These LinkedMall Terms of Use (the “LinkedMall Terms of Use”) describe the terms and conditions applicable to your access and use of the Alibaba Cloud Linkedmall SaaS Platform, currently located at URL: https://linkedmall.store(the “LinkedMall Platform”). These LinkedMall Terms of Use is an Additional Agreement as defined in the Alibaba Cloud International Website Product Terms of Service (the “Product Terms”) and is entered into by and between you as a user of the LinkedMall Platform (referred to as “you” or “your” hereinafter) and the applicable Alibaba Cloud contracting entity (referred to as “we”, “our” or “Alibaba Cloud” hereinafter) in accordance with the Product Terms. By using the LinkedMall Platform and its ancillary products and services (the “Services”), you acknowledge and agree that you have read, understood and agreed to be bound the Alibaba Cloud International Website Membership Agreement (“Membership Agreement”) and all the Terms defined and mentioned therein. You irrevocably agree that Alibaba Cloud reserves the right to take any enforcement actions against you if you breach any of the Terms.
Capitalized terms not defined herein shall have the same meaning given to them in the Terms. In the circumstance where there is any inconsistency between any of the LinkedMall Terms of Use and the rest of the Terms in relation to your use of the Services, the LinkedMall Terms of Use shall prevail.
1. Account Registration and Eligibility
1.1 To access and use the LinkedMall Platform and Services, you must register for a LinkedMall account (“Merchant Main Account”) after you have placed an order to purchase and use the LinkedMall Platform and/or Services on the Alibaba Cloud International Website or through other permitted channels. You shall register for the Merchant Main Account and log in the Linkedmall Platform by using your membership account registered at Alibaba Cloud Platform or any other permitted platforms, subject to your compliance with relevant agreements, account policies or rules imposed by such applicable platforms. You hereby authorize to Alibaba Cloud to obtain all such data necessary and related to your account on applicable platforms, for purpose of creating and maintaining your Accounts (as defined below) within the LinkedMall Platform. We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
1.2 You are allowed to create up to 5 sub-accounts under your Merchant Main Account by providing valid email addresses as user names and passwords (your Merchant Main Account and sub-accounts are collectively referred to as “Accounts”). You shall be solely responsible for (i) maintaining the confidentiality of your user names and passwords and (ii) for all activities that occur under your Accounts. You shall indemnify Alibaba Cloud against any loss or damages (including but not limited to loss of profits) suffered by Alibaba Cloud as a result of your disclosure of your Accounts. You hereby undertake to notify Alibaba Cloud immediately of any unauthorized use of your Accounts, user IDs or passwords or any other breach of security. You further agree that Alibaba Cloud shall not be liable to you, your users or any third party, for any loss or damages arising from the unauthorized use of your user names or passwords, or any other failure by you, your employees, agents, affiliates or representatives, to comply with this Clause 1.
1.3 If you are an individual, you must be the older of: (i) eighteen (18) years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open and maintain your Accounts.
1.4 You acknowledge that we will use the email address you provide on opening a Merchant Main Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Merchant Main Account email address you provide to us and your Merchant Main Account email address must be capable of receiving messages. Your email communications with us can only be authenticated if they come from your Merchant Main Account email address.
2. Your Responsibilities
2.1 You acknowledge, agree, confirm and warrant that:
(i) you are receiving any Services provided by us for the purposes of carrying on business activity and not for any personal, household or family purpose.
(ii) you are responsible for all activity and content such as photos, images, marks, logos, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated (including those generated by the Services according to your instructions), stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account ("Materials").
(iii) You undertake to ensure that: (a) you own any and all right, title, and interests in and to the Materials; (b) you have all rights in your Materials necessary for granting Alibaba Cloud the rights under these LinkedMall Terms of Use; and (c) all your Materials are lawful, accurate, complete, not misleading, and does not infringe any rights of other third parties (including any intellectual property rights), and Alibaba Cloud reserves the right to deny your request to publish any Material which is unlawful, harmful, vulnerable, incompatible, or inappropriate in our sole discretion.
(iv) You shall not use the Services to fabricate or disseminate any false information. You shall not upload to or make available via your LinkedMall Store any Materials which may amount to restricted or prohibited material under applicable laws from time to time (“Prohibited Materials”), including without limitation:
a) material that depicts that nudity or genitalia;
b) material that promotes sexual violence or sexual activity;
c) material that depicts person(s) clearly in sexual activity, or acting in a sexually provocative manner or in any other offensive manner;
d) material that advocates homosexuality or lesbianism, or depicts or promotes incest, paedophilia, bestiality and necrophilia;
e) material that depicts detailed or relished acts of extreme violence or cruelty; and
f) material that glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance.
(v) you shall comply with any applicable laws and have obtained all such consents, approvals, clearances and/or licences as it may be from time to time required to under relevant laws and export control regulations in all relevant jurisdictions in order to use the Services, including but not limited to use the Services to creating and operating your LinkedMall store (“LinkedMall Store”). You are responsible for your Linkedmall Store, your Materials, the products and services that you may sell through your LinkedMall store, as well as all aspects of the transactions between you and the buyer. This includes, but is not limited to, (a) description, promotion, price, fees, tax, refunds, returns that you set and/or calculate for your products and services or your buyers; (b) fulfilling any sales or customer service, (c) fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these LinkedMall Terms of Use.
(vi) the LinkedMall Platform is not a marketplace. Any contract of sale through your LinkedMall Store is directly between you and the buyer. Alibaba Cloud does not represent you as a seller in the sale of the product or services offered by you in your LinkedMall Store, and cannot control and is not liable to or responsible for the condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose, and non-infringement of such products or services, or the ability of you as the seller to complete the sale of your products or services in your LinkedMall Store.
(vii) you shall promptly pay the fees for using the LinkedMall Platform and/or Services in such a manner as required by Alibaba Cloud and/or its affiliates, where applicable.
(viii) you shall use the Services in accordance with: (a) these LinkedMall Terms of Use; and (b) any applicable documentation, use policy and other terms or requirements, policies or guidelines as posted and updated by Alibaba Cloud from time to time at the Alibaba Cloud Platform or other permitted channels.
2.2 You shall not:
(i) work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
(ii) access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
2.3 The following activities are strictly prohibited. We may, at any time and without notice, remove any Materials, and suspend or terminate your Accounts or your access to the Services if you engage in any of the following activities, including activities outside of your use of the Services.
(i) Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner;
(ii) Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual;
(iii) Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause;
(iv) Illegal activities: You may not offer products or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business;
(v) Intellectual property: You may not offer products or services, or post or upload Materials, that infringe on the copyright or trademarks of others;
(vi) Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of the LinkedMall Platform or others, including business partners of Alibaba Cloud. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities;
(vii) Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information;
(viii) Restricted Items: You may not offer products or services that are, or appear to be, restricted items under applicable laws;
(ix) Self-harm: You may not offer products or services, or post or upload Materials, that promote self-harm;
(x) Spam: You may not use the Services to transmit unsolicited commercial electronic messages;
(xi) Terrorist organizations: You may not offer products or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization. 23. LinkedMall has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with the Terms of Use. Our determination of whether a violation of Terms of Use has occurred will be final and binding, and any action taken with respect to enforcing the Terms of Use, including taking no action at all, will be at our sole discretion.
(xii) COVID-19: You may only offer products or services in relation to COVID-19 that comply with the following rules,
(a) Price Gouging: You must not charge excessive prices or engage in deceptive pricing practices for necessary COVID 19 related products.
(b) Claims: Any medical, scientific or other claims must be true and supported by documented evidence, and where required by law, an adequate and proper test of such claims. Products claiming to prevent, treat or cure COVID 19 will be removed from LinkedMall.
(c) Compliance with laws: You must comply with all applicable laws and other regulatory requirements relating to the sale of COVID 19 related products, both in your jurisdiction and in the jurisdiction of your customers.
(d) Appropriate licensing or permissions: You must obtain all applicable licenses or permissions for the products you sell. This includes all applicable licenses, approvals, or authorizations for the sale of medical or health-related products.
(e) Selling regulated products: Prior notice and/or approval by LinkedMall is required for the sale of regulated products on our platform. In some cases (for example, selling government-approved test kits), we may require that you provide information or documentation in order to verify that you have complied with these rules and sign an additional agreement.
(f) Non-Delivery: Buyers should receive any COVID-19 related products they purchase from your store.
(xiii) Your Materials contain any Prohibited Materials.
3. Third Party Services
3.1 We may, from time to time, provide you with access to, or enable third party software, applications (“Apps”), products, services, or website links (collectively, “Third-party Services”) for your consideration or use. Such Third-party Services are made available only as a convenience, on a pass-through basis and “as received” by you, and your purchase, access, or use of any such Third-party Services is solely between you and the applicable third-party services provider “Third-party Services Providers”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-party Services Providers.
3.2 Any use by you of Third-party Services offered through LinkedMall Platform is entirely at your own risk and discretion, and it is your responsibility to read and agree to the terms and conditions and/or privacy policies applicable to such Third-party Services before using them. In some instances, we may receive a revenue share from Third-party Services Providers that we recommend to you or that you otherwise engage through your use of the Services or our website.
3.3 We do not provide or make, and expressly disclaim, any warranties or representations to you with respect to Third-party Services. You acknowledge that we have no control over Third-party Services and shall not be responsible or liable to you or anyone else for such Third-party Services, and Third-party Services Providers' performance of Third-party Services are the sole responsibility of the Third-party Services Providers. You shall be solely responsible for co-operating with and providing any necessary information and assistance to Third-party Services Providers. The availability of Third-party Services on or via our websites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. We do not guarantee the availability of Third-party Services and you acknowledge that we may disable access to any Third-party Services within the LinkedMall Platform at any time and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-party Service. We strongly recommend that you seek specialist advice before using or relying on Third-party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
3.4 If you install or enable a Third-party Service for use with the Services, you grant us permission to allow the applicable Third-party Services Providers to access your data and other Materials, or receive your data or other Materials from Third-party Service Providers or to take any other actions as required for the interoperation of the Third-party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third-party Services Provider is solely between you and such Third-party Services Provider. We are not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-party Service or a Third-party Services Provider to your data or other Materials.
3.5 The relationship between you and any Third-party Services Provider is strictly between you and such Third-party Services Provider, and we are not a party to any transaction or agreement that may be entered between you and any Third-party Services Provider. We may but are not obligated to intervene in any dispute arising between you and a Third-party Services Provider.
3.6 Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-party Services or your contractual relationship with any Third-party Services Provider. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
3.7 You agree to indemnify and hold us and (as applicable) our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or in connection with your use of a Third-party Service or your relationship with a Third-party Services Provider.
3.8 You acknowledge and agree that: (i) by submitting a request for assistance or other information through LinkedMall support, you consent to being contacted by one or more Third-parties at your Merchant Main Account email address or such other email address provided by you; and (ii) we will receive all email communications exchanged via LinkedMall support or in any reply emails (each a "Reply") that originate from LinkedMall support (directly or indirectly) between yourself and after-sale service personnel. You further agree that we may share your contact details and the background information that you submit via the LinkedMall support with Third-parties. Third-parties may require access to certain admin pages on your LinkedMall Store. You choose the pages that the Third Parties can access.
4. Intellectual Property
4.1 You retain any rights you may have in any Materials provided by you or generated by the Services according to your instructions. You grant Alibaba Cloud and its affiliates a non-exclusive, worldwide, irrevocable, assignable, royalty free license to (i) reproduce, display, communicate, distribute, transmit, and otherwise make available via means of electronic distribution, your Materials for the purposes of providing you the use of the Services; (ii) use the names, marks and logos in connection with your Linkedmall Store to provide and promote the Services and to perform these Linkedmall Terms of Use.
4.2 You shall not use Alibaba Cloud’s name, marks and logos (“Alibaba Cloud Marks”), whether registered or unregistered, unless being authorized by Alibaba Cloud in writing. You shall not use or adopt any marks that may be considered confusing with the Alibaba Cloud Marks.
5. Data protection
5.1 You shall comply with all applicable data protection laws in your processing, including but not limited to collection, use, disclosure and transfer of your employee’s or customer’s data, and your Materials during your use of the Service and your operation of your Linkedmall Store. It is solely your responsibility to establish a legal basis for the processing including cross-border transfer of such data under applicable laws, including providing adequate privacy notices, obtaining any required consents to your customers, completing relevant assessment and declaration, etc.
5.2 To the extent that Alibaba Cloud processes personal data of your employees or customers as a “data intermediary” or “data processor” under applicable data protection laws, Alibaba Cloud’s processing of personal data will be subject to the applicable data processing addendums/agreements in the Terms between you and Alibaba Cloud.
6. Confidentiality
6.1 You and your Representatives may have access to or be provided with Alibaba Cloud Confidential Information. “Alibaba Cloud Confidential Information” shall mean all information, whether in oral, written or other form that Alibaba Cloud or its affiliates or their respective officers, directors, advisers, employees or agents (collectively, “Representatives”) discloses to you or your Representatives, including without limitation: internal policies, business plans, capitalization tables, budgets, and financial statements; costs, prices, and marketing plans; contracts and licenses; employee, customer, supplier, shareholder, partner or investor lists; technology, know-how, business processes, trade secrets and business models; notes, sketches, flow charts, formulas, blueprints, and elements thereof; and source code, object code, graphical design, user interfaces and other intellectual property, including that of any customer, supplier or other third party. Any Alibaba Cloud Confidential Information disclosed to you, your Representatives prior to the date of these LinkedMall Terms of Use shall be subject to the terms and conditions hereof.
6.2 You agree to:
(i) treat and hold Alibaba Cloud Confidential Information in the strictest confidence and use it only for the purpose(s) for which it was originally disclosed and only to fulfil your obligations under these LinkedMall Terms of Use;
(ii) not, without Alibaba Cloud’s prior written consent, provide copies of or otherwise disclose the Alibaba Cloud Confidential Information to any person other than those of your Representatives to whom it needs to disclose such information. You shall be responsible for any breach by your Representatives of these confidentiality terms; and
(iii) upon the request of Alibaba Cloud for any reason, promptly (i) return to Alibaba Cloud or (ii) destroy all Alibaba Cloud Confidential Information along with all copies, summaries and extracts thereof in your possession or under your control, whether prepared by you or others;
6.3 Alibaba Cloud retains all right, title, and interest to the Alibaba Cloud Confidential Information. These LinkedMall Terms of Use is neither intended to nor will it create an obligation to disclose any Alibaba Cloud Confidential Information to you. Neither Alibaba Cloud, its affiliates nor any of its Representatives have made or herein makes any express or implied representation or warranty as to the accuracy or completeness of the Alibaba Cloud Confidential Information or any estimates or projections contained therein.
6.4 Any public announcements or press releases by you with respect to the relationship between you and Alibaba Cloud must be expressly approved in writing in advance by Alibaba Cloud.
7. Disclaimers and Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LINKEDMALL PLATFORM AND ASSOCIATED SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ALIBABA CLOUD HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR AS TO THE LINKEDMALL PLATFORM BEING UNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, SECURE, OR NOT OTHERWISE CAUSING DAMAGE OR LOSS OF FUNCTIONALITY OR DATA.
7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALIBABA CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE LINKEDMALL PLATFORM.
7.3 Alibaba Cloud shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
(i) the use or the inability to use the Services including the LinkedMall Platform;
(ii) unauthorized access by third parties to data or private information of you;
(iii) statements or conduct of any user of the Services including the LinkedMall Platform; or
(iv) any other matter relating to the Service including the LinkedMall Platform however arising, including negligence. Save only for any warranties, representations, conditions and undertakings by Alibaba Cloud expressly set forth in these LinkedMall Terms of Service, Alibaba Cloud hereby excludes all other warranties, representations, conditions and undertakings, express or implied, to the maximum extent permitted under applicable law.
7.4 Certain of the Services involve utilization of generative artificial intelligence. YOU UNDERSTAND AND ACCEPT THAT DUE TO THE LIMITATIONS OF TECHNOLOGY AT CURRENT STAGE AND THE PARTICULARITY OF GENERATIVE ARTIFICIAL INTELLIGENCE, THERE IS NO WARRANTY THAT SUCH SERVICES AND/OR RELATED TECHNOLOGY WILL BE FULLY DEVELOPED, UNINTERRUPTED OR ERROR-FREE. ALIBABA CLOUD MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLIANCE, VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF THE CONTENT GENERATED, AND THE CONTENT DOES NOT REPRESENT ALIBABA CLOUD’S VIEWS. IT IS YOUR SOLE DISCRETION TO DETERMINE YOUR USE OF THE GENERATED CONTENT AND ALIBABA CLOUD EXPRESSLY DISCLAIMS ANY AND ALL LIABILITIES CAUSED BY YOUR SUCH USE.
8. General
8.1 We may provide notice to you under this LinkedMall Terms of Service by posting a notice on the LinkedMall Platform, Alibaba Cloud International Website or emailing it to your Accounts. Notices will be deemed to be effective upon posting and notice by email will be deemed effective by the time the email is sent.
8.2 We may modify these LinkedMall Terms of Use at any time by posting a revised version on the Alibaba Cloud International Website and/or the LinkedMall Platform without notice to you. You shall be responsible for checking these LinkedMall Terms of Use from time to time. Your continued use of the Services after the publication of the amended and/or restated LinkedMall Terms of Use shall be deemed as your acceptance of such amended LinkedMall Terms of Use.