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Alibaba.com International Platform's General Provisions

 

Version Number:  20190903                                                                 Date Issued: 2019.09.03

 

Chapter I Overview

Article 1 [Purpose]

These General Rules are hereby formulated to build an open, transparent, sharing and responsible new business paradigm, to protect the legitimate rights and interests of the Users of Alibaba.com, and to create and maintain a harmonious business environment.

 

Article 2 [Scope of Application]

These Rules apply to the Users who use the products or services of Alibaba.com (“Services”).

 

Article 3 [Principles of Application]

These Rules apply to all Users of Alibaba.com equally. Users shall follow the principles of honesty and fairness in exercising their rights and fulfilling their obligations pursuant to these Rules.

Any User’s act on Alibaba.com shall not violate the mandatory laws of the country and region where the User is located, or contravene the basic social morals, religious ethics and customs.

 

Article 4 [Rules System and Effect]

The rules system of Alibaba.com consists of the General Rules, special rules (including industry standards and codes), implementing rules and announcements from time to time.

For matters that are covered in the General Rules but not in other rules, the General Rules shall apply; for matters that are not covered in the General Rules but covered in the special rules or announcements from time to time, the latter shall apply; for matters that are not covered in the rules system of Alibaba.com, the relevant laws or user agreements shall apply.

 

Article 5 [Procedures]

These Rules will be carefully formulated or modified in due course in accordance with the relevant laws and regulations and the development needs of the ecosystem of Alibaba.com, and will be announced on the rules channel page of Alibaba.com, effective upon expiration of the period as specified in the announcement.

 

Article 6 [No Retrospective Effect]

Any act of the Members shall be governed by these Rules, unless it occurs prior to the effectiveness of or amendment to these Rules, in which case the act shall be governed by the then effective rules.

 

Chapter II Code of Conduct for Members

Section 1 Account Registration and Use

Article 7 [Preconditions for Registration] Before the Members apply for registering an Account on Alibaba.com, they shall understand, agree to, and abide by the provisions of the Free Membership Agreement and other relevant admission agreements/rules.

 

Article 8 [Specifications for Registration] The Members shall register an Account on Alibaba.com in their own name and shall not:

  1. embezzle, falsely use, or borrow the name of others or illegally use others’ business license or qualification documents for registration;
  2. lease or lend its own business license or qualification documents to others for registration;
  3. use fake, altered, expired or invalid business license or qualification documents for registration; or
  4. fills out any information during the registration process that violates relevant national laws and regulations, or is suspected of infringing the rights of others or interfering with the normal operations of Alibaba.com.

 

Article 9 [Multiple Accounts] Any Member may apply for registration of multiple Accounts with the consent of Alibaba.com due to reasonable and normal business needs; however, no Member is allowed to take advantage of multiple Accounts to circumvent the regular market control of Alibaba.com or perform acts that contradict the principle of good faith or damage the legitimate rights and interests of other Members.

 

Article 10 [Use of Account] Members shall properly keep their Account and password. Any act carried out through any Account registered and any password set by any Member shall be regarded as the act of such Member, and the corresponding liability and consequence shall be borne by such Member.
 

Article 11 [Transfer of Account] Each Account shall be only used by the Member of such Account. Without the prior review and consent of Alibaba.com, no Member shall transfer, lend or authorize any third party to use his/her Account.

 

Article 12 [Improper Registration] Members shall not register Accounts by using software, programs or other cheating methods, which interferes with the normal operations of Alibaba.com (‘Improper Registration’). For Accounts that have been found to be registered through Improper Registration, Alibaba.com will take control measures such as login restrictions, additional authentication, restrictions on the use of product features and even cancellation of such Accounts depending on the severity of their damage.

 

Article 13 [Account Security] To protect the legitimate rights and interests of Members, once Alibaba.com finds (or has reason to suspect any possible) unusual data activities or potential security risks in the operations of Accounts, including but not limited to abnormal IP address, information leakage, information crawling, illegal use of information and other circumstances that may endanger the interests of Members or the platform, Alibaba.com has the right to refuse to provide corresponding Services and/or take control measures against relevant Accounts.

 

Section 2 Information Publishing

Article 14 [Content] The content of the information published by Members on Alibaba.com shall comply with the laws and regulations of the country, region and jurisdiction where they are located, the requirements of local regulatory agencies and the management rules of Alibaba.com on information publishing. For specific rules, see ‘Enforcement Actions for Displaying Prohibited and Controlled Items, ‘Enforcement Actions for Intellectual Property Right Infringement Claims on Alibaba.com, ‘Rules on Resolving Image Piracy Complaints, ‘Rules for Handling Unauthorized Use of A Third Party’s Information’, etc.

 

Article 15 [Conduct] Members shall publish information in accordance with the relevant information publishing rules of Alibaba.com and the requirements of product operation specifications for information publishing. For specific rules, see theRules for Filling in Product Information’, ‘Rules for Filling in Company Information’, ‘Rules for Enforcement Actions against Non-compliance Relating to Inappropriate Product Postings’ and the rules for publishing specific industry information, etc.

 

Section 3 Trading

Article 16 [Online Trading] Alibaba.com encourages Members (as Buyers and Sellers respectively) to conduct online cross-border trading through the online trading system and related technical services provided by Alibaba.com (“Online Trading”). When the Buyers and Sellers conduct such Online Trading, they shall abide by the ‘Alibaba.com Transaction Services Agreement’, ‘Alibaba.com Supplemental Services Agreement and other relevant agreements and the trading rules of Alibaba.com. If the Buyers and Sellers choose to use the trade assurance service, they shall also abide by the trading-related provisions of theTrade Assurance Services Rules’.

 

Article 17 [Honest Performance] To maintain an honest trading environment of Alibaba.com and a healthy and orderly market order of the platform, Alibaba.com has the right to deal with acts in violation of the principle of good faith, such as false trading, abnormal performance, false performance and other crooked transactions. Alibaba.com will control and punish rule-breaking Accounts according to the information obtained by verifications or reported by Members, and reserve the right to recover the interests improperly obtained by the rule-breaking Accounts and the losses suffered by the website.

 

Article 18 [Mediation of Disputes] If a dispute or controversy arises in the Online Trading, the Buyer and the Seller shall first resolve it through friendly negotiations. If both parties fail to conduct negotiations or no agreement is reached through negotiations, either party may submit the dispute or controversy to Alibaba.com for dispute mediation. Alibaba.com will decide whether to accept it and if so, make a mediation decision in accordance with theAlibaba.com Transaction Dispute Rules.

 

Article 19 [Offline Disputes] If the Buyer and the Seller have made contact with each other through Alibaba.com and elect to conduct transactions through traditional offline cross-border trading rather than Online Trading through the online trading system and related technical services of the website, and if a dispute or controversy arises therefrom, then they shall resolve it through negotiations or other dispute resolution methods, and Alibaba.com will not accept the application for offline dispute mediation unless there is evidence that either party to the transaction has fraudulent conducts (for example, failure to deliver goods after receipt of payment by the Seller, sale of goods of very inferior quality, and failure to make payment after receipt of goods by the Buyer) in the foregoing offline trading activities.

 

Section 4 Marketing

Article 20 Sellers who apply for participation in marketing activities on Alibaba.com shall abide by theBasic Marketing Rules of Alibaba.com, the relevant industry rules or the rules regarding special marketing activities.

 

Section 5 Comments

Article 21 Members, as Buyers and Sellers, have the right to give comments after transactions are completed based on their actual experience. The comments shall meet the basic requirements for publishing information, and shall be objective and authentic. Alibaba.com will sort out and display such comments. The specific requirements are set forth in the ‘Rules for Buys' Review on Alibaba.com’.

 

Section 6 Industry-Specific Market

Article 22 If there are special regulations on Members’ acts in a specific industry or special market, such special regulations shall apply.

 

Chapter 3 Violations and Punishments

Section 1 General Rules

Article 23 [Basic Rules] Alibaba.com has the right to take control measures or punitive measures against the products, Minisites, or Accounts of the Members involving violations in accordance with these Rules or other relevant punishment rules. The control measures or punitive measures of Alibaba.com apply to all Members equally. Under specific circumstances as specified in certain rules, rule-breaking Members may take courses and exams in order to mitigate the punishments or be exempted from punishments.

 

Article 24 [Punishment Methods] Alibaba.com adopts two punishment methods depending on the types of violations, namely, cumulative points-based punishment and cumulative frequency-based grading punishment, and imposes the corresponding punishment when the accumulative points deducted or the accumulative number of times of violations by the Members reach a certain threshold. For more information, see theRules for Enforcement Action against Non-Compliance Acts on Alibaba.com’.

 

Article 25 [Validity Period] Both the cumulative points deduction and cumulative number of times are calculated on a yearly basis. Each deduction of points and each time of violation will be recorded for 365 days. Any deduction of points and any occurrence of violation in relation to a Member will be cleared one year after the date of such deduction or occurrence, except that such Member's Account has been closed as more than 48 points have been deducted or more than three times of serious intellectual property infringements have occurred.

 

Article 26 [Punishment Measures] The general punishment measures taken by Alibaba.com against rule-breaking Members include serious warning, unshelving, deletion, downgrading, restriction, account closure, etc. If other special rules of Alibaba.com have special provisions on the identification and disposal of violations by Users or Members, the special provisions shall apply.

Serious Warning means that Alibaba.com warns or admonished any User by phone, SMS, email and other forms that his/her act has constituted a violation and should be rectified immediately.

Unshelving means that any product released is changed into a product to be released. After the product is unshelved, the Member can still rectify it. After the rectification is done, it can be released again.

Deletion refers to the complete removal of rule-breaking information, and the Member cannot modify it after the removal.

Downgrading means that the search, display and ranking result of the product information published by the User is placed at a less important position.

Restriction refers to the blocking of product search results and Minisite’s information, restricting the Member’s use of various products or features on Alibaba.com, and restricting the Member from participating in various marketing and promotion activities on Alibaba.com. The service fee (if any) of the restricted Members for the restricted period will be calculated as usual, and the service period will not be extended.

Account Closure means that Alibaba.com terminates any Services to the Member and will not refund the service fee under certain circumstances.

 

Article 27 [Related Punishment] Members who use any Services of Alibaba.com shall abide by the rules system of Alibaba.com and the agreements signed between the Members and Alibaba.com and/or its Affiliates, and shall abide by the rules, systems, procedures, commitments, etc. related to the Services. If a Member’s Account is closed due to violation of Alibaba.com rules or various agreements signed with Alibaba.com and/or its Affiliates, Alibaba.com has the right to decide, at its discretion, to close other Accounts registered by the Member on Alibaba.com and/or other associated accounts of the Member (i.e., any accounts associated with the Member’s Account identified by Alibaba.com through technical means, including but not limited to any account registered by the Member with Alibaba’s Affiliates and/or Affiliate Websites). All losses arising therefrom shall be borne by the Member.

 

Article 28 [Appeal] Members may appeal the control measures or punitive measures taken by Alibaba.com, and Alibaba.com may make available an online channel for appeal against punishments as appropriate. Members shall file the appeal and submit evidence within the prescribed time limit.

If the appeal succeeds, the control measures or punitive measures shall be revoked. If no appeal is filed within the time limit or the appeal fails, the control measures or punitive measures shall be maintained.

 

Section 2 Types of Violations and Punishments

Article 29 [Rule-breaking Information Publishing] Any Member who breaks these Rules in publishing information shall be punished pursuant to theRules for Enforcement Actions against Non-compliance Relating to Inappropriate Product Postings, ‘Rules on Resolving Image Piracy Complaints, and ‘Rules for Handling Unauthorized Use of A Third Party's Information.

 

Article 30 [Infringement upon Intellectual Property Rights] Any Member who infringes upon others’ intellectual property rights shall be punished pursuant to the ‘Intellectual Property Rights Protection Rules of Alibaba.com.

 

Article 31 [Display of Prohibited and Controlled Items] Any Member who publishes prohibited and controlled items shall be punished pursuant to the ‘Enforcement Actions for Displaying Prohibited and Controlled Items.

 

Article 32 [Non-conforming Product Quality] If the products published and sold by the Members on Alibaba.com do not comply with the product quality regulations, decrees and technical standards of the country to which the products will be sold, or the products have other serious quality problems, Alibaba.com will monitor product quality by means of accepting reports and complaints, government announcements, proactive investigations of product information and physical sampling, etc., and take control measures and punitive measures pursuant to relevant rules.

 

Article 33 [Rule-breaking Trading Acts] Any Member who violates these Rules in trading activities shall be punished pursuant to the ‘Rules for Enforcement Action against Non-Compliance of Transactions on Alibaba.com.

 

Article 34 [Malicious Harassment] Any Member who harasses, insults or intimidates others by despicable means, or encroaches on the legitimate rights and interests of others, Alibaba.com will take punitive measures such as giving warnings, points deduction, restriction and even closure of the account depending on the severity of the case.

 

Article 35 [Fraud] Any Member who increases their sales volume or transaction volume, or obtains membership points, matching of business opportunities, allocation of marketing resources, raise of star rating or credit accumulation by malicious collusion, fraud and other improper means, in addition to immediately canceling or recovering the relevant rights and interests, Alibaba.com has the right to take punitive measures such as giving warnings, points deduction, restriction and even closure of the account depending on the severity of the case. For specific rules, see theRules on Penalties for False Transactions, 'Membership Points Rules on Alibaba.com', etc.

 

Article 36 [Commercial Bribery] If a Member seeks or intends to seek benefits from the staff, agents and/or their related persons of Alibaba.com by providing anything of value, gratis hospitality, loans, business opportunities and other improper means, regardless of whether the benefits are actually obtained, Alibaba.com has the right to close all accounts of the Member (including related accounts) as appropriate. If the rule-breaking Member truthfully and voluntarily declares and/or reports his/her bribery, Alibaba.com may give a light punishment or mitigate the punishment as appropriate.

 

Article 37 [Dishonest Acts]

Any Member who does not abide by the principle of good faith and uses illegal and rule-breaking means such as deception, false publicity, malicious misleading, counterfeit, malicious breach, unfair competition, abuse of member rights, fraud and coercion to obtain benefits or beat competitors, Alibaba.com has the right to take punitive measures such as giving warnings, points deduction and even closure of the account depending on the severity of the case, and all losses arising therefrom shall be borne by the Member.

If a Member is suspected of any of the above acts, Alibaba.com has the right to immediately suspend the relevant Services and conduct an investigation and verification on its own or through a third party, and the Member shall actively cooperate with the investigation. If the Member refuses to cooperate with the investigation and verification, Alibaba.com has the right to unilaterally terminate the relevant Services.

If any Member with dishonest acts truthfully and voluntarily declares and/or reports his acts, Alibaba.com may give a light punishment or mitigate the punishment as appropriate.

 

Chapter IV Supplementary Provisions

Article 38 [Day] Any reference to a day in the calculation of a time period refers to a calendar day, except otherwise provided.

 

Article 39 [More Than and Less Than] The words “more than” a number in these Rules includes the number itself while the words “less than” a number herein does not include the number itself.

 

Article 40 [Effectiveness] These Rules shall take effect upon expiration of the period as specified in the announcement.

 

Appendix: Definitions

“Alibaba.com” refers to the online platform that provides its global enterprise members with such services as cross-border trading, product information display, transaction matching and online trading, including the website (domain name: www.alibaba.com) and its client.

“User” refers to any user of various Services on Alibaba.com. Users can browse the information on Alibaba.com without registration.

“Member” refers to any User who has signed a registration service agreement with Alibaba.com and has completed the registration process, including natural persons, legal persons and unincorporated organizations.

“Account” refers to the authority of any Member to log in to Alibaba.com, which is different from that of the other Members and through which such Member is able to use the Services and other functions on Alibaba.com. Account information contains user name, email, mobile phone number, password and other related information set by the User on Alibaba.com.

“Buyer” refers to any Member who browses product information, publishes inquiry forms, or purchases goods or Services on Alibaba.com.

“Seller” refers to any Member who publishes enterprise or product information, promises to sell or sells products on Alibaba.com. A Seller shall be an operator duly registered and validly existing under the relevant laws of the place where it is located.

“Minisite”, refers to a customized website which is one of the platforms where Sellers engage in business activities on Alibaba.com.

“Affiliate” includes Alibaba’s subsidiaries, branches, holding companies and other branch offices, and companies directly or indirectly under common control with Alibaba, and/or their branches.

“Affiliated Websites” refers to the websites operated by Alibaba’s Affiliates, including but not limited to onetouch.alibaba.com, alibaba.com.cn, taobao.com, tmall.com, aliexpress.com, juhuasuan.com, etao.com, alimama.com, fliggy.com, xiami.com, aliyun.com, yunos.com, aliqin.tmall.com, wanwang.aliyun.com, alipay.com and dingtalk.com (including their mobile clients).

 

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