1688 Platform Service Terms
Version No.: 2023 V1
Effective as of September 25, 2023
Thank you (“you/your/yours” or “User”) for entering into these 1688 Platform Service Terms (these “Terms”) with Hangzhou Alibaba Advertising Co., Ltd. (“1688”). The terms and conditions of these Terms apply to your use of the various services provided by 1688 to you through the 1688 website, its applications and otherwise (including new service forms emerging along with technological development) based on the Internet.
These Terms are the amended version of 1688 Platform Service Terms. From the date of publication of these Terms, all references to “1688 Platform Service Terms” on 1688 Platform shall refer to these Terms.
Article 1 Acceptance of Terms
1.1 These Terms consist of the text hereof and all the rules that 1688 has published or may publish in the future and informs you by reasonable means. All the rules are an integral part of these Terms and shall have the same legal effect as the text hereof.
1.2 Before clicking to accept these Terms, you are required to carefully read and fully understand each clause hereof, especially those on exemption or limitation of liability, governing law and dispute resolution. The clauses on exemption or limitation of liability are marked in bold and/or underlined to draw your attention. If you have any question about these Terms, you may log in to 1688 Service Center at https://114.1688.com for clarification from 1688 Customer Service.
1.3 In order for you to register a 1688 account and use 1688 Services, you shall click to accept these Terms, provided that you shall carefully read, fully understand and agree to the Service Agreement for Taobao Platform and the Taobao Privacy Policy.
1.4 Once you complete the information following the instructions on the registration page, read and accept these Terms and complete all registration procedures, or you log in to 1688 Platform and use 1688 Services in any manner, you will be deemed that you have fully read, understood and accepted all the terms and conditions hereof. In the course of reading these Terms, please stop your registration and stop using 1688 Services immediately if you disagree with these Terms or any clause hereof.
Article 2 Definitions
2.1 “1688 Platform” means the Business-to-Business (B2B) online platform for information publication and transaction operated by 1688, including the 1688 website (with the domain names being Alibaba.com.cn, alibaba.cn and 1688.com, the same below) and its applications.
2.2 “1688” means Hangzhou Alibaba Advertising Co., Ltd., the operator of 1688 Platform.
2.3 “1688 Services” means the various services provided to you by 1688 based on the Internet through the 1688 website, its applications and otherwise (including new service forms emerging along with technological development).
2.4 “1688 Platform Rules” means all rules, interpretations, announcements, and other contents published or to be published in the 1688 Platform rule channel (with the domain name being rule.1688.com), as well as all rules, implementing regulations, product process descriptions, announcements, and other contents published by 1688 through forums, help centers and otherwise.
2.5 “Alibaba Platforms” means the websites and applications of 1688 Platform, taobao.com, tmall.com, etao.com, ju.tmall.com, alimama.com, alitrip.com, alibaba.com and aliexpress.com.
2.6 “Alipay” means Alipay.com Co., Ltd., the provider of Alipay services.
2.7 “Affiliate” means an operator of an Alibaba Platform other than 1688, and “Affiliates” means such operators collectively. For a list of the Affiliates of 1688 Services providers as disclosed by Alibaba Group Holding Limited in its latest annual report, please click here.
Article 3 Scope of Terms
3.1 Parties
These Terms are executed between, and have equal contractual effects on, you and 1688.
3.2 Supplementary Terms
Owing to the rapid development of the Internet, the clauses of these Terms between you and 1688 may not exhaustively set out and cover all the rights and obligations of you and 1688 and the existing provisions may not guarantee complete satisfaction of demands for future development. Therefore, the Legal Notice, the 1688 Platform Privacy Policy, and the 1688 Platform Rules are all supplementary terms to, constitute an integral part of and have the same legal effect as, these Terms. If you use 1688 Services, it shall be deemed that you have agreed to the abovementioned supplementary terms.
Article 4 Registration and Use of Account
4.1 User Qualification
4.1.1 You undertake that when you complete the registration on 1688 Platform or actually use 1688 Services in such other manner as allowed by 1688, you shall have the corresponding capacity for civil conducts as provided in the laws of the People’s Republic of China. Otherwise, you and your guardian shall bear the relevant consequences arising therefrom in accordance with laws, and 1688 has the right to terminate the provision of 1688 Services to you and close your account. If you register with 1688 Platform for and on behalf of a company or other legal entity, you represent and warrant that you have the right to bind such company or legal entity to these Terms.
4.1.2 You shall also ensure that you are not the subject of any trade restrictions or sanctions imposed by, or of any other restrictions under laws or regulations of, any country, international organization or jurisdiction; otherwise, you may be unable to register with 1688 and use 1688 Services normally.
4.2 Account Registration
4.2.1 By completing your information following the instructions on the registration page or activation page, reading and accepting these Terms, and completing all registration or activation procedures, or by actually using 1688 Services in such other manner as allowed by 1688, you represent that you agree to be bound by these Terms. You may use the email address or mobile phone number provided or confirmed by you or other means allowed by 1688 for login to 1688 Platform.
4.2.2 You understand and agree that you will have your Alipay login name (“Account”) if you complete the registration procedures first with 1688 Platform in Alibaba ecosystem. You can directly log in to Alipay and Alibaba Platforms that allow login through Alipay login name using your Alipay login name without opening an account separately with them. However, if you registered the Account before March 18, 2013, or if the email address or mobile phone number you use to register the Account has been registered or used in any other Alibaba Platforms, the function of login using Alipay login name above will not be activated at the time of your registration by default.
4.2.3 As your account is associated with your information and commercial information of 1688 Platform, your Account shall only be used by yourself. Without 1688’s consent, any authorization by you, whether direct or indirect, to third parties for them to use your Account or to obtain information in relation to your Account shall be invalid. If 1688 determines based on the operations under your Account and other circumstances that your use of the Account may endanger the security of your Account and/or 1688 Platform, 1688 may reject the provision of 1688 Services to you or terminate these Terms in relation to you.
4.3 Account Transfer
As your Account is associated with your credit information, you may transfer the Account only when such transfer falls under the relevant circumstances provided by laws, is required by judicial decision, or is approved by 1688, and such transfer shall follow the account transfer procedures under the 1688 Platform Rules. The rights and obligations under your Account shall be transferred along with the transfer of your Account. Except for the circumstances above, your Account shall not be transferred in any way; otherwise, 1688 shall have the right to hold you liable for breach, and any liability arising therefrom shall be borne by you.
4.4 Real Name Authentication
In order for you to better use the 1688 Services and safeguard the security of your Account, 1688 may request you to complete real name authentication in accordance with state laws and regulations.
4.5 Revocation of Inactive Account
Your Alipay login name may be revoked and you may not be able to log in to any Alibaba Platform, and all the services of Alibaba Platforms to you will be terminated, if:
(I) you fail to pass the real name authentication in accordance with the applicable state laws and regulations and the requirements of 1688;
(II) you have not logged in to 1688 Platform or any other Alibaba Platform using your email address, mobile phone number or other means and passwords allowed by 1688 in the past 6 consecutive months; or
(III) there is no business between Alibaba Platform and you that has not expired.
4.6 Management of Registration Information
4.6.1 During the registration or activation, you shall provide your information accurately and completely in accordance with the instructions on the corresponding pages of 1688 Platform, and update the same in a timely manner to ensure that such information is true, up-to-date, complete and accurate at all times. Where 1688, as the provider of 1688 Services, is expressly required by state laws and regulations to verify user information (for example, seller information), 1688 will review and verify your information from time to time pursuant to law, in which case you shall cooperate and provide the up-to-date, true, complete and valid information.
4.6.2 If 1688 cannot reach you with the latest information provided by you, or you fail to provide information in a timely manner as requested by 1688, or the information provided by you is apparently untrue or is invalid as determined by administrative or judicial authorities, you shall bear all the losses and adverse consequences so caused to you, others and 1688. 1688 may send you a notice for inquiry or rectification and for your authentication again, and may even suspend or terminate the provision of 1688 Services, in part or in whole, to you without any liability unless otherwise expressly provided by law.
4.6.3 The login name and nick name set by you under the Account shall not be in violation of state laws and regulations or the 1688 Platform Rules; otherwise, 1688 may revoke your login name and nick name and take corresponding measures in accordance with the 1688 Platform Rules.
4.7 Account Security
4.7.1 Your Account information shall be managed and kept by you on your own and in no event will 1688 request you to provide your Account password. Therefore, you are advised to keep your Account properly and make sure to log out of and leave 1688 Platform following correct steps at the end of your use thereof. 1688 will not bear any losses or consequences caused by your disclosure of your Account information or by any attack, fraud or other acts of third parties in respect of the Account, and you shall recover the same from the infringer through judicial or administrative means.
4.7.2 In the absence of fault of 1688, you shall be responsible for the consequences of all operations under your Account (including but not limited to on-line execution of various agreements, publishing and disclosure of information, price inquiry/quotation, and purchase of products and services).
4.7.3 If you become aware of any unauthorized use of your Account for logging in to 1688 Platform or other circumstances that may lead to theft or loss of your Account, you are advised to inform 1688 immediately and authorize 1688 to share such information with Alipay and Alibaba Platforms. You understand that it takes a reasonable period of time for 1688 to take actions in response to your request, and that the actions so taken by 1688 may not be able to avoid or prevent the occurrence or escalation of the detrimental consequences, and that 1688 will not bear any liabilities therefor unless it is in fault under law.
Article 5 Services and Regulations
You may receive the services including but not limited to store management, quotation, sales, promotion, price inquiry, purchase and review of products and/or services, and dispute settlement on 1688 Platform. 1688 provides a number of services. For details, please visit 1688 Platform.
5.1 Store Management
5.1.1 You may publish information of products and/or services and enter into transactions with other users by opening a store on 1688 Platform.
5.1.2 Due to the indivisibility of a store and an account on 1688 Platform, the transfer of a store is in effect the transfer of the account of the store operator. For requirements and restrictions on transfer of store, Article 4.3 (Account Transfer) shall apply mutatis mutandis.
5.1.3 If you close your store temporarily by removing all the products in your store, you shall continue to be responsible for the transactions concluded prior to such temporary closure in such aspects as delivery, dispute settlement and complaint handling.
5.2 Quotation, Sale and Promotion of Products and/or Services
5.2.1 Through 1688 Services, you may publish information on products and/or services in the form of texts, pictures and otherwise, make quotations, and solicit and select customers to make a deal on 1688 Platform.
5.2.2 You shall ensure that you have the corresponding rights to the products and/or services you publish on 1688 Platform, and shall not provide on 1688 Platform any product and/or service that:
(I) is prohibited or restricted by the state;
(II) infringes upon the intellectual property rights or other legitimate rights and interests of others; or
(III) is specified in the 1688 Platform Rules, announcements, notices or any separate agreements entered into by and between you and Alibaba Platforms as not suitable for sale/provision on 1688 Platform.
5.2.3 You shall abide by the principles of good faith and integrity by ensuring that the product and/or service information you publish is true and consistent with the ones you actually sell and/or provide, and effectively fulfilling your transaction commitments in the transaction process. You shall maintain the good order of market competition on 1688 Platform, and shall not belittle or defame competitors, or interfere with any transaction or activity on 1688 Platform, or increase or attempt to increase your credibility in any improper way, or interfere with or attempt to interfere with the normal operation of 1688 Platform in any way.
5.2.4 You have the right to decide the marketing and promotion method of your products and/or services at your discretion, while 1688 makes available a number of marketing and promotion tools to you. Your marketing and promotion shall conform to the applicable state laws and regulations and the requirements of 1688 Platform.
5.2.5 Paying taxes in accordance with the law is the obligation of every citizen and enterprise. You shall make declaration and pay taxes to the tax authorities in full and on time for the portion of your sales volume/turnover exceeding the statutory tax exemption amount in accordance with laws and regulations.
5.3 Price Inquiry, Purchase and Review of Products and/or Services
5.3.1 When making price inquiries of and purchasing products and/or services on 1688 Platform, 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 you purchase, and check your contact address, mobile phone number, consignee and other information when placing a purchase order. If the consignee is not yourself, all the legal consequences arising from the acts and declarations of intentions of such consignee shall be borne by you.
5.3.2 You fully understand and acknowledge that 1688 Platform is a commercial trading platform rather than a consumer-oriented purchasing market, and therefore your price inquiry and purchase shall be based on real demand, and you shall not make malicious price inquiry or purchase of products and/or services, initiate malicious enforcement procedures, or take other actions that will disturb the normal transaction order of 1688 Platform. 1688 may at its discretion close the relevant transaction orders or take other measures upon identification of any of the above circumstances, so as to maintain the order and security of transactions on 1688 Platform.
5.3.3 You have the right to leave a review of the products and/or services provided by other users who have entered into transactions with you in the review system of 1688 Platform. All your reviews shall be subject to the 1688 Platform Rules, and the contents of such reviews shall be objective and true without any obscene, pornographic or vulgar wording, advertising information or other information that is prohibited to be published by laws and regulations or these Terms. You shall neither help others increase credibility in any improper way, nor use your right to make review to threaten or blackmail other users. 1688 may delete or block the reviews from you made as a result of any aforesaid action in accordance with the 1688 Platform Rules.
5.3.4 If the products and/or services that you have made a price inquiry for or purchased on 1688 Platform are for export:
5.3.4.1 You undertake to comply with all applicable laws and regulations relating to import and export control, trade restriction and economic sanction. Otherwise, 1688 may cease to provide 1688 Services to you upon becoming aware of such breach.
5.3.4.2 You shall ensure that you are not the subject of any trade restrictions, economic sanctions or other restrictions under laws and regulations administered by any country, region or international organization, nor do you directly or indirectly provide funds, goods or services to any such subject; otherwise, you shall cease to use 1688 Services. In addition, you understand that breach of the foregoing requirements may render you unable to register with 1688 and use 1688 Services normally.
5.3.5 With respect to the goods, services, software and technology obtained by you through Alibaba Platforms, you undertake to comply with all applicable laws and regulations relating to import and export control, trade restriction and economic sanction, including sanction resolutions, laws and regulations enacted and implemented by the United Nations Security Council, China, the United States and any other countries. In the event that you breach any of the undertakings above, 1688 may terminate its provision of 1688 Services to you, close the relevant transaction orders at its discretion, and dispose of your Account upon becoming aware of the same, so as to maintain the order and security of transactions.
5.4 Settlement of Disputes over Transactions
5.4.1 You may enter into transactions with other users through the transaction methods allowed by 1688 Platform in accordance with the relevant transaction and payment rules. You understand and acknowledge that 1688 Platform only serves as a platform for users to look for deals, bargain on transaction of goods and services and obtain the services in connection with the transaction, and that 1688 will neither participate in, nor be involved in any legal relationship or legal dispute arising from, transactions between users.
5.4.2 In case any dispute over transaction on 1688 Platform arises between you and the relevant 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 provided by 1688 Platform;
(III) filing a complaint to the relevant administrative authority;
(IV) submitting the dispute to the arbitral body for arbitration in accordance with the arbitration agreement between them (if any); and/or
(V) filing a lawsuit with the competent people’s court.
5.4.3 By using the dispute mediation service of 1688 Platform in accordance with the 1688 Platform Rules, you represent that you accept and are willing to perform the mediation decision (including without limitation altering the transaction status of the order in dispute, determining payment of all or part of the disputed amount to either or both parties to the transaction, and enforcing the payment of compensation by deducting the relevant amount from the deposit) made by the customer service personnel of 1688 Platform, as an independent third party, based on the facts of the dispute known by them and in accordance with the 1688 Platform Rules. Before 1688 Platform makes the mediation decision, you may choose other methods set forth above to settle the dispute and suspend the dispute mediation service of 1688 Platform. If you are not satisfied with the mediation decision, you still have the right to choose other dispute settlement method to settle the dispute, provided that you shall perform the mediation decision until a final decision is made through such other dispute settlement method.
Article 6 Fees
6.1 To provide you with 1688 Services on 1688 Platform, 1688 has invested a large amount of money. Currently, except for the charging items as expressly provided on 1688 Platform, 1688 Services are free of charge. For any reasonable fees that 1688 may charge you in the future, 1688 will notify you in advance through legal procedures in an effective and reasonable manner as agreed in these Terms, so that you may have sufficient time to make your choice.
6.2 You shall bear all the taxes payable arising from your transactions on 1688 Platform, obtaining of paid 1688 Services or connection to 1688 servers, as well as the relevant expenses related to hardware, software, communications, network services and other items.
Article 7 Limitation of Liability
7.1 1688 will perform the basic obligations to secure 1688 Services in accordance with laws, provided that 1688 will not be liable for breach in the case of any impediment to, or defect, delay or change in, its performance of these Terms due to:
(I) force majeure such as acts of God, strikes, riots, wars, government acts and judicial or administrative orders;
(II) failures in power supply, communication networks and other public services, or factors relating to third parties; or
(III) routine or emergency equipment and system maintenance, equipment and system failure, network information and data security, provided that 1688 has performed management obligations in good faith.
7.2 1688 only provides to you the 1688 Services agreed hereunder, and you understand that the information on 1688 Platform is published by users on their own, and may be associated with risks and defects. 1688 will try its best to protect your legitimate rights and interests and pleasant experience on 1688 Platform by establishing relevant inspection and monitoring systems in accordance with laws. However, given the vast amount of information on 1688 Platform and the characteristic that information and physical articles are separated under the information network, it is impractical for 1688, as an online trading platform, to check each piece of information on products and/or services or the quality, safety, legitimacy, truthfulness and accuracy of each product and/or service traded. Therefore, you are advised to make prudent decisions, and to promptly contact or complain to 1688 if you identify any detrimental information or act, which will in turn be dealt with by 1688.
7.3 You understand and agree that the customer service personnel of 1688 Platform performing dispute mediation services are not professionals and can only make decision based on the evidence submitted by users with the knowledge of ordinary people, and that 1688 does not guarantee that the dispute mediation decision will meet your expectations and unless expressly provided by law and except for any willful act or gross negligence, 1688 shall not be held liable for any dispute mediation decision.
Article 8 Protection and Authorization of User’s Information and Regulated Information Publication
8.1 Protection of Personal Information
1688 attaches great importance to the protection of users' personal information (i.e., information which may, independently or in combination with other information, identify a user). During your use of 1688 Services, you agree that 1688 may collect, store, use, disclose and protect your personal information in accordance with the Privacy Policy published on 1688 Platform. 1688 intends to clearly introduce to you the way it processes your personal information through the Privacy Policy. Therefore, you are advised to read the whole text of the Privacy Policy (click hereor the URL at the bottom of 1688 Platform’s website homepage) so that you can better protect your privacy.
8.2 Regulated Information Publication and Authorization of Non-Personal Information
8.2.1 You shall be responsible for all activities under your Account, including any contents published by you and any consequences thereof, and shall bear all risks associated with your use of the contents, including those arising from reliance on the accuracy, completeness or practicability of the contents.You shall use 1688 Services in compliance with laws and regulations, and may not produce, reproduce, publish, disseminate or comment on any information or engage in acts related thereto, or facilitate any of the foregoing, if such information:
(I) violates any prohibitive provision of state laws and regulations;
(II) jeopardizes national security, divulges state secrets, subverts state power, or sabotages national unity;
(III) damages national honor or interest;
(IV) incites ethnic hatred or discrimination, or undermines ethnic solidarity;
(V) is detrimental to national religious policies, or propagates evil cults or superstition;
(VI) spreads rumors, disturbs public order, or sabotages social stability;
(VII) propagates obscenity, eroticism, gambling, violence or terror, or instigates crimes;
(VIII) is fraudulent, false, inaccurate or misleading;
(IX) infringes upon others’ intellectual property right or involves a third party’s trade secret or other proprietary right;
(X) involves insult, defamation, menace or others’ privacy or otherwise infringes upon the legitimate rights and interests of others;
(XI) contains virus, Trojan, worm or other malware or program code which may jeopardize, tamper with, delete or affect the normal operation of any systems of 1688 Platform or secretly obtain the data and personal information of 1688 Platform or other users without authorization;
(XII) is in contravention of the “seven base lines” (i.e., the laws and regulations, the socialist system, the national interests, the citizens’ legitimate rights and interests, the public order, the social morality, and the truthfulness of information); or
(XIII) is otherwise in contravention of social public interests or public morals, or inappropriate for publication on 1688 Platform pursuant to any agreements with or rules of 1688 Platform.
8.2.2 You represent and warrant that you have corresponding legitimate rights to the information published by you. Otherwise, 1688 may delete or block the information published by you in accordance with laws or these Terms.
8.2.3 No right (including without limitation intellectual property right and portrait right) in or to any non-personal information (including without limitation texts, images, videos and audios other than those containing personal information) provided or published by you or generated during your use of 1688 Services will be transferred due to your upload, publication or otherwise. Unless otherwise expressly specified by 1688, to the extent permitted by law and for the term of protection provided by law, you grant 1688 and its Affiliates and Alipay a royalty-free, non-exclusive, geographically unlimited and sublicensable license to store, use, reproduce, modify, edit, publish, display, translate, distribute or create derivative works of your non-personal information, and to incorporate the foregoing into other works using any form, media or technology, existing or developed in the future, and you authorize them to collect evidence and file lawsuit against infringement by any third party in their own name.
8.2.4 For the purpose of facilitating your use of Alibaba Platforms, Alipay and other relevant services, you authorize 1688 to transfer the information provided and generated in your Account registration and use of 1688 Services to Alibaba Platforms, Alipay and other relevant service providers, or to obtain from them the information provided and generated in your registration for and use of relevant services.
Article 9 Breach by User and Penalties
9.1 Determination of Breach
You shall be deemed to be in breach if you:
(I) violate any applicable laws or regulations when using 1688 Services; or
(II) breach these Terms or supplementary terms hereto.
To accommodate the development of e-commerce and meet the demand of mass users for efficient and quality services, you understand and agree that 1688 may specify the procedures and standards for determination of breach in the 1688 Platform Rules. For example, 1688 may determine whether you have committed a breach by comparing your user data with mass user data, and you are obliged to provide sufficient evidence or give reasonable explanation with respect to your abnormal data; otherwise, you shall be deemed to have committed a breach.
9.2 Penalties for Breach
9.2.1 Where publication of information by you on 1688 Platform constitutes a breach, 1688 may, at its sole discretion and in accordance with the applicable rules, immediately delete or block such information or take down, remove or regulate your products, and may suspend or terminate the provision of 1688 Services to you as appropriate.
9.2.2 Where your act on 1688 Platform or your act elsewhere with an impact on 1688 Platform and its users constitutes a breach, 1688 may, in accordance with the applicable rules, impose penalties on you, including without limitation deducting Account points, restricting your participation in marketing campaigns, suspending the provision of part or all of 1688 Services to you, and claiming liquidated damages. Where your act constitutes a material breach, 1688 may close your Account and terminate the provision of 1688 Services to you.
9.2.3 Where your breach involves fraud, sale of counterfeit commodities, misappropriation of other user’s account or other specific circumstances, or where you may endanger the security of others’ transactions or accounts, 1688 will instruct Alipay to take such compulsory measures as cancellation of payment collection and stop of payment against your Alipay account (and any Alipay account linked to your Account, same below) depending on the risk level of your act.
9.2.4 1688 may publish on 1688 Platform the information in respect of the penalties imposed regarding your breach above and other information relating to your violation of law as confirmed by effective legal documents issued by national administrative or judicial bodies.
9.3 Compensation
9.3.1 If your act causes any losses to 1688 and/or its Affiliate or Alipay, you shall be liable for compensation under these Terms. Specifically, you shall compensate 1688 and/or its Affiliate or Alipay against such losses including:
(I) the reasonable attorney’s fees, litigation fees and necessary expenses incurred for elimination of impact paid thereby;
(II) the fines, liquidated damages or compensation paid thereby as a result of any administrative penalty, judicial decision, mediation to the extent statutorily permitted or otherwise;
(III) the loss of goodwill and reasonably anticipated profit (such as lost members, reduced consumption and lowered frequency of consumption of members and reduced revenue of store operators), the specific amount of which may be calculated on the basis of relevant estimation criterion derived from the independent rational analysis of third parties, 1688’s reasonable analysis based on big data, and other reasonable methods for calculation of revenue and loss; and
(IV) any other losses suffered thereby.
9.3.2 If a third party claims against 1688 and/or its Affiliates or Alipay due to your act, 1688 and/or its Affiliates or Alipay may recover all losses from you after its/their monetary payment or fulfillment of other obligations to the third party.
9.3.3 If your act causes any losses to a third party or you neglect to perform any dispute mediation decision, you authorize and agree that 1688 and/or its Affiliates may instruct Alipay to deduct the corresponding amount from your Alipay account to make payment for the purpose of protecting public interests or the legitimate rights and interests of other users. If the balance or deposit in your Alipay account is insufficient to cover the payment, you authorize that 1688 shall have the right (but not the obligation) to use its own funds to make such payment on your behalf, and you shall reimburse such amount and compensate 1688 for all losses so suffered.
9.3.4 You agree that 1688 may instruct Alipay to deduct the corresponding amount from your Alipay account to pay the above compensation. If the amount in your Alipay account is insufficient to cover such compensation, 1688 and/or its Affiliates may directly offset any amounts payable and/or entitlements available to you under other agreements between 1688 and/or its Affiliates and you against such compensation, and may further claim against you for any shortfall.
9.3.5 If 1688 commits a breach due to willful act or gross negligence and causes prejudice to your interests, 1688 will be obliged to compensate you for your actual direct losses.
9.4 Special Provisions
9.4.1 In the event that you provide any employee or consultant of 1688 and/or its Affiliates with benefits in kind, cash, cash equivalent, labor services and travel, the value of which significantly exceeds the normal level for commercial negotiations, you shall be deemed to have committed commercial bribery. In case of the above circumstances, 1688 may take corresponding actions in accordance with the 1688 Platform Rules, terminate all cooperation with you by giving a prior notice and claim liquidated damages and/or compensations, the amount of which shall be calculated based on the economic losses and loss of goodwill suffered by 1688 owing to your bribery.
9.4.2 If 1688 terminates these Terms in relation to you owing to your material breach, 1688 and/or its Affiliates may, for the purposes of maintaining the platform order and protecting the legitimate rights and interests of other users, suspend the cooperation with you under other agreements or even terminate such agreements with a notice to you of the same in an effective manner as stipulated herein.
9.4.3 If any other agreement between 1688 and you or any agreement between 1688 and/or its Affiliate or Alipay (on one side) and you (on the other side) expressly specifies the circumstances in which associated penalties shall be imposed with respect to the cooperation hereunder, 1688 may, for the purposes of maintaining the platform order and protecting the legitimate rights and interests of other users, suspend and even terminate such agreement upon receipt of instruction with a notice to you of the same in an effective manner as stipulated herein.
Article 10 Modification
10.1 1688 may modify these Terms and supplementary terms from time to time in light of amendment to the state laws and regulations and for maintaining market order and protecting the legitimate rights and interests of users. These Terms and supplementary terms as modified (“Modifications”) will be notified to you through legal procedures and in an effective manner as stipulated herein.
10.2 If you disagree with any Modifications, you may give your feedback to 1688 before the effective date thereof. If your feedback is accepted, 1688 will adjust the Modifications as appropriate. If you still disagree with the Modifications that have become effective, you shall cease to use 1688 Services from the effective date thereof, and the Modifications will not be binding on you. Your continued use of 1688 Services after the Modifications come into effect shall be deemed as your acceptance of the effective Modifications.
Article 11 Valid Notice
11.1 Valid Contact Information
When you register as a User of 1688 Platform to use 1688 Services, you shall provide true and valid contact information (including without limitation your email address, phone number and address) to 1688. For any change of contact information, you are obliged to update the relevant information so that you can be effectively reached.
The Account (including any sub-accounts) created during your registration with 1688 Platform for login to 1688 Platform to receive website messages, system messages and Aliwangwang instant messages shall also serve as a valid way to contact you.
1688 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 have the right to receive advertising, promotion and other commercial information relating to products/services you are interested in through the mobile phone 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 1688.
11.2 Delivery of Notices
11.2.1 1688 will send you notices with the above contact information. Any written notice sent via electronic means (including without limitation announcement on 1688 Platform, SMS to the mobile phone number provided by you, email to the email address provided by you, and Aliwangwang message, system message or website message to your Account) shall be deemed delivered once successfully sent, while any written notice sent in hard copy shall be deemed delivered five calendar days after posting if addressed to the mailing address provided by you.
11.2.2 In respect of any dispute arising out of the transactions on 1688 Platform, you agree that judicial authorities (including without limitation the people’s courts) may serve legal process (including without limitation litigation documents) on you by SMS, email, Aliwangwang or other modern communication means or by mail. The mobile phone number, email address, Aliwangwang account or other contact information designated by you for service of legal process shall be the mobile phone number and email address provided by you during your registration with or update on 1688 Platform, and the Aliwangwang account created when you register as a User of 1688. Any legal process sent by judicial authorities using 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 above ways of service shall apply to all the stages of judicial proceedings, which, should litigation be initiated, shall include without limitation the first instance, the second instance, retrial, enforcement and demand proceedings.
You shall ensure that the contact information provided by you is accurate, valid and up-to-date. Should the service of any legal process be prevented or delayed due to inaccuracy of the contact information or your failure to promptly update it after changes, you shall be solely liable for any legal consequences that may arise therefrom.
Article 12 Termination
12.1 Circumstances for Termination
12.1.1 You have the right to terminate these Terms in relation to you by any of the following means:
(I) closing your Account through website self services, subject to the satisfaction of the conditions to account closure as required by 1688 Platform;
(II) ceasing your use of 1688 Services and expressly stating that you do not accept the Modifications before they take effect; and
(III) expressly stating that you will not continue using 1688 Services and having met the termination conditions required by 1688 Platform.
12.1.2 1688 may terminate these Terms in relation to you with a notice to you in an effective manner as stipulated herein, if:
(I) your identity information for real name authentication is invalid, no longer legally exists, or cannot be verified;
(II) you breach these Terms, entitling 1688 to terminate these Terms in relation to you pursuant to the provisions on breach;
(III) you misappropriate other user’s account, publish prohibited information, commit fraud or sale of counterfeit commodities, disturb market order, or make profits by improper means, so that 1688 closes your Account pursuant to the 1688 Platform Rules;
(IV) you have otherwise materially breached the 1688 Platform Rules repeatedly, so that 1688 closes your Account pursuant to the 1688 Platform Rules;
(V) your Account is revoked by 1688 in accordance with these Terms;
(VI) you commit fraud, publish or sell counterfeit/infringing commodities, infringe upon the legitimate rights and interests of others, or otherwise commit material violation of law or breach of contract;
(VII) 1688 believes on reasonable grounds that your act may cause material damage or legal liability to you, 1688, 1688 Platform users or other relevant parties; or
(VIII) any other circumstance where the provision of 1688 Services to you shall be terminated occurs.
12.2 Post-Termination Matters
12.2.1 Unless otherwise expressly provided in law, 1688 has no obligation to disclose any information in your Account to you or a third party designated by you after the termination of these Terms in relation to you.
12.2.2 After the termination of these Terms in relation to you, 1688 shall still have the rights to:
(I) retain all information input by you on 1688 Platform as set forth in Article 8 hereof; and
(II) hold you liable for any of your previous breaches in accordance with these Terms.
12.2.3 Upon the termination of these Terms in relation to you, in respect of any transaction order placed with or by you during the term hereof, 1688 may give a notice to the counterparty and, based on the intention of the counterparty, determine whether to close such transaction order; if the counterparty requests further performance, you shall continue to perform the transaction order in accordance with the provisions hereof and thereof and bear any losses or increased costs arising therefrom.
Article 13 Link
1688 Platform and third parties may provide links to other World Wide Web sites or resources. As 1688 does not control such websites and resources, you understand and agree that 1688 is not responsible for the availability of such external websites or resources, does not recognize any content, publicity, products, services or other materials on or available from such websites or resources, and is not responsible or liable for them. You further understand and agree that 1688 is not liable for any losses or alleged losses, direct or indirect, caused by using or relying on such content, publicity, products, services or other materials obtained from such websites or resources, except as otherwise expressly provided by law.
Article 14 Governing Law, Jurisdiction and Miscellaneous
14.1 The effectiveness, interpretation, amendment, performance and resolution of dispute with respect to these Terms shall be governed by the laws of the mainland of the People's Republic of China. If there is no relevant provision in such laws, business practices and/or industry practices shall be followed.
14.2 You and 1688 are independent contractors only. These Terms are not intended to form or create any agency, partnership, joint venture, employment or franchise.
14.3 Unless otherwise agreed by you and 1688, you agree that 1688 has the right to transfer the rights and obligations hereunder in part or in whole for the purpose of its business operation with a reasonable prior notice to you through legal procedures and in the valid means as stipulated herein.
14.4 Any dispute arising from or in connection with these Terms or 1688 Services shall be resolved by 1688 and you through negotiations, failing which either party may bring a lawsuit with the People’s Court where 1688 is domiciled.
14.5 In case of any discrepancy between the English version and Chinese version hereof, the English version shall prevail.
14.6 Where any provision hereof is held to be invalid or unenforceable, such provision shall be revoked and the remaining provisions hereof shall be complied with and performed. Headings of the provisions hereof are for convenience only, and will not in any way define, limit, interpret or describe the scope or limitation of the corresponding provisions. The failure of 1688 to take any action against a breach by you or other persons shall not constitute its waiver of the right to take actions against any subsequent or similar breaches.
14.7 You and 1688 will participate in market competition and maintain the order thereof based on the cooperative principles of voluntariness, equality, fairness and good faith in strict accordance with the Anti-Monopoly Law of the People’s Republic of China, the Anti-Unfair Competition Law of the People’s Republic of China and other applicable laws and regulations. If you identify any suspected violation by any 1688 employee of the Anti-Monopoly Law of the People’s Republic of China or the Anti-Unfair Competition Law of the People’s Republic of China, you may report to 1688 supervision mailbox at [b2b-tousu@alibaba-inc.com], and 1688 will carry out investigation and follow-up handling based on the principles of confidentiality and objectiveness.
