Agreement on Use of Complaint Center
( Published: 10 Nov 2010 )
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Alibabaprovides this service based on the following terms and conditions.
Parties to this agreement are Complaint Center users (hereinafter referred to as “Users”) and Alibaba.com Hong Kong Limited (hereinafter referred to as “Alibaba”).
1.1 Complaint Center (hereinafter referred to as “the System”)– means a computer software program developed by Alibaba to allow Users to sign in to the System and report suspected transaction disputes, product information in violation of our policies, etc..
1.2 User – means any person (whether an individual or an entity) who uses the System to report or respond to complaints.
2. Effect of Agreement
2.1 This Agreement includes the body herein contained and any rules that Alibaba has issued or may from time to time issue in the future for the System. All such rules shall form an integral part of this Agreement and have the same legal effect as the body of this Agreement herein contained.
2.2 When using the System, User promises to accept and comply with all relevant rules. Alibaba reserves the right to supplement and amend this Agreement and all related rules at its sole discretion from time to time and Alibaba will inform User of related changes in an appropriate manner. If User does not accept the relevant changes, he should stop using the System. Once the revised Agreement has been published on Alibaba.com, it takes effect immediately. All related rules, which also form part of this Agreement, will take effect upon their release. If User signs in to or continues to use the System, he shall be deemed to have accepted the revised Agreement. Unless otherwise expressly stated, any new content that widens the coverage of the System or enhances its function shall be subject to this Agreement.
2.3 After User has confirmed acceptance of this Agreement, the Agreement shall have legal effect as between User and Alibaba. User should read this Agreement carefully before using the System. If there is any doubt, he may consult Alibaba or his own legal advisers. Irrespective of whether User has actually read this Agreement carefully before using the System, as long as he has clicked the "Confirm" button at the bottom of the body of this Agreement, User is deemed to have consented to and entered into this Agreement.
3. Instructions for Using the System
3.1 When submitting a complaint, User must submit supporting materials in accordance with the requirements of the System, including but not limited to the complaint form, related transaction proof and so on. User warrants that the information and all materials submitted by him are true, lawful, timely, valid and accurate.
3.2 When submitting a complaint, User has the obligation to provide correct information and warrants the validity and security of such information as e-mail address, telephone number, address etc. and shall ensure that Alibaba and the party being complained of can contact him through the aforesaid contact information. In addition, User should send a written notice to Alibaba immediately upon there being any changes in the relevant information.
3.3 When the System shows a successful submission of complaint, it only means that User has completed the submission in accordance with the procedures prescribed by the System and it does not necessarily follow that Alibaba will accept the complaint or deal with the complaint in the way requested.
3.4 When the submitted information meets the complaint standard, Alibaba will inform the company being complained of about the complaint, and ask him to respond to the complaint within a reasonable period. Alibaba has the right to modify the response period in light of the actual situation. Once the response period is over and the company being complained of has not responded, Alibaba has the right to impose certain punishment on him accordingly.
3.5 If the company being complained of submits a counter-notice within the response period, which is considered as reasonable and valid prima facie, Alibaba will forward the counter-notice details to the complainant and ask him to respond to it within a reasonable period of time. If the complainant objects to the counter-notice, the complainant may file a dispute notice with Alibaba.
3.6 User acknowledges and agrees that Alibabahasno responsibility or ability to judge / decide the authenticity of the contents and merits of the complaint and the counter-notice. Alibaba is neither a law enforcement unit nor a judge / arbiter of business disputes. Alibaba shall not be responsible for any suspected frauds / business misconducts made by its members.
3.7 At any time during the process of the complaint, Alibaba has the right to require User to supplement any information or provide any additional material in relation to the complaint. After receiving request for additional information in relation to the complaint, User must provide relevant information inatimely mannerin accordance with the requirements of Alibaba. If there is a failure to do so, Alibaba shall have the right to treat the complaint as not having been submitted.
4. User Declaration
User declarations and warranties
- User warrants that he is legally entitled, subject to civil law, and has the right and capacity to file complaints legitimately.
- Alibaba acts as an internet information service platform, who does not have the ability to determine whether any information published on the website may constitute any infringement or settle transaction dispute issues, etc.. Alibaba has the right to consider a way to handle the aforementioned counter-notices to be submitted by companies being complained of accordingly.
- The whole complaint procedure to be processed over the System is in compliance with national laws, regulations and relevant provisions, as well as all relevant aspects of social and public interests or public morals. If there is any violation giving rise to legal consequences, User undertakes to assume all corresponding legal responsibilities in his own name.
- User agrees that Alibaba has the right to disclose relevant information of the complaint, including but not limited to contact information, complaint details and relevant supporting documentation to complainants / companies being complained of for the purposes of processing and settling complaints.
- User agrees not to use any information from the System for any purposes other than processing and settling related complaints.
- User agrees to receive e-mail and information from Alibaba and its affiliates.
5. Termination of Use of the System
Alibaba hasthe right to terminate any use of the System at any time without further noticefor the circumstances as follow:
- User violates any provision of this Agreement
- Any materials submitted by User for complaint is fake or contains anything false or illegal
- User expressly indicates his unwillingness to accept a new or revised agreement
- Any circumstances that Alibaba may in its sole discretion consider necessary to terminate use of the System
6. Post Termination of Use of the System
6.1 After the termination of use, Alibaba has no obligation tokeep any complaint related information after the termination of use of the System. Alibaba has the right to delete the information after a reasonable period of time.
6.2 Regardless of the manner of which Alibaba terminates the use of the System, Alibaba reserves its right to:
- Keep or not to keep User's complaint records;
- Take appropriate actions against User who breached this Agreement or performed any illegal conduct before termination of use of the System.
7. Change and Suspension to the System
7.1 User agrees that Alibaba may at its sole discretion change or suspend part or all of the System’s functionality and usage thereof and delete any material User has submitted to the System without notifying User or being liable to User or any third party.
7.2 User understands that Alibaba has to maintain and / or may need to repair the System and / or its related equipment on a regular or irregular basis. Alibaba does not bear any responsibility towards User for any delay or suspension of the use of the System for the said situations.
8.Intellectual Property Rights
8.1 Alibaba is the intellectual property right owner of all contents of the System, including but not limited to word articles, pictures, files, website design, and any intellectual property materials therein. The intellectual property rights of the aforesaid materials are, including but not limited to trademark rights, patent rights, copyrights, commercial secrets, etc..
8.2 Without prior written consent from Alibaba, no individual or entity shall use, modify, copy, distribute publicly, change, disseminate, issue or publish publicly any intellectual property materials of the System, including the system technology and programming.
8.3 If User infringes on any of Alibaba’s intellectual property rights, Alibaba reserves the right to take appropriate actions to claim any losscaused by User’s infringing conduct under the laws.
The following provisions apply to any information received and recorded by Alibaba from User’s browser at the time User visits the System’s webpage, including but not limited to IP addresses.
9.2 Use of Information
- Alibaba only uses the collected information for the purposes of processing related complaints and data analysis internally. Alibaba will neither use the collected information for any purposes other than the aforesaid nor share them with any third party (except Alibaba Group and its affiliates).
- Alibaba does not allow any third party to collect, edit, sell or disseminate for free the User's personal information by any means. If Alibaba discovers any User engaged in the aforesaid activities, Alibaba has the right to cease all the access rights to the System of User immediately without further notice.
9.3 Information Disclosure
User's information may be partially and fully disclosed for the situations as follow:
- User consents to disclose the information to a designated third party for a specific purpose
- In compliance with relevant provisions of any applicable laws, or upon requests ofnational official bodiesempowered by the laws, User information may be disclosed accordingly
- Upon request of a third party who has obtained a judicial order for related information disclosure
- Any information disclosures that Alibaba considers appropriate which are regulated and / or allowed under the laws.
10. Amend Agreement
10.1 Alibaba reserves the right to amend any provision of this Agreement. If there is any change to any provision of this Agreement, Alibaba will inform User of relevant changes in an appropriate manner.
10.2If User disagrees with any change of this agreement, he is free to stop using the System. If User continues to use the System, he is deemed to accept all changes of this Agreement.
11. Notification Delivery
11.1 Alibaba may deliver notification to User by ways of webpage bulletins, emails, short message service (“SMS”) or regular mail delivery, etc. Notification is deemed to be received by User on the date it is sent.
11.2 User should deliver his messages to Alibaba through the physical addresses, fax numbers, e-mail addresses and other information published on the System.
This Agreement shall be construed and governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China; and any dispute arising thereof shall be submitted to the Hong Kong courts.