Alibaba.com Buyers Club Terms and Conditions

1.Overview

1.1 Purpose

This Alibaba.com Buyers Club Rules/Terms and Conditions (the "Rules") are hereby formulated to safeguard the legitimate rights and interests of members of the Alibaba.com Buyers Club (the "Buyers Club"), and to create and maintain an amicable business environment. Please note:

(a) The Buyers Club is operated by Alibaba.com.

(b) The Buyers Club only recognizes registered commercial buyers of Alibaba.com (the "Buyers") as its members.

(c) Membership of the Buyers Club shall not be transferred, shared, or sold.

1.2 Applicable scope

These Rules apply to all members of the Buyers Club (the “Member” or "Members"). All applicable agreements and rules on Alibaba.com shall also apply to the Members. The Members who use the "Membership Benefits" (as defined below) shall be regarded as having read, fully understood, and accepted these Rules.

2. Definitions

2.1 Club members

The Buyers Club is a membership program developed for the Buyers, which aims at improving Members' experience on the website through membership benefits. Membership levels of the Buyers Club are Standard, Silver, Gold, Platinum, and Pro Buyer. Members are entitled to the benefits corresponding to their membership level.

2.2 Membership benefits

"Membership Benefits" refers to the benefits which are available to Members of the Buyers Club based on their membership level. Members at different membership levels will enjoy different benefits. The Buyers Club's membership benefits include, but are not limited to, offering the Members:

(a) certain discounts for purchasing specific products; and

(b) other services available on Alibaba-associated websites.

Alibaba.com may update the current benefits on an irregular basis to keep improving the services. Unless otherwise stated, all new and updated benefits shall be subject to these Rules.

2.3  Points

Points serve as one of the bases for membership classification of the Buyers Club. Points shall be calculated based on activities of the Buyers, including but not limited to, access, login, browsing, transaction, and payment. Members may accumulate points by completing membership tasks (e.g., completing the required account information, providing identity verification materials, and ordering and purchasing via Alibaba.com). Any increase or decrease in points will affect the membership level. Points shall be valid for 365 days upon being acquired. The maximum number of points available to one Buyer is 1,000,000.

3. Membership level

3.1 Membership classification

3.1.1 Members of the Buyers Club are divided into five levels.

3.1.2 Alibaba.com classifies the Members into different levels based on their points (excluding Pro Buyer). When your points have met the specific required number of points of a membership level, you may become a Member at that level.

3.1.3 Pro Buyer

Any Member may become a Pro Buyer, with

(a) an annual transaction value equal to or more than US $300,000; and/or

(b) an annual income of more than US $1million, subject to verifications by Alibaba.com at its sole discretion.

3.2 Acquisition of membership levels

3.2.1 After the membership program is launched, all Buyers who meet the corresponding requirements will automatically acquire membership.

3.2.2 Alibaba.com will grant a Member the corresponding membership level based on the points of the Member for the last 365 days, and whether the Member meets the requirements for becoming a Pro Buyer. Members are entitled to the benefits corresponding to their respective membership levels.

3.2.3 Members may accumulate points by completing the corresponding membership tasks, or complete the Pro Buyer verification tasks to reach a higher level.

3.2.4 Once activated, your membership status will be displayed on Alibaba.com. Alibaba.com may demonstrate the membership status to some vendors.

3.3 Membership level adjustment and maintenance

3.3.1 Membership level adjustment

After a Member acquires a new membership level, the new membership level will not be adjusted within 30 days from the day on which it is acquired. If any of the following circumstances occurs 30 days later, a membership level adjustment will be triggered:

(a) Expiration of Points: Alibaba.com will calculate the Members' points for the last 365 days. If a Member's points expire, and no longer meet the requirements for its current membership level, a membership level adjustment will be triggered.

(b) Return of Products in a Transaction: If a Member acquires any points through tasks such as ordering and purchasing, and subsequently returns the products in the relevant order, the corresponding points will be deducted. If the points, upon deduction, fail to meet the requirements for the Member's current membership level, a membership level adjustment will be triggered.

(c) Ineligibility: If a Member who has been certified to meet the Platinum or Pro Buyer status requirements is subsequently found to be no longer eligible, a membership level adjustment may be triggered.

(d) Violations by the Members: If a Member acquires any points through improper behaviors, Alibaba.com will deduct the corresponding points. If the points, upon deduction, fail to meet the requirements for the Member's current membership level, a membership level adjustment will be triggered.

3.3.2 Membership level maintenance

The membership level of any Member that triggers a membership level adjustment will remain unchanged within a period of 30 days during which the Member will stay at the current membership level. If the Member acquires enough points or, upon a second verification, achieves a Pro Buyer status during the aforesaid period, and meets the requirements for the Member's current membership level, the Member will enjoy the previous membership level and benefits. If the Member fails to meet the aforesaid requirements during the period, the Member will not enjoy the previous membership level and benefits.

4. Membership termination

4.1 Any Buyers Club membership may be terminated or suspended for any of the following reasons:

(a) Alibaba.com has reasonable suspicion that the Member has used its membership rights improperly;

(b) the Member has committed any misconduct on Alibaba.com, including but not limited to dishonest or fraudulent conduct;

(c) the Member has violated any applicable agreements and/or rules on Alibaba.com; and

(d) withdraw from this membership program by the Member or cease of operation of this membership program by Alibaba.

4.2 If a Member intends to withdraw from the membership program, please contact customer service. The buyers who have withdrawn from the membership program will no longer enjoy the membership level and benefits under the membership program.

4.3 Indemnity

The Members agrees to indemnify Alibaba.com, its affiliates, directors, employees, agents, and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from the Members' breach of these Rules.

5. Governing law; dispute resolution

5.1 These Rules shall be governed by Hong Kong laws. Any dispute arising out of or in connection with the Buyers Club's services herein shall be subject to the exclusive jurisdiction of Hong Kong courts.

6. Disclaimer

6.1 The membership levels of the Buyers Club only serve as the reference standards for the benefits that Alibaba.com provides to the Members, and shall not be used as the criteria to judge the goodwill and identity of buyers. Alibaba.com makes no commitment or certification as to the identity of the Members.

6.2 Alibaba.com makes no warranty as to the quality of the products sold on the website.

7. Language

7.1 The English version of these Rules shall always prevail and any translation of the English Version of these Rules is for reference only.