Taobao Platform Service Agreement (Overseas Version)
Updated date: 26th,August,2025
Effective date: 2nd,September,2025
REMINDERS
Thank you for choosing to use the Services and execute this Taobao Platform Service Agreement (“Agreement”)!
The index key terms listed at the beginning of each service term are for convenience of reference only, and do not affect or limit the construction or interpretation thereof. For your own rights and interests, please read each clause hereof carefully.
[Careful Reading] Please read this Agreement carefully before clicking to accept/confirm this Agreement or when using the Services. Please carefully read and fully understand each clause hereof, especially the clauses on exemption or limitation of liability, governing law and dispute resolution. Clauses on exemption or limitation of liability will be marked in bold and underlined text, which you should read with extra attention. If you have any question about this Agreement, please contact the customer service of Taobao Platforms. If you find this Agreement or any clause hereof unacceptable during your reading, please immediately cease your registration or your use of the Services.
ARTICLE 1 DEFINITIONS
“Taobao Platforms” means Taobao platform (domain name: taobao.com, including world.taobao.com), Tmall platform (domain name: tmall.com) and other related websites and/or their applications.
“Taobao” means TAOBAO (SINGAPORE) E-COMMERCE PTE. LTD., being the operator of non-mainland business of Taobao Platforms.
“Services” means, for the purposes of this Agreement only, the Internet-based services provided to Non-mainland Users by Taobao in its operation of non-mainland services of Taobao Platforms, which may be provided through website or application of Taobao Platforms or other service forms (including those emerging along with technological progress). The specific non-mainland countries and regions where the Services are available shall be subject to those displayed on the webpages of and supported by Taobao Platforms.
“Non-mainland User” means a user who is identified as non-mainland individual in real-name authentication, is registered with a non-mainland mobile number, is located in a non-mainland country or territory and registered with email address or third-party account, or is otherwise reasonably identified by Taobao Platforms as non-mainland user (subject to the determination by Taobao Platforms, and excluding any user who is identified as mainland individual in real-name authentication or who uses a mainland mobile number in registration and is not identified as non-mainland individual in real-name authentication). For the purpose of this Agreement only, “mainland” means the mainland of the People’s Republic of China; and “non-mainland” means countries or regions other than the mainland of the People’s Republic of China, for avoidance of doubt, non-mainland includes Hong Kong, Macau and Taiwan.
“Rules of Taobao Platforms” means all rules, interpretations, announcements and other contents published or to be published on all the rules channels of Taobao Platforms, as well as all rules, implementing regulations, product process descriptions, announcements and other contents published by Taobao Platforms in forums and help centers.
“Taobao Rules” means the rules published on the rules channel of Taobao. Please click herefor details.
“Tmall Rules” means the rules published on the rules channel of Tmall. Please click herefor details.
“Alibaba Platforms” means websites and applications operated by Taobao’s Affiliates which support the registration and log-in with accounts of Taobao Platforms, such as Alibaba for Chinese market (domain name: 1688.com) and Tmall Global (domain name: tmall.hk) etc., subject to the then actual situations.
“Alipay Service Provider” means Alipay (China) Network Technology Co., Ltd. or Alipay Singapore E-Commerce Private Limited, being the entity providing Alipay services.
“Affiliate” shall mean any affiliate of Taobao as disclosed in the most recent annual report of Alibaba Group Holding Limited.
ARTICLE 2 SCOPE OF AGREEMENT
2.1 Scope of Application
This Agreement shall be applicable to Non-mainland Users’ use of the Services provided by Taobao, specifically including the products and services with the basic functions of online browsing and shopping.
2.2 Parties
[Equal Parties] This Agreement is executed between you and Taobao and shall have contractual effects on both you and Taobao.
[Contracting Parties] Under this Agreement, Taobao will independently provide you with the services with respect to non-mainland business on Taobao Platforms, and the Affiliates of Taobao will only provide necessary technical support (if any) to Taobao. The operator of the non-mainland business on Taobao Platforms may be replaced in light of business adjustments, in which case, the new operator will perform this Agreement and provide you with the Services, and such replacement will not affect your rights or interests hereunder. There may also be additional operator of the non-mainland business on Taobao Platforms for additional services. By using the additional services, you shall be deemed as having consented to the accession to this Agreement by the additional operator. In the event of any dispute, the entity that performs this Agreement and the opposite party to such dispute may be determined based on the specific service you use and the specific entity responsible for the act that affects your rights and interests.
2.3 Supplementary Agreement
Given the rapid development of Internet technologies, the provisions of this Agreement between you and Taobao may not fully set out and cover all rights and obligations of you and Taobao or guarantee full satisfaction of emerging demands. Therefore, the Legal Statementand the Taobao Platform Privacy Policy, as well as the Rules of Taobao Platforms, are supplementary agreements to, constitute an integral part of and have the same legal effect as, this Agreement. If you use the Services, it shall be deemed that you have consented to these supplementary agreements.
ARTICLE 3 REGISTRATION AND USE OF ACCOUNT
3.1 User Qualification
You warrant that when you register for the Services, you have the corresponding capacity for civil conduct under applicable laws. If you do not have the corresponding capacity, you and your guardian shall assume all consequences arising therefrom in accordance with applicable laws.
In addition, you shall ensure that you are not a subject of any trade restriction, economic sanction or other restriction under laws or regulations administered by any country, territory or international organization, nor do you directly or indirectly provide funds, products or services to any such subject; otherwise, you shall cease your use of the Services. You understand that the violation of the foregoing requirements may render you unable to register for and use the Services normally.
3.2 Account
[Account Creation] You may obtain an account with and become a user of Taobao Platforms after you fill in the information, read and consent to this Agreement, and complete all registration procedures following the instructions on the registration page.
Each user may only have one account with Taobao Platforms. If evidence demonstrates or Taobao determines in accordance with the Rules of Taobao Platforms that you have improperly registered for or used more than one account with Taobao Platforms, Taobao Platforms may suspend or close your accounts, cancel your orders, refuse services to you and take other measures against you; if Taobao Platforms or any relevant party suffers any losses as a result thereof, you shall be liable for compensation.
[Account Use] You may use your username of Taobao Platforms, email address, mobile number or third-party account (as then displayed on the relevant webpage; hereinafter referred to as “account name”) and your password (collectively with your account name, your “account”) created or confirmed by you to log in to Taobao Platforms.
As your account with Taobao Platforms is associated with your personal information and the business information of Taobao Platforms, your account shall only be used by you. Your authorization, direct or indirect, to a third party for its use of your account with Taobao Platforms or for its access to the information therein shall be invalid, unless with the consent of Taobao Platforms. If Taobao determines in accordance with the procedures and standards specified in the Rules of Taobao Platforms that the use of your account with Taobao Platforms may endanger the security of your account and/or the information security of Taobao Platforms, Taobao Platforms may refuse the relevant Services to you or terminate this Agreement.
[Account Transfer] As your account is associated with your credit information, you may not transfer your account unless the transfer is expressly permitted by law, is required by judicial decision or is approved by Taobao, and the transfer shall comply with the account transfer procedures as stipulated in the Rules of Taobao Platforms. Upon transfer of your account, the rights and obligations thereunder shall be transferred simultaneously. Except in the circumstances above, your account shall not be transferred in any way; otherwise, Taobao Platforms shall have the right to hold you liable for breach, and any liabilities and consequences arising therefrom shall be solely borne by you.
[Real-Name Authentication] For better use of the Services and the security of your account, Taobao may request you to complete real-name authentication pursuant to laws and regulations or based on Taobao’s business needs.
[Deactivation of Inactive Account] Your account may be deactivated and the Services to you will be terminated if:
(I) your account has not been used for log-in to Taobao Platforms or any Alibaba Platform for six (6) consecutive months; and
(II) there is no active business under your account.
3.3 Management of Registration Information
3.3.1 Authenticity and Lawfulness
[Authentic Information] For your use of the Services, you shall provide accurate and complete information following the instructions on the webpage of Taobao Platforms, such as your name, email address, phone number and contact address (subject to the requirements on the webpage), so that Taobao Platforms or other users may contact you. You understand and agree that you shall be obliged to maintain the authenticity and validity of the information provided by you.
[Lawful Username] Your username of Taobao Platforms shall not violate applicable laws or regulations or provisions on username in the Rules of Taobao Platforms; otherwise, Taobao may deactivate your username. Such deactivation will not affect your log-in to Taobao Platforms or your use of the Services with your email address or mobile number.
3.3.2 Update and Maintenance
You shall promptly update your information. If Taobao, as the provider of the Services, is expressly required by laws to verify certain user information (for example, seller information and posting), Taobao will review and verify your information from time to time pursuant to law, in which case you shall cooperate and provide information that is up-to-date, authentic, complete and valid.
If Taobao fails to reach you with the latest information provided by you, or you fail to provide information in a timely manner as requested by Taobao, or the information provided by you is apparently false or is determined as invalid by administrative or judicial authorities, you shall bear all the losses and adverse consequences caused to you, others and Taobao. In such case, Taobao may send you a notice asking for information or requesting rectification, and request you to go through authentication again, up to and including suspension or termination of part or all of the Services to you without any liability.
3.4 Account Security
[Obligation of Account Safekeeping] Your account shall be set up and kept by you on your own and in no event will Taobao request your password from you. Therefore, you are advised to keep your account properly and make sure to log out of and leave Taobao Platforms following correct steps at the end of your use.
Taobao will not bear any losses or consequences caused by your voluntary disclosure of your account information or by any hack, fraud or other act of any third party in respect of your account, for which you shall make claim against the infringer through judicial or administrative means.
[Sole Liability for Operations under Your Account] In the absence of fault of Taobao, you shall be liable for the consequences of all operations under your account (including but not limited to online execution of agreements, information posting, purchase of products and services, and information disclosure).
[Daily Maintenance] If you become aware of any unauthorized use of your account for log-in to Taobao Platforms or any other circumstance that may lead to compromise of or loss under your account, you are advised to immediately inform Taobao and authorize Taobao to share such information with the relevant payment service provider(s) and the relevant Alibaba Platform(s). You understand that it will take a reasonable period of time for Taobao to take actions in response to your request, and that the actions so taken by Taobao may not avoid or prevent the occurrence or escalation of the adverse consequences. You acknowledge that Taobao will not bear any liabilities therefor unless it is in fault under law.
ARTICLE 4 SERVICES AND SERVICE RULES
[Description of Services] On Taobao Platforms, you may browse products and/or services, add them to wishlist, purchase and write reviews about them, have your disputes with sellers solved, and exchange information with others (such as Q&A, and information sharing). Taobao provides a wide range of Services. For details, please visit Taobao Platforms.
4.1 Browsing and Adding Products and/or Services to Wishlist
In your visit to Taobao Platforms, Taobao provides you with a wide range of Services (including data sorting, keyword searching, filtering, adding to wishlist, and following) to better serve your needs. If you are interested in any product and/or service, you may add them to wishlist, add them to cart, and follow the relevant store/brand.
4.2 Purchase and Review of Products and/or Services
[Purchase of Products and/or Services] When purchasing any product and/or service on Taobao Platforms, you are advised to carefully check the name, price, quantity, model, specification and size of the product or the time, scope, restrictions and other important matters of the service, and double-check your contact address, mobile number, consignee and other information when placing an order. If you are not the consignee, you shall be liable for all the legal consequences arising from the acts and manifest intent of such consignee.
Your purchase shall be based on genuine demands for consumption, and you shall not purchase products and/or services or exercise right in bad faith or otherwise disrupt the normal transaction order on Taobao Platforms. To maintain the transaction order and security on Taobao Platforms, Taobao may close the relevant order or take other measures at its discretion upon identification of any of the above circumstances.
[Fixed Price and Auction] Products and/or services may be sold at a “fixed price” or through “auction” on Taobao Platforms. In the case of an auction, you understand that Taobao Platforms serve solely as the online marketplace for users to purchase products and/or services through auction rather than the “auctioneer” under laws.
[Review] You have the right to write a review of any product and/or service you have purchased from another user in the review system of Taobao Platforms. You understand that your review information on Taobao Platforms is public, and that you may leave an anonymous review if you do not want to be identified.
To ensure that the reviews accurately reflect the actual conditions of products and/or services and provide reliable reference for consumers’ purchasing decisions, all your reviews shall be compliant with the Rules of Taobao Platforms, and shall be lawful, objective, true and relevant to the product and/or service purchased, without any obscene, pornographic, vulgar, or advertising information or other information that is prohibited by laws and regulations or this Agreement. You shall neither help others increase their credit in any improper way, nor use your right to give review to threaten or extort other users. Taobao may take necessary measures against your non-compliant review in accordance with the Rules of Taobao Platforms.
4.3 Settlement of Transaction-Related Disputes
[Settlement Methods of Transaction-Related Disputes] In the event of any dispute over any transaction on Taobao Platforms with another user, each of you and such user shall have the right to settle the dispute by:
(I) negotiating with each other;
(II) using the dispute mediation service of Taobao Platforms;
(III) submitting the dispute to China Consumers Association or any other mediation organization duly established in accordance with laws;
(IV) filing a complaint to the competent administrative authority;
(V) submitting the dispute to the arbitral body for arbitration in accordance with the arbitration agreement (if any) with the opposite party; or
(VI) submitting the dispute to a competent court.
[Dispute Mediation Service of Taobao Platforms] By using the dispute mediation service of Taobao Platforms in accordance with the Rules of Taobao Platforms, you acknowledge that you accept and are willing to perform the mediation decision (including without limitation modification of the transaction status of the order in dispute, and determination of payment of all or part of the disputed amount to either party or both parties to the transaction) made by the customer service personnel or public reviewers of Taobao Platforms (“mediators”), as an independent third party, based on the facts of the dispute known to them and in accordance with the Rules of Taobao Platforms. Before a mediation decision is made by mediators, you may choose any other method set forth in item (III), (IV), (V) or (VI) above (each an “alternative dispute settlement method”) to settle the dispute and suspend the dispute mediation service of Taobao Platforms.
After a mediation decision is made by mediators, if you are not satisfied with the decision, you still have the right to choose alternative dispute settlement method to settle the dispute, provided that you shall perform the mediation decision until a final decision is made through such alternative dispute settlement method.
4.4 Information Exchange
To facilitate the exchange of information, including shopping experiences, among users, you may publish information (such as giving comments, replies, messages, bullet comments, and likes) and otherwise interact with other users in the form of text, image, video, live stream, emoji, symbol or otherwise through Q&A, product reviews, forums, group chats, and other information-sharing features provided by Taobao Platforms. You shall ensure that all information published by you complies with laws and regulations and this Agreement.
4.5 Trade Restrictions
With respect to the products, services, software and technologies (including the software and technologies made available by Taobao Platforms) obtained by you through Taobao Platforms, you undertake to comply with all applicable laws and regulations relating to import and export controls, trade restrictions and economic sanctions. To maintain the transaction order and security on Taobao Platforms, Taobao may, at its discretion, close the relevant order, take measures against your account, or take other actions upon identification of any breach of your undertaking above.
4.6 Service Fee
To provide you with the Services, Taobao has incurred substantial costs. Currently, the Services are provided to you free of charge, except for the charging items as expressly set forth on Taobao Platforms. Should Taobao impose reasonable fees in the future, it will notify you through legal procedures with a reasonable advance notice and in a reasonable manner as specified in Article 8 hereof, so that you may make an informed choice.
4.7 Limitation of Liability
[Force Majeure and Reasons Attributable to Third Parties] Taobao will perform the basic obligations to secure the Services in accordance with laws, provided that Taobao will not be liable for breach in the case of any impediment to, or defect, delay or change in, its performance of this Agreement due to:
(I) force majeure such as any act of God, strike, riot, war, government act and judicial or administrative order;
(II) any failure in power supply, communication networks or other public services, or other reason attributable to a third party; or
(III) any routine or emergency equipment and system maintenance, failure of equipment and system, or network information and data security and similar reasons, as long as Taobao has performed its management obligations in good faith.
[Mass Information] Taobao provides you only with the Services, and you understand that the information on Taobao Platforms is published by users, and may pose risks or be defective. While Taobao will try its best to protect your legitimate rights and interests and pleasant experience on Taobao Platforms by establishing relevant censoring and monitoring systems in accordance with laws, it is impractical for Taobao to check each piece of information on products and/or services or the quality, safety, legitimacy, authenticity and accuracy of each product and/or service traded, given the mass of information on Taobao Platforms and the separation of informational descriptions from physical articles inherent in digital environments. Therefore, you are advised to make your decisions prudently.
[Mediation Decision] You understand and agree that the customer service personnel or public reviewers of Taobao Platforms performing dispute mediation services are not professionals and can only make decisions based on the evidence submitted by users with the knowledge of ordinary people. Therefore, the mediators shall be exempted from any liability for their dispute mediation decisions in the absence of willful misconduct or gross negligence.
ARTICLE 5 PROTECTION AND AUTHORIZATION OF USER INFORMATION
5.1 Protection of Personal Information
Taobao attaches great importance to the protection of users’ personal information. During your use of the Services, you agree that Taobao may collect, store, use, disclose and protect your personal information in accordance with the privacy policy published on Taobao Platforms. Taobao intends to clarify how it processes your personal information through the privacy policy. Therefore, you are advised to read the whole text of the privacy policy (click herefor details) to better protect your privacy.
5.2 Warranty and Authorization as to Non-Personal Information
[Information Publishing] You represent and warrant that you have the corresponding legal rights in or to all information published by you, that all information published by you and acts conducted by you comply with the applicable laws and regulations, mandatory state standards and this Agreement, and that you have the obligation to manage the information published by you and immediately remove any such information that violates the applicable laws and regulations or this Agreement; otherwise, Taobao may remove or block the information published by you in accordance with laws or this Agreement.
[Prohibited Information] You shall ensure that the information published by you does not contain any content that:
(I) is false, misleading or deceptive;
(II) is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, age or otherwise;
(III) propagates obscenity, pornography, gambling, violence, murder or terror, or instigates crimes;
(IV) insults or slanders others, or infringes upon the right to reputation, privacy, portrait right, intellectual property rights or other legitimate rights and interests of others;
(V) intimidates or threatens others by violence;
(VI) may induce minors to imitate unsafe or immoral behaviors or to develop harmful habits, or infringes upon the legitimate rights and interests or harms the physical and psychological health of minors;
(VII) infringes upon the privacy of others, or contains photos or videos of others taken without their permission, infringing upon their legitimate rights;
(VIII) disseminates excessive marketing information or spam;
(IX) is meaningless, or deliberately uses combination of characters and symbols to evade technical scrutiny;
(X) uses sensationalized headlines which are materially inconsistent with the contents;
(XI) creates publicity stunt with romance, scandal, improper behavior or otherwise;
(XII) gives improper comments on natural disaster, major accident or other disasters;
(XIII) propagates coarseness, vulgarity or kitschiness, or propagates money worship, wealth flaunting or other improper behaviors;
(XIV) is horrifying, violent, bloody, highly dangerous or harmful to the physical and psychological health of the performer or others, including but not limited to depiction of suicide or self-harm, performance which uses knives or other dangerous devices and threatens life or health, or endangers personal and/or property safety of the performer or others, and content which encourages or induces others to engage in dangerous or illegal activities that may cause personal injury or death;
(XV) is disseminated through the Services by passing off as, or using the name of, another person, or would cause the confusion of other users due to malicious use of the registered account;
(XVI) contains virus, Trojan, crawler or other malware or program code which may jeopardize, tamper with, delete or affect the normal operation of any system of Taobao or secretly obtain the data and personal information of Taobao Platforms or other users without authorization; or
(XVII) otherwise jeopardizes cyber ecology, or is otherwise prohibited by laws and administrative regulations.
[Authorized Use] No right (including without limitation any intellectual property right or portrait right) in or to any text, image, video, audio or other non-personal information provided or published by you or generated during your use of the Services will be transferred due to your upload, publication or otherwise, and unless otherwise expressly specified by Taobao, to the extent permitted by laws, you grant Taobao and its Affiliates a royalty-free, non-exclusive, geographically unlimited and sub-licensable license to store, use, reproduce, modify, edit, publish, display, translate, distribute or create derivative works of your non-personal information above, and to incorporate the foregoing into other works using any form, medium or technology, existing or emerging in the future, and you authorize Taobao and its Affiliates to collect evidence and file lawsuits against infringement by any third party in their own name.
5.3 Complaints and Reports
If you identify any violation of laws or regulations, unlawful dissemination of information, illegal or harmful information, or other non-compliance during your use of the Services, you may file complaints or reports via the “Complaint Center” or the “hotline/mailbox for reporting illegal or harmful information online” (at 0086-571-81683755/jubao.tb@service.taobao.com)” or by such other means as published on Taobao Platforms, and Taobao will promptly handle your complaints and reports in accordance with relevant laws and regulations.
ARTICLE 6 BREACH BY USER AND PUNISHMENT
6.1 Determination of Breach
You will be deemed in breach if you:
(I) use the Services in violation of any applicable laws or regulations; or
(II) breach this Agreement or any supplementary agreement hereto (as set forth in Article 2.2 hereof).
To accommodate the development of e-commerce and meet the demand of mass users for efficient and quality services, you understand and agree that Taobao may specify the procedures and standards for determination of breach in the Rules of Taobao Platforms. For example, Taobao may determine whether you have committed a breach by comparing your user data with mass user data. In case of any abnormality in your data, you are obliged to provide sufficient evidence or give reasonable explanation; otherwise, you will be deemed to have committed a breach.
6.2 Punishment for Breach
[Disposal of Information] If you publish any information on Taobao Platforms in breach of this Agreement, Taobao may immediately remove or block such information in accordance with relevant rules.
[Restriction on Acts] Where your act on Taobao Platforms or your act elsewhere with an impact on Taobao Platforms and their users constitutes a breach hereof, Taobao may impose punishment on you, including reducing your account points, suspending the provision of part or all of the Services to you and claiming liquidated damages, in accordance with relevant rules. Where your act constitutes a material breach, Taobao may close your account and terminate the provision of the Services to you.
[Measures against Payment Accounts] Where your breach involves fraud, sale of counterfeit products, unauthorized use of other user’s account or other specific non-compliant acts, or where you may endanger the security of others’ transactions or accounts, Taobao will instruct Alipay Service Provider or relevant cooperative payment agencies to take punitive measures against your payment accounts, such as disabling your payment collection and payment functions, depending on the risk level of your breach.
[Publication of Punishment Imposed] Taobao may publish on Taobao Platforms any information regarding the punishment imposed for your breach above and other information regarding your violation of laws as confirmed by effective legal documents issued by administrative or judicial authorities.
6.3 Compensation
You shall compensate Taobao and/or its Affiliates or Alipay Service Provider for any and all losses suffered (including direct economic losses, loss of goodwill, and indirect economic losses such as damages, settlement payment, attorney’s fees or legal costs paid to others) due to your act.
If a third-party claims against Taobao and/or its Affiliates or Alipay Service Provider due to your act, Taobao and/or its Affiliates or Alipay Service Provider may recover all losses so suffered from you after its/their fulfillment of monetary payment or other obligations to the third party.
If your act causes any losses to a third party or you neglect to perform any dispute mediation decision, Taobao and/or its Affiliates may, for the purpose of protecting public interests, instruct Alipay Service Provider or other cooperative payment agencies to deduct the corresponding amount from your Alipay account or other payment accounts to make the payment. If the balance or deposit in your Alipay account or other payment accounts is insufficient to cover the payment, you agree and authorize that Taobao may use its own funds to make such payment on your behalf, and you shall reimburse Taobao for such payment and compensate Taobao for all losses so suffered.
You agree that Taobao may instruct Alipay Service Provider or other cooperative payment agencies to deduct the corresponding amount from your Alipay account or other payment accounts to pay the compensation above. If the balance in your Alipay account or other payment accounts is insufficient to cover such compensation, Taobao and/or its Affiliates may directly offset any entitlements available to you under your other agreements with Taobao and/or its Affiliates against such compensation, and may further claim against you for any shortfall.
6.4 Special Provisions
[Commercial Bribery] If you provide any employee, consultant or other personnel of Taobao and/or its Affiliates with any benefit in kind, cash, cash equivalent, labor, travel or other benefits, the value of which materially exceeds the normal level for commercial negotiations, you will be deemed to have committed commercial bribery. In such case, Taobao may immediately terminate all cooperation with you and claim from you liquidated damages and/or compensation, the amount of which will be calculated based on the economic losses and loss of goodwill suffered by Taobao due to your bribery.
[Associated Measures] If this Agreement is terminated by Taobao due to your material breach hereof, for the purpose of maintaining the order of Taobao Platforms and protecting consumers’ rights and interests, Taobao and/or its Affiliates may suspend or even terminate the cooperation with you under other agreements, with a notice thereof to you in such manner as specified in Article 8 hereof.
If any other agreement between you and Taobao and/or its Affiliate or Alipay Service Provider expressly sets forth the circumstances under which associated measures shall be taken with respect to the cooperation hereunder, Taobao may, for the purpose of maintaining the order of Taobao Platforms, suspend and even terminate this Agreement upon receipt of instruction to that effect, with a notice thereof to you in such manner as specified in Article 8 hereof.
ARTICLE 7 MODIFICATION OF AGREEMENT
Taobao may modify this Agreement and the supplementary agreements hereto from time to time in light of changes in state laws and regulations and as necessary for maintaining the order of transactions and protecting consumers’ rights and interests. This Agreement and the supplementary agreements as modified (“Modifications”) will be notified to you through legal procedures and in such manner as specified in Article 8 hereof.
If you disagree with any such Modification, you may give your comments thereon to Taobao before the effective date thereof. If your comments are accepted, Taobao will adjust such Modification as appropriate.
If you still disagree with the Modifications that have become effective, you shall cease your use of the Services from the effective date thereof, and the Modifications will not be binding upon you; otherwise, you will be deemed as having accepted the effective Modifications.
ARTICLE 8 NOTICE
8.1 Valid Contact Information
When you register as a user of Taobao Platforms to use the Services, you shall provide true and valid contact information (including without limitation your email address, phone number and mailing address) as then instructed on the relevant webpage of Taobao Platforms. For any change in your contact information, you are obliged to promptly update the relevant information so that you can be effectively reached.
The account (including any sub-accounts) created during your registration with Taobao Platforms for login to Taobao Platforms to receive platform messages, system messages and Aliwangwang instant messages shall also serve as a valid way to contact you.
Taobao will send notices to you through one or more ways set forth above. Such notices may have significant effects, positive or negative, on your rights and obligations, and you are advised to pay prompt attention to them.
You may receive advertising, promotional and other commercial information relating to products you are interested in via the mobile number or email address provided by you during your registration; if you do not wish to receive such information, you have the right to opt out through the opt-out function provided by Taobao Platforms.
8.2 Delivery of Notices
A written notice from Taobao to you in such a manner as specified above shall be deemed delivered once successfully sent by electronic means (including without limitation by announcement on Taobao Platforms, SMS to the mobile number provided by you, email to the email address provided by you, and Aliwangwang message, system message or platform message to your account), or on the fifth (5th) calendar day after posting if addressed to the mailing address provided by you in hard copy.
In respect of any dispute arising out of your transactions on Taobao Platforms, you agree that judicial authorities (including but not limited to courts) may serve legal process (including but not limited to litigation documents) on you by SMS, email, Aliwangwang or other modern communication means or by mail. The mobile number, email address, Aliwangwang account or other contact information designated by you for service of legal process shall be the mobile number and email address provided by you during your registration with Taobao Platforms or in subsequent updates and the Aliwangwang account created when you register as a user of Taobao Platforms. Any legal process sent by judicial authorities to such contact information shall be deemed served. The mailing address designated by you shall be your legal contact address or the valid contact address provided by you.
You agree that judicial authorities may serve legal process on you through one or more ways above, and in case of such service in more than one way, the time of service shall be that of the one first served.
You agree that the ways of service above shall apply to all the stages of judicial proceedings, which, should litigation be initiated, shall include without limitation the first instance, second instance, retrial, enforcement and demand proceedings.
You shall ensure that the contact information provided by you is accurate, valid and up-to-date. If the service of any legal process is prevented or delayed due to inaccuracy of the contact information provided by you or your failure to promptly update it upon any change, you shall be solely liable for any legal consequences that may arise therefrom.
ARTICLE 9 TERMINATION
9.1 Termination
[Termination by You] You have the right to terminate this Agreement by:
(I) closing your account with Taobao Platforms following the instructions on the relevant webpage if you meet the conditions published by Taobao Platforms for account closure (for details of the conditions for account closure, you may go to “Account - Settings - Account and Security - Delete Account” in Taobao application);
(II) ceasing your use of the Services and expressly indicating your refusal to accept any Modification before such Modification takes effect; or
(III) expressly indicating that you will not continue to use the Services, subject to satisfaction of the termination conditions required by Taobao Platforms.
[Termination by Taobao] With a notice to you in such manner as specified in Article 8 hereof, Taobao may terminate this Agreement:
(I) in accordance with the provisions on breach hereof if you breach this Agreement;
(II) after closing your account in accordance with the Rules of Taobao Platforms if you use other user’s account without authorization, publish prohibited information, swindle others out of their money or possessions, sell counterfeit products, disturb market order, or make profits by improper means;
(III) after closing your account in accordance with the Rules of Taobao Platforms if you otherwise repeatedly and materially breach the provisions of the Rules of Taobao Platforms;
(IV) if your account is taken back by Taobao in accordance with this Agreement;
(V) if you commit any fraud, publish or sell counterfeit/infringing products, infringe upon the legitimate rights and interests of others, or otherwise commit any material violation of law or breach of contract on Alipay or other Alibaba Platforms; or
(VI) if any other circumstance occurs under which the provision of the Services to you shall be terminated.
9.2 Post-Termination Matters
[Disclosure of Your Information] After termination of this Agreement, Taobao shall have no obligation to disclose any information on your account to you or any third party designated by you, unless expressly provided by laws.
[Rights of Taobao] Despite the termination of this Agreement, Taobao may:
(I) retain all of your information stored on Taobao Platforms as set forth in Article 5 hereof, unless otherwise prohibited by applicable laws; and
(II) hold you liable for any of your prior breaches hereunder in accordance with this Agreement.
[Transactions] After termination of this Agreement, in respect of any order placed with or by you during the term hereof, Taobao may give a notice to your counterparty and, depending on the intention of the counterparty, determine whether to close such order; if the counterparty requests further performance, you shall continue to perform the order in accordance with the provisions of this Agreement and the order and bear any losses or additional costs arising therefrom.
ARTICLE 10 GOVERNING LAW, JURISDICTION AND MISCELLANEOUS
[Governing Law] The conclusion, effectiveness, interpretation, termination and performance of, amendment and supplement to, and dispute resolution under, this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China without giving effect to its conflicts of laws rules. If there is no relevant provision in such laws, business and/or industry practices shall apply.
[Jurisdiction] Any dispute arising from your use of the Services or in connection with the Services shall be settled by you and Taobao through negotiations, failing which either party hereto may submit such dispute to Hong Kong International Arbitration Centre (“HKIAC”) for arbitration.
[Severability] If any provision hereof is held to be void, invalid or unenforceable, such provision shall be deemed severable without prejudice to the validity or enforceability of the remaining provisions hereof.
[Languages] If there is any conflict between the Chinese version and another language version of this Privacy Policy, the Chinese version shall prevail.
