Taobao Platforms Service Agreement (for Overseas Users)
Published on:30th July, 2024
Reminders
Welcome to sign this Taobao Platforms Service Agreement (for Overseas Users) (hereinafter referred to as this "Agreement") with the operators of Taobao E-commerce platform and use the services of the Taobao Platforms!
The indexing keywords listed before each clause of the Agreement are designed to help you understand the purpose of the clause and have no impact on or impose no limit to the meaning or interpretation of the clause. To protect your rights and interests, you are advised to read each and every clause of this Agreement carefully.
[Read Carefully] Please read the Agreement carefully before accepting it during the registration process. Make sure you carefully read and fully understand each clause, especially the clauses related to the exemption or limitation of liability, applicable laws, and dispute resolution. Clauses related to the exemption or limitation of liability are marked in bold and underlined for you to take note of. If you have any questions about this Agreement, please consult the customer service of the Taobao Platforms.
[Sign the Agreement] When you fill out the information as instructed on the registration page, read and agree to this Agreement, and complete the registration process, it signifies that you have fully read, understood, and accepted all the clauses of this Agreement. This establishes your agreement with Taobao, making you a "User" of the Taobao Platforms. If you disagree with any part of this Agreement, you should stop the registration process immediately.
1. Definitions
"Taobao Platforms" refer to the website and client applications of Taobao (domain name: taobao.com), Tmall (domain name: tmall.com) Fliggy (domain name: alitrip.com /fliggy.com /feizhu.com).
“Taobao” refers to operators of Taobao Platforms individually or collectively, including operator of Taobao net, i.e. Zhejiang Taobao Network Co., Ltd., and operator of Tmall, i.e. Zhejiang Tmall Network Co., Ltd and operator of Fliggy, i.e. Hangzhou Taomei Aviation Services Co., Ltd.
"Services of the Taobao Platforms", refer to various services provided to users by Taobao through the Internet. These services are offered via the website and client applications of Taobao, as well as other forms that may evolve in the future.
"Taobao Platforms Rules" include all applicable rules, interpretations, announcements that have been or will be published on the rules channel, and any rules, implementation regulations, procedure guidelines, announcements etc. that are published on any forums, BBS, help centers of the relevant Taobao Platforms etc.
Taobao Rules: For the rules listed in the Taobao Rules center, please click here.
Tmall Rules: For the rules listed in the Tmall Rules center, please click here.
Fliggy Rules: For the rules listed in the Fliggy Rules center, please click here.
Alibaba Platform: refers to the Taobao platform, Alibaba Chinese website (domain name: 1688.com), Alibaba International Station (domain name: alibaba.com), Tmall International website (domain name: tmall.hk), AliExpress (domain name: aliexpress.com), Yitao.com (domain name: etao.com), Alimama (domain name: alimama.com), Alibaba Cloud website (domain name: aliyun.com), Yinluo (domain name: xiami.com), Cainiao (domain name :cainiao.com), Shenma Search (domain name: sm.cn), Liangxin Pharmacy (domain name:maiyao.liangxinyao.com), Hema (domain name: freshhema.com) and other websites and clients.
"Alipay" refers to Alipay (China) Network Technology Co., Ltd. as the entity providing Alipay services.
"Affiliated Companies" refer to the affiliates of service providers of the Taobao platforms as disclosed in the most recent annual report by Alibaba Group Holding Limited.
2. Scope of Agreement
2.1 Scope of Application
This Agreement governs the products and services related to essential online browsing and shopping functionalities offered to you by service providers of the Taobao Platforms. These services are provided through various mediums such as websites, client applications, mini-programs, and any new forms that may emerge due to technological advancements. We will determine if this Agreement applies to you by various means, including but not limited to, your registration or login into Taobao using oversea mobile phone number, email address, or oversea third-party account and this agreement is the supplementary of <Taobao platform service agreement >
2.2 Contracting Parties
[Equal Status] This Agreement is made between you and the operators of the Taobao Platforms, and it is legally binding upon both parties.
[Party Information] The operators of the Taobao Platforms refer to the legal entities managing the Taobao Platforms. You can verify the specific Taobao entity you are contracting with by checking the licensing information displayed at the bottom of the homepage on any website of the Taobao Platform. The operators of the Taobao Platforms may change due to business adjustments. The new operator will continue to fulfill this Agreement and provide services to you, and such changes will not affect your rights under this Agreement. Additionally, new operators may be introduced to provide new services on the Taobao Platforms. By using these new services, it is deemed that you consent to the new operators performing this Agreement with you. In case of a dispute, you can identify the relevant party to the agreement and the disputing party based on the specific services you use and the actions that impact your rights.
2.3 Supplementary Agreements
Given the rapid evolution of the Internet, the clauses outlined in this Agreement may not capture all rights and duties between you and Taobao. The current clauses may not adequately address future needs. Thus, the legal statements, privacy policy, and Taobao Platforms Rules serve as supplementary agreements to this Agreement. They are integral to and legally equivalent to this Agreement. By using the services provided by the Taobao Platforms, you are deemed to have agreed to the above supplementary agreements.
3. Account Registration and Use
3.1 User Qualification
You confirm that before beginning the registration process to use the services of the Taobao Platforms, you possess the legal capacity for civil conduct as required by applicable laws, which is suitable for your intended actions. If you do not possess the aforesaid required legal capacity, you and your guardian are responsible for all consequences as prescribed by law.
In addition, you must ensure that you are not a target of any trade restrictions, economic sanctions, or other legal regulations imposed by any country, region, or international organization, nor should you directly or indirectly provide funds, goods, or services to any such entities. Otherwise, you must stop using services of the Taobao Platforms. Failing to comply with these requirements may impede your ability to register and utilize services of the Taobao Platforms normally.
3.2 Account Description
[Account Acquisition] When you complete the registration form as instructed, agree to this Agreement, and finish all registration steps, you will receive an account from a Taobao Platform and become a user thereof.
Each user is permitted to use only one account on each of the Taobao Platforms. If evidence shows or if Taobao determines, based on Rules of the Taobao Platforms, that you have improperly registered or used multiple accounts, Taobao may take actions such as freezing or closing your accounts, cancelling orders, or denying service. If your actions cause losses to Taobao or others, you will be responsible for compensation.
[Account Usage] You are entitled to use your designated or verified Taobao username, email, mobile phone number, or applicable third-party account as indicated (collectively referred to as "Account Name"), along with the password you have set (together, these credentials are referred to as "Account") to log into the Taobao Platforms.
You may also use your Taobao Platform Account to log in to certain Alibaba platform, except if your Account was registered before March 18, 2013, or if the email or mobile phone number used to register your Taobao Platform Account has been previously registered or used on any of the Alibaba Platforms.
Your Taobao Platform Account, which is linked to your personal and business information on the Platform, is intended for your personal use only. Without explicit permission from the Taobao Platform, any direct or indirect authorization given to a third party to use your Account or to access information under your Account is void. If Taobao, following its established rules and procedures for identifying breaches, determines that your usage might compromise the security of your Account and/or the Taobao Platform's information security, the Taobao Platform has the right to refuse service or terminate this Agreement.
[Account Transfer] User Accounts are linked to individual credit information. Therefore, transfers of Accounts are only permissible under specific conditions: if legally mandated, as decreed by a judicial ruling, or with explicit approval from Taobao, following the procedures outlined in the Rules of the Taobao Platforms. Once your Account is transferred, the rights and obligations thereunder shall be transferred concurrently. Any transfer attempted outside these conditions is prohibited, and Taobao reserves the right to hold you accountable for any breach of contract. Furthermore, you will bear all liabilities and consequences arising therefrom.
[Real Name Verification] To improve your experience and ensure the security of your Account, Taobao may require you to undergo real name verification, following legal requirements or as necessary for Taobao's operational needs.
[Recycling of Inactive Accounts] Taobao reserves the right to reclaim your Account if it meets all of the following criteria. Once your Account is reclaimed, you will no longer be able to access any of the Alibaba Platforms, and all related services will cease accordingly.
(1) You have not bound the Alipay account that completed real name verification as required (if any);
(2) You have not logged in to any Alibaba Platform for six (6) consecutive months;
(3) There is no valid unexpired service under your Account.
3.3 Registration Information Management
3.3.1 Authenticity and Legitimacy
[Authenticity of Information] When using Services of the Taobao Platforms, you are required to provide your information (including your name, email address, contact phone number, and address) accurately and completely as prompted on the Platform's pages when necessary, to ensure that Taobao or other users can contact you effectively. You understand and agree that you are obligated to maintain the authenticity and validity of the information you provide.
[Legitimacy of Usernames] The Taobao username chosen by you must comply with all applicable laws, regulations, and the Rules of the Taobao Platforms regarding usernames. If your username breaches these regulations, Taobao reserves the right to reclaim it. This reclamation will not affect your ability to log in to and use services of the Taobao Platforms with your email address or mobile phone number.
3.3.2 Update and Maintenance
You must keep the information you provide up-to-date. In instances where laws specifically mandate that Taobao, as a platform service provider, verify the information of certain users (such as sellers and content publishers), Taobao will periodically check and verify your information according to legal requirements. You must cooperate by providing the latest, accurate, complete, and valid information.
If Taobao is unable to reach you using your most recently provided information, or if you fail to provide the requested information in a timely manner, or if the information you have provided is found to be significantly inaccurate or deemed invalid by administrative or judicial authorities, you shall bear all resulting losses and adverse consequences brought to yourself, others, and Taobao. Taobao may contact you to ask questions or demand corrections and require you to re-verify your information, potentially leading to a suspension or termination of some or all services on the Taobao Platforms. Taobao will not be held responsible for these actions.
3.4 Account Security Specifications
[Account Security Obligations] Your Account is created and maintained by you alone, and Taobao will never proactively request your Account password at any time. It is crucial that you securely manage your Account and ensure that you log out at the end of each online session and exit the Taobao Platforms following the correct procedures.
Taobao is not responsible for any losses or consequences that arise from your voluntary disclosure of your Account information or as a result of attacks, fraud, or other harmful activities by third parties. You should pursue compensation from the offender by legal or administrative means.
[Liability for Account Activities] Except in cases of Taobao's own fault, you are responsible for all activities conducted under your Account, including but not limited to signing agreements online, posting information, purchasing goods and services, and disclosing information.
[Routine Maintenance Instructions] If you detect any unauthorized access to your Account or any other situation that might lead to theft or loss of your Account, you are advised to immediately inform Taobao, and authorize Taobao to share such information with Alipay and related Alibaba Platforms. You acknowledge that any action taken by Taobao in response to your request will require a reasonable amount of time and may not prevent or mitigate the consequences of the aforesaid unauthorized access to or theft or loss of your Account. Taobao shall not be held liable except where there is a legal fault on Taobao's part.
4. Services of the Taobao Platforms and Specifications
[Service Overview] You have the right to engage in various activities on the Taobao Platforms, including browsing, wish listing, purchasing, and reviewing products and/or services, managing transaction disputes, and exchanging information such as Q&A and sharing. For a detailed list of services provided by Taobao, please visit and browse the Taobao Platforms.
4.1 Browsing and Wish list Products and/or Services
As you navigate our website or client applications, Taobao offers features such as categorization, keyword search, filtering, wish list, and following, to better meet your needs. You can wish list the products and/or services you are interested in and add them to the cart, and follow the stores/brands you are interested in.
4.2 Purchasing and Reviewing Products and/or Services
[Purchasing Products and/or Services] When buying products and/or services on the Taobao Platforms, you must carefully check key details such as the product name, price, quantity, model, specifications, size, or the timing, content, and limitations of services. You must also confirm your address, phone number, and recipient details when placing an order. If the recipient is not you, you will be responsible for any legal consequences that arise from the recipient's actions and decisions.
Your purchases should be based on actual consumption needs. Any behavior aimed at maliciously buying or claiming rights to disrupt the normal transaction process of the Taobao Platforms is not allowed. Taobao may, upon detection of the said malicious activities, take necessary actions, such as closing transaction orders, to maintain the order and security of transactions.
[Review] You have the right to review the goods and/or services you have purchased on the Taobao Platforms, using the Platform's review system. Please note that your reviews are public. If you prefer to keep your identity private, you may choose to post your reviews anonymously.
To ensure reviews are helpful and reflect the true quality of goods and/or services, your reviews should adhere to the Rules of the Taobao Platforms, be legitimate, objective, truthful, and directly related to the goods and/or services in question, and avoid including any foul language, explicit content, advertisements, or other information as prohibited by laws and this Agreement. You should not use reviews to unfairly boost others' reputations or to threaten or blackmail other users. Taobao reserves the right to take necessary action against any reviews that involve the aforesaid practices, according to Rues of the Taobao Platforms.
4.3 Transaction Dispute Resolution
[Methods for Handling Transaction Disputes] If you encounter a dispute with another user during a transaction on the Taobao Platforms, either you or the other party may choose from the following methods to resolve the dispute:
(1) independently negotiating with the other party;
(2) using the dispute mediation service provided by the Taobao Platforms;
(3) requesting for dispute mediation from China Consumers Association or any other mediation organizations legally established;
(4) complaining to the relevant administrative authorities;
(5) referring the dispute to an arbitration agency pursuant to the arbitration agreement reached with the other party for arbitration (if any); or
(6) filing an action with the Court of competent jurisdiction.
[Dispute Mediation Service] If you choose to use the dispute mediation service provided by the Taobao Platform as per the Platform Rules, you agree to accept and comply with the decisions made by the Platform's customer service or public reviewers (collectively referred to as "Mediators"). The Mediators, acting as independent third parties, make their decisions based on the information available about the dispute and in accordance with the Rules of the Taobao Platforms. Their decisions may include actions such as modifying the transaction status of the order involved, and determining whether all or part of the disputed funds should be awarded to one or both of the parties involved. Prior to a final decision from the Taobao Platforms, you may opt to pause the dispute mediation process and seek resolution through any of the methods specified in items (3), (4), (5), or (6) (collectively referred to as "Other Dispute Resolution Approaches").
If you are not satisfied with the mediation decision, you still have the right to resolve the dispute through Other Dispute Resolution Approaches, provided that you shall still perform the mediation decision before you obtain a final decision through Other Dispute Resolution Approaches.
4.4 Information Exchange
To facilitate user interaction and the sharing of shopping insights, you may use the Q&A, review, forums, groups, and other communication features provided by Taobao to publicly post comments, replies, messages, and bullet comments, give likes, and engage with other users. Information can be shared in the form of text, images, videos, live streams, emoticons, and symbols. You must ensure that all content that you publish adheres to applicable laws and this Agreement.
4.5 Trade Restrictions
For goods, services, software, and technology acquired through the Taobao Platforms (including software and technology provided by the Taobao Platforms), you commit to adhering to all applicable laws and regulations regarding import and export control, trade restrictions, and economic sanctions. To maintain the order and security of transactions on the Taobao Platforms, Taobao reserves the right to close related transactions and dispose of accounts as necessary upon detection of any breach of these laws and regulations.
4.6 Fees
Taobao incurs substantial costs in offering services on the Taobao Platforms. Currently, these services are provided to you at no charge, except where fees are explicitly stated. If Taobao introduces reasonable charges in the future, it will do so through appropriate legal procedures and notify you at a reasonable time in advance by the means as detailed in Article 8 of this Agreement, to ensure that you have adequate opportunity to make an informed decision.
4.7 Limitation of Liability
[Force Majeure and Third-Party Issues] While Taobao fulfills its fundamental safeguard obligations as mandated by law, it is not liable for breaches of contract caused by obstacles, defects, delays, or changes in performance arising from:
(1) force majeure factors such as natural disasters, strikes, riots, wars, government actions, and judicial and administrative orders;
(2) public service factors such as power supply failure and communication network failure or third party factors; or
(3) factors such as routine or emergency maintenance, equipment and system failures, and network information and data security issues that arise despite of Taobao's diligent management.
[Massive Information] Taobao only provides you access to the services on the Taobao Platforms. You should be aware that the information on the Taobao Platforms is posted by users themselves and may carry risks and imperfections. Taobao will do its utmost to safeguard your legal rights and interests and ensure a satisfactory experience on the platform by establishing relevant inspection and monitoring systems according to law. However, due to the massive amount of information on the Taobao Platforms and the nature of online environments where information about products or services is separated from the physical items, Taobao is unable to review each product and/or service or verify the quality, safety, legitimacy, authenticity, and accuracy of each product or service involved in transactions. You are advised to exercise careful judgment.
[Dispute Mediation Decision] You understand and agree that, in the dispute mediation process, the Mediators on the Taobao Platforms are not experts and will assess the evidence submitted by users from the perspective of an ordinary individual. Therefore, except in cases of deliberate misconduct or severe negligence, the Mediators shall not be held liable for the outcomes of their decisions.
5. Protection and Authorization of User Information
5.1 Protection of Personal Information
Taobao highly prioritizes the protection of users' personal information (i.e., data that can identify a user independently or in conjunction with other data. When you utilize services offered by Taobao, you consent to Taobao's collecting, storing, using, disclosing, and protecting your personal information in line with the privacy policy displayed on the Taobao Platforms. In instances where you use your Taobao Platform Account to log in to an Alibaba Platform website or client application which does not have an independent privacy policy, we will collect, store, use, disclose, and protect your personal information by adhering to the privacy policy applicable to the Taobao website. Taobao encourages you to thoroughly read the privacy policy (click here) to fully understand how your personal information is managed and to better safeguard your privacy rights.
5.2 Guarantee and Authorization of Non-Personal Information
[Information Disclosure] You affirm and warrant that you hold the appropriate and lawful rights to any information you publish. You also guarantee that the information you publish and your corresponding actions are in compliance with relevant laws, regulations, national mandatory standards, and this Agreement. You are responsible for managing the information you publish and must promptly remove any content that breaches applicable laws, regulations, or this Agreement. If you fail to do so, Taobao may delete or block such information in accordance with laws or this Agreement.
[Prohibited Information] You shall ensure that the information you publish does not include any of the following:
(1) Information that is false, misleading, or deceptive.
(2) Information that contains or promotes discrimination based on race, gender, religion, nationality, disability or age.
(3) Information that disseminates obscenity, pornography, gambling, violence, murder, or terrorism, or that encourages criminal behaviors.
(4) Information that insults or defames others, or infringes upon others' reputation, privacy, likeness, intellectual property, or other legal rights and interests.
(5) Information that involves violent threats or intimidation toward others.
(6) Information that may lead minors to imitate unsafe or morally objectionable behaviors, encourage harmful habits, infringe on their legal rights and interests, or damage their physical and mental health.
(7) Information that invades others' privacy or involves unauthorized capturing or recording of individuals, thereby infringing upon their rights.
(8) Information that spreads excessive marketing or spam.
(9) Comments in languages other than those commonly used on the corresponding website.
(10) Information that is meaningless or uses character combinations to bypass technical review.
(11) Use of exaggerated headlines that do not accurately reflect the content.
(12) Information that sensationalizes scandals, rumors, or misdeeds.
(13) Inappropriate commentary on natural disasters, major accidents, or other catastrophes.
(14) Information that promotes or glorifies vulgarity, triviality, or the pursuit of wealth.
(15) Information that involves terror, violence, or high-risk actions that endanger the mental or physical health of the performer or others. This includes, but is not limited to: depictions of suicide, self-harm, or violent behavior; content that threatens life or health, or involves the use of dangerous implements such as knives, potentially endangering individuals or their property rights; and content that encourages or persuades others to engage in dangerous or illegal activities that could cause personal injury or death.
(16) Impersonating others or misusing another person's name to use Taobao software services or disseminate information, or maliciously using registered accounts to mislead other users.
(17) Information containing malware, such as viruses, Trojan virus, or crawlers, that could damage, alter, delete, or affect the normal operation of Taobao systems, or gain unauthorized access to the data of Taobao or other users.
(18) Any other content that adversely affects the online ecosystem or is prohibited by laws and administrative regulations.
[Authorization for Use] When you provide, post, or generate non-personal information such as text, images, videos, and audio on the Taobao Platforms, the intellectual property rights in or image rights of such information do not transfer by the act of uploading or posting, unless explicitly stated otherwise. To the extent permitted by law, you grant Taobao, its Affiliated Companies, and Alipay a free, non-exclusive, unlimited geographical license to use such information. This includes storing, using, copying, modifying, editing, publishing, displaying, translating, distributing the information, creating derivative works, or incorporating it into other works using any existing or future formats, media, or technologies. You also allow us to sublicense these rights to third parties, and to initiate legal actions and gather evidence against third-party infringements under our own name.
For easier use of the Alibaba Platforms, Alipay, and other related services, you authorize Taobao to share the information you provide or generate during your Account registration and while using services of the Taobao Platforms with the Alibaba Platforms, Alipay, and other related service providers. You also consent to our receiving from these providers the information that you provide or generate while registering accounts on these platforms and using their services.
5.3 Complaints and Reports
If you discover any illegal activities, dissemination, or content while using Services of the Taobao Platforms, you can reach Taobao Customer Service to report these issues or report through Email (jubao.tb@service.taobao.com)", or via other methods displayed on the Taobao Platforms. Taobao will promptly address your complaints and reports in accordance with applicable laws.
6. Breach of Contract and Treatment
6.1 Breach Determination
You are deemed to have breached this Agreement if:
(1) you violate relevant laws and regulations while using Services of the Taobao Platforms; or
(2) you violate the provisions of this Agreement or the supplementary agreements (as stipulated in Article 2.2).
To keep pace with e-commerce evolution and to fulfill the demand for high-quality, efficient services, you understand and agree that Taobao may establish procedures and standards for identifying breaches within the Rules of Taobao Platforms. For instance, Taobao may determine a breach based on how your user data compares to that of other users; you must fully substantiate and reasonably explain any irregularities in your data to avoid being deemed in breach of this Agreement.
6.2 Countermeasures for Breach of Contract
[Information Handling] If the information you post on the Taobao Platforms constitutes a breach of contract, Taobao may immediately delete or block such information according to the relevant rules.
[Behavior Restrictions] If your behavior on the Taobao Platforms, or behavior conducted on any other platform impacting the Taobao Platforms and their users, constitutes a breach of contract, Taobao may take actions such as deducting points from your Account, suspending partial or full services, or charging a penalty fee according to the rules. If your behavior constitutes a fundamental breach of contract, Taobao may seize your Account and terminate the services provided to you.
[Alipay Account Handling] If your breach involves actions such as fraud, selling counterfeit items, or unauthorized use of others' Account, or if your actions jeopardize the transaction or account security of others, Taobao will instruct Alipay or associated payment institutions to implement compulsory measures such as prohibiting your payment account from receiving money and making payments, based on the severity of your actions.
[Disclosure of Handling Results] Taobao may disclose on the Taobao Platforms the information about the countermeasures for your aforementioned breach of contract, and other information on your non-compliance confirmed by the effective legal instrument issued by national administrative or judicial organs.
6.3 Liability for Damages
If your actions result in any loss to Taobao and/or its Affiliated Companies, or Alipay, including direct financial losses, goodwill impairment, and indirect losses such as compensation, settlement payments, attorney fees, and litigation costs, you shall be liable for all such losses sustained by Taobao and/or its Affiliated Companies, and Alipay.
If your actions lead to third-party claims against Taobao and/or its Affiliated Companies, or Alipay, we may recover the full amount of our losses from you after we assume our obligations such as monetary payment to the third party.
If your actions cause harm to a third party or if you fail to adhere to mediation decisions, Taobao and/or its Affiliated Companies, aiming to protect the public interest, may instruct Alipay to deduct the necessary funds from your Alipay Account. If your Alipay balance or security deposit is insufficient to cover these payments, you agree to authorize Taobao to use its funds to make these payments on your behalf, and you shall reimburse Taobao for these amounts and compensate for any resulting losses.
You agree that Taobao may instruct Alipay to deduct the needed amounts from your Alipay Account for these compensations. If your Alipay balance is insufficient to cover these costs, Taobao and/or its Affiliated Companies may directly offset your rights and interests under other agreements you enter into with Taobao and/or its Affiliated Companies and may pursue further compensation from you.
6.4 Special Covenants
[Commercial Bribery] If you provide any employees or consultants of Taobao or its Affiliated Companies with physical gifts, cash, cash equivalents, labor services, tours and other interests with a value obviously beyond the scope of normal business negotiation, your behavior will be regarded as commercial bribery. In such cases, Taobao may immediately terminate all cooperation with you and impose a fine and/or demand compensation against you. The amount will be determined based on the economic and reputational damage Taobao incurs due to your bribery.
[Related Actions] If Taobao terminates this Agreement due to a severe breach on your part, to safeguard the platform order and consumer rights, Taobao and/or its Affiliated Companies may suspend or terminate any cooperation you have under other agreements. You will be notified of such actions in accordance with Article 8 of this Agreement.
If other agreements between you and Taobao or its Affiliated Companies, or between you and Alipay, clearly stipulate the circumstance in which your cooperation hereunder shall be subject to related actions, Taobao may, for the purpose of maintaining the platform order, suspend or terminate this Agreement upon receiving instructions, and notify you in the manner agreed in Article 8 hereof.
7. Modifications of the Agreement
Taobao may modify this Agreement and supplementary agreements from time to time based on changes in applicable national laws and regulations and the need to maintain transaction order and protect consumers' rights and interests, and will notify you of the changed agreement and supplementary agreements (hereinafter referred to as "Changes") in the manner agreed in Article 8 hereof through legal procedures.
If you do not consent to the Changes, you have the right to contact Taobao and provide feedback prior to the effective date of the Changes. If your feedback is adopted, Taobao will adjust the Changes when appropriate.
If you still disagree with the Changes that have taken effect, you shall stop using Services of the Taobao Platforms from the specified effective date of the Changes, and the Changes are not binding upon you. Your continued use of Services of the Taobao Platforms after the Changes take effect shall be deemed as your consent to the effective Changes.
8. Notice
8.1 Valid Contact Information
When you register as a Taobao Platform user and accept Services of the Taobao Platforms, you shall provide Taobao with true and effective contact information (including your email address, phone number, and address). If your contact information changes, you are obligated to promptly update the relevant information and make sure that you can be contacted.
The member Account (including sub-account) generated when you registered as a user of a Taobao Platform and used to log in to the Taobao Platform to receive internal messages, system messages, and instant messages is also your effective contact method.
Taobao will send you various notifications to one or several of your aforementioned contact methods, and the content of such notifications may have a significant beneficial or adverse impact on your rights and obligations. Please pay attention to it in a timely manner.
You have the right to obtain commercial information such as advertisements and promotional offers on products in which you are interested through the mobile phone number or email address you provide at the time of registration. If you are unwilling to receive such information, you may unsubscribe to it through the unsubscribing function Taobao provides.
8.2 Service of Notices
Taobao sends you notices through the aforementioned contact information. Written notices sent electronically (including but not limited to announcements on the Taobao Platforms, SMS sent to the contact number provided by you, emails sent to the email address provided by you, AliWangwang messages, system messages, and internal messages sent to your Account) shall be deemed to have been served on you once transmitted successfully. Written notices issued through a paper-based carrier shall be deemed to have been served on you on the fifth calendar day after it is mailed to the contact address provided.
For any disputes arising from trading activities on the Taobao Platforms, you agree that the judicial authorities (including but not limited to the court with jurisdiction )can serve you legal documents (including but not limited to litigation documents) via SMS, email, IM, or other modern communication or mail methods. The mobile phone number, email address, or IM account you designate for receiving legal documents are the mobile phone number and email address you provided when registering and updating with the Taobao Platforms, and the IM account generated when registering to be a user of a Taobao Platform. The legal documents issued by the judicial authorities to the above contacts shall be deemed to have been served. The mailing address you specify is your legal contact address or the valid contact address you provide.
You agree that the judicial authorities may use one or more of the above service methods to serve you legal documents. When the judicial authorities use multiple methods to serve you legal documents, the earliest served one shall be deemed as the time of documents being served.
You agree that the above method of service is applicable to all stages of judicial proceedings, such as legal proceedings including but not limited to the first instance, second instance, retrial, execution, and admonitory proceedings.
You shall ensure that the contact information provided is accurate, effective, and updated in real time. If the provided contact information is inaccurate, or you have not notified us the changed contact information in a timely manner, and thus the legal documents cannot be delivered or are not delivered in a timely manner, you shall bear the legal consequences that may arise.
9. Termination of the Agreement
9.1 Circumstances of Termination
[Termination by the User] You have the right to terminate this Agreement in any of the following manners:
(1) When you meet the account cancellation conditions raised by the Taobao platform (you can view the specific account cancellation conditions through " My Taobao>Settings>Account and Security> Account Cancel "), you cancel your account according to the prompts on the page;
(2) You stop using the services and explicitly state your unwillingness to accept the Changes before the Changes take effect.
(3) You explicitly express that you do not wish to continue using Services of the Taobao Platforms and meet the conditions for termination of the Taobao Platforms.
[Termination by Taobao] Taobao may notify you of terminating this Agreement by means stipulated in Article 8 hereof in any of the following circumstances:
(1) Taobao terminates this Agreement according to the breach clause hereof as you violate the provisions of this Agreement;
(2) You steal others' Accounts, publish prohibited information, defraud others of their property, sell fakes, disrupt market order, take improper means for profit, and conduct other improper behaviors. Therefore, Taobao seizes your Account in accordance with the Rules of the Taobao Platforms;
(3) In addition to the above circumstances, Taobao seizes your account in accordance with the Rules of the Taobao Platforms due to your repeated and serious violations of these rules.
(4) Your account is revoked by Taobao in accordance with this Agreement;
(5) You have committed fraud, published or sold counterfeit or infringing goods on Alipay or Alibaba's Platforms, infringed on the legal rights and interests of others, or performed other behaviors with serious violations of the law or this Agreement; or
(6) Other circumstances under which the services shall be terminated.
9.2 Processing upon Termination of the Agreement
[Disclosure of User Information] Upon termination of this Agreement, Taobao has no obligation to disclose any information pertaining to your Account to you or a third party designated by you, unless expressly stipulated by law.
[Rights of Taobao] Upon termination of this Agreement, Taobao still has the following rights:
(1) continue to keep all kinds of information listed in Article 5 hereof that you have retained on the Taobao Platforms; and
(2) hold you accountable for your past breaches of contract in accordance with this Agreement.
[Transaction Processing] Upon termination of this Agreement, Taobao may inform the counterparties involved in your transactions that occurred during the term of this Agreement, and determine whether to close such transactions based on the intention of the counterparties. If the counterparties wish for these transactions to continue, you must fulfill the orders in accordance with this Agreement. You shall be responsible for any resulting losses or additional costs.
10. Governing Laws, Jurisdiction, and Miscellaneous
[Governing Laws] This Agreement is governed by the laws of the People’s Republic of China. If the law provides no relevant guidelines, commercial practices and/or industry practices shall apply.
[Jurisdiction] Disputes arising from or related to the use of Services of the Taobao Platforms shall be resolved through friendly negotiation between the parties. If the dispute cannot be resolved, either party may bring a suit to the court with jurisdiction in the place where the defendant is located.
[Severability] Where any provision of this Agreement is deemed to be annulled, invalid, or unenforceable, such provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions hereof.
