Version date: 8 June 2018
These Terms and Conditions of Use of Third Party Inspection Services (these “Terms”) governs Alibaba’s offering as a platform the add-on inspection services prior to the purchased goods being despatched from the seller (the “Services”) to you by the inspection company Bureau Veritas Consumer Products Services Shanghai Co.,Ltd or China Certification & Inspection Group (the “Inspection Company”). YOUR ENGAGING OF THE INSPECTION COMPANY INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
If you are from mainland China, these Terms are administered and implemented by Hangzhou Alibaba Advertising Co., Ltd. (referred to as “Alibaba” under these Terms.)
2. Collection and Use of Information
You acknowledge and agree that Alibaba shall have the right to use and disclose to the Inspection Company chosen by you the information about you and your purchase order in connection with your goods purchased on the Alibaba.com platform (the “Purchase Order”), including but not limited to your business information (such as the seller and purchaser’s company name and registered address, the trade assurance order number, inspection order number, the inspection package and expected dispatch date), personal information (such as the seller and purchaser’s name, contact details and email addresses) and Purchase Order related information (such the digital image, name, quantity, unit price and specific description of any product contained in the Purchase Order), solely for the purposes of facilitating the performance of obligations by the Inspection Company in connection with the Services.
3. Effectiveness and Revision of the Terms
Alibaba reserves the right to from time to time revise these Terms and the Website Terms. Any amended Terms and the Website Terms shall be effective immediately upon posting of the amended version of such terms on the Alibaba.com website. Your continued use of the Services shall be deemed as your acceptance of the amended and restated Terms and Website Terms.
4. Engaging the Inspection Company
4.1. By choosing to engage a particular Inspection Company under your Purchase Contract, you agree to be bound by the terms and conditions and inspection service agreement applicable to the Services provided by the relevant Inspection Company which are accessible at the hyperlinks at (i) Bureau Veritas Consumer Products Services Shanghai Co.,Ltd (http://www.bureauveritas.cn/BIMFSmtM/SD166_WI_BV_CPS_CONDITIONS_OF_SERVICE_REV03_11DEC15.pdf) or (ii) China Certification & Inspection Group (http://www.ccicshanghai.com/uploads/20141229/20141229105731046.pdf) after you make the choice of which Inspection Company to engage with.
4.2. Any and all disputes between you and the Inspection Company shall be governed by the Inspection Company’s terms and conditions and inspection service agreement agreed and accepted by you under Clause 4.1.
4.3. Once you choose to engage a particular Inspection Company and the use of the Services for the inspection of your purchased goods, the Inspection Company will contact you independently.
4.4. Alibaba reserves the right to change, upgrade, modify, limit or suspend the Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Alibaba further reserves the right to introduce new features, functionalities or applications to the Services or to future versions of the Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these Terms, unless otherwise stated by Alibaba.
5.1. Alibaba receives the service fee that you pay for the Services (“Service Fee”) on behalf of the Inspection Company that you elect to engage. Your payment of the Service Fee shall be valid consideration in return for the Services provided by the Inspection Company pursuant to the terms and conditions agreed and accepted by you under Clause 4.1 in addition to the terms and conditions and inspection service agreement with the Inspection Company.
5.2. Any refund or disputes of the Service Fee shall be governed by the Inspection Company’s terms and conditions and the inspection service agreement as agreed between you and the Inspection Company. All disputes of the Service Fee can be lodged in the Alibaba.com website however they are handled solely by the Inspection Company.
6.1. Your eligibility to sign up for the Services is conditioned upon your fulfillment of all of the following conditions:
(i) you are registered as a free member on the Alibaba.com website;
(ii) you have clicked and agreed to the Terms contained hereinand; and
(iii) you have clicked and agreed to all the terms and conditions and inspection agreement of the Inspection Companies.
7. Representations, Warranties and Undertakings
7.1. You represent, warrant, and undertake (where applicable) to Alibaba that:
(i) you have full power and authority to agree to these Terms, to grant authorization and to perform your obligations hereunder;
(ii) if applicable, you will carry on your operations in compliance with all applicable laws and regulations and shall also conduct your business affairs with integrity and in an ethical manner; and
(iii) you will not use the Services to engage in unlawful activities.
You agree to fully indemnify Alibaba and its affiliates and their employees, agents, contractors and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from or related to (i) any breach by you of any of these Terms and (ii) claims or disputes instituted by third parties. Alibaba reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Alibaba in asserting any available defenses.
9. Limitation of Liability
9.1. You acknowledge that Alibaba merely offers you with an option to select the inspection companies which provides the Services as an add-on service to your purchase contract, and Alibaba receives the Service Fee from you on behalf of the Inspection Company chosen by you. ALIBABA AND THE INSPECTION COMPANIES ARE INDEPENDENT FROM EACH OTHER AND ARE NOT IN ANY RELATIONSHIP OF PARTNERSHIP, JOIN VENTURE, EMPLOYMENT, FRANCHISE OR AGENCY.
9.2. You acknowledge that the Inspection Company’s terms and conditions and the inspection service agreement that you agree and accept under Clause 4.1 is independent from your membership with Alibaba on the Alibaba.com website and that you have exercised independent judgment when deciding to engage the Inspection Company and have placed no reliance on Alibaba despite Alibaba’s provision of the options of selecting the Inspection Company on the Alibaba.com website.
9.3. Alibaba makes no warranties and representations in relation to the Services. The Services may be provided or carried out in conjunction with other third party products and services. ALIBABA MAKES NO WARRANTY REGARDING ANY SERVICES EXECUTED BY THE INSPECTION COMPANY AND/OR ITS AFFILIATES IN CONNECTION WITH THE SERVICES. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH THE SERVICES OR ANY OTHER OFFERINGS IS PROVIDED SOLELY BY THE INSPECTION COMPANY, AND NOT BY ALIBABA AND/OR ITS AFFFILIATES. Alibaba does not warrant or represent that the Inspection Company and/or its affiliates are compliant with the applicable laws and regulations.
9.4. THE USE OF ANY PRODUCTS AND/OR SERVICES OF THE INSPECTION COMPANY AND/OR ANY THIRD PARTIES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES. ALIBABA IS NOT RESPONSIBLE FOR ANY DISPUTES BETWEEN YOU AND THE INSPECTION COMPANY.
9.5. Your exclusive and aggregate remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Services shall be limited to the amount of US$100 for each claim.
9.6. TO THE FULL EXTENT PERMITTED BY LAW, ALIBABA SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWSIE, ARISING FROM THE USE OR INABILITY TO USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE.
10. General Provisions
10.1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
10.2. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
10.3. Any failure by Alibaba to exercise any of its rights under these Terms shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
10.4. Alibaba shall have the right to assign these Terms (including all of its rights, titles, benefits, interests, and obligations and duties in these Terms) to any person or entity (including any affiliates of Alibaba). You may not assign, in whole or part, these Terms to any person or entity.
10.5. THESE TERMS SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S REPUBLIC OF CHINA (“PRC”) IF YOU RESIDE IN MAINLAND CHINA, THE PARTIES TO THESE TERMS HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE PRC COURTS.
10.6. A Chinese version of these Terms has been provided for reference only. In case of inconsistency between the English version and the Chinese version, the English version shall prevail.