultation, the User may lodge a complaint with the Platform.
6.3 By lodging a complaint with the Platform, the User authorizes Alibaba to assist in solving the relevant complaint or dispute. Alibaba has the right to determine in its sole discretion whether the Service Provider has provided high quality and reasonable services to the User and propose relevant solutions.
6.4 If the User does not accept the solution proposed by Alibaba for the complaint, it may independently seek other means to resolve their dispute.
Article 7 Disclaimer
7.1 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.
7.2 The ISV shall be solely liable for any and all risks and consequences arising from its Commodities, and neither Alibaba nor Alibaba.com has any liability or obligation to be responsible for the ISV’s release and sale of Commodities or other acts.
7.3 Global Trade Services Marketplace is just a commodity trading platform. Alibaba or Alibaba.com and their Affiliates are not participants to the transactions between the User and the ISV on Global Trade Services Marketplace. In respect of the aforesaid transactions, Alibaba and Alibaba.com make no express or implied warranties as to the legitimacy or validity of the acts of the ISV and the User, or the truthfulness, legitimacy and effectiveness or fit for purpose of the Commodities, nor do they assume any liability for the losses incurred by the User or the ISV.
Article 8 User Reviews
8.1 The User may make reviewsof the Commodities he/she purchased through the service center of Global Trade Services Marketplace, and the review may include rating and comments.
8.2 Rating: (1-5 stars).
8.3 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.
8.4 The following reviews will be regarded as malicious reviews:
8.4.1 Making unreasonable requests (such as free of charge) or seeking other benefits by threatening to give low ratings (2 stars or less, this has the same meaning below);
8.4.2 The ISV gives a low rating to its peers after purchasing their commodities.
8.5 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 the relevant reviews.
8.6 If Alibaba.com finds any comments containing information that is prohibited to be published by any laws, regulations or rules, or any politically sensitive information, or anything that discloses others’ private information, or 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
Article 9 Service Fees
9.1 Alibaba.com reserves the right to charge the User for utilization of the services provided by Global Trade Services Marketplace. Alibaba.com will amend these Instructions and make an announcement on Alibaba.com when it has a fee-charging plan.
Article 10 Miscellaneous
10.1 Any disputes in relation to the utilization of Global Trade Services Marketplace by the User or these Instructions, which were not resolved through the operation of Articles 6.2 and 6.3,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.
10.2These Instructions shall become effective when published on Alibaba.com. The User shall first read these Instructions carefully and thoroughly. The 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 Instructions.
10.3 Matters not covered herein shall be subject to Alibaba.com Global Trade Services Marketplace Rules.
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