(Updated on March 21, 2019)
Section 1: Notices regarding Intellectual Property
All the intellectual property rights and other interests subsisting in the contents of Our Website, including text, images, graphics, trademarks, logos, sound, music, art works, videos etc., including trademark rights, copyrights, patents etc., are the properties of us or our affiliates.
You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through Our Websites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Our Website, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Our Website is prohibited. Use of any content or materials on Our Website for any purpose not expressly permitted in the Terms is prohibited.
You agree to use Our Website and Services solely for your own private and internal purposes.
Section 2 Notices regarding Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Section 3 Notices regarding Limitations of Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED ON OR THROUGH OUR WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND WE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH OUR WEBSITE. WE DO NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON OUR WEBSITE.
You understand and agree that all prospective statements about Alibaba’s future business provided on Our Website are made based on current information, business plan and predictions of the future, which may be affected by many factors and may be modified by us from time to time based on the changes in the market, and are not intended to be viewed as promises for future services or plans. We will not post further notices in case we change or withdraw any statements. You agree not to hold us liable for any losses based on our statements or modifications of our statements.
You understand and agree that, to provide you with better services, we have the right to inspect and repair Our Website or certain functions/facilities of Our Website from time to time, which may cause suspension of services within a reasonable period of time. You agree not to hold us liable for any losses incurred by such suspension of Services.
You understand and agree that, during your use of Services, there may be force majeure events, including natural disasters, such as earthquakes, plagues, storms etc., and social events, such as strike-outs, state actions etc., which may cause the suspension of Services. In the events of force majeure, we will make reasonable efforts to try to restore the Services. You agree not to hold us liable for any losses incurred by such suspension of Services.
You understand and agree that we cannot foresee or prevent any losses and suspension of Services caused by legal or technical risks, including viruses, hacking events, instability of the systems. To the extent allowed by the law, you agree not to hold us liable for such losses.
Section 4 Miscellaneous
The formation, effectiveness, interpretation and resolution of disputes in connection with Our Website and this TOU is governed by the laws and regulations of the People’s Republic of China (excluding the laws of conflict). In case there are any disputes, you agree to resolve the matters with us via mediation in good faith; where mediations fail to resolve the matters, you agree to resort to the people’s court in Yuhang District, Hangzhou for litigations.
In case any of the clauses of this TOU is expired, terminated or annulled, the clause shall be severed from this entire TOU and it shall not affect the effectiveness and enforceability of the remaining clauses.
A. COLLECTION OF INFORMATION
Your privacy is important to us and we have taken steps to ensure that we do not collect more information from you than is necessary for us to provide you with services while you browse our website. The information we collect about you may include some or all of the following (“Personal Data”):
B. USE OF PERSONAL DATA
We collect and use your Personal Data for the following purposes:
C. DISCLOSURE OF PERSONAL DATA
We may disclose and transfer (whether within or outside the jurisdiction where our offices are located) your Personal Data to affiliated companies in the Alibaba Group.
When we believe it is necessary to comply with applicable laws or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person, we may also disclose and transfer your Personal Data to our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations, or as otherwise required or permitted by applicable laws.
We may also disclose your Personal Data to any other person with your consent to the disclosure
We retain your Personal Data for one year, or as required or permitted by applicable laws, such as tax and accounting laws.
We may provide aggregated or anonymized data to third parties, but when we do so, the information we share is in a de-identified format that does not personally identify you.
D. RIGHTS REGARDING PERSONAL DATA
Under the applicable laws, you may have the rights of access to Personal Data held by us and other rights. If you are a visitor from the European Union, please refer to section H. VISITORS FROM THE EUROPEAN UNION below for more information.
If and to the extent permitted by applicable law, we may charge you a fee for the processing of any request you make regarding your Personal Data.
We do not intend to collect Personal Data from minors under the age of 18. Parents and schools may use our Website to create accounts for minors, such as registering them for activities. We encourage parents and teachers to spend time online with minors and to monitor their online activities. If you believe that a child has created an account on our Website, please contact us to have the account deactivated by sending us an email at [firstname.lastname@example.org].
F. SECURITY MEASURES
We employ commercially reasonable security methods to prevent unauthorized access to our system, to maintain data accuracy and to ensure the correct use of the information we hold.
No data transmission over the internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect the information we hold for you, we cannot guarantee the security of any information you transmit to us and you do so at your own risk.
H. VISITORS FROM THE EUROPEAN UNION
If you are in the EEA your controller is Alibaba DAMO (Hangzhou) Co., Ltd. (incorporated in Hangzhou, China). For contact details, please see section I. HOW TO CONTACT US below.
Legal Basis for Data Processing
If we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), this interest will normally be to implement visitors management, manage our relationship with you and communicate with you as necessary and for our legitimate commercial interest, for instance, when responding to your queries or for the purposes of ensuring the security of our offices and information system. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.
If we ask you to provide Personal Data to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). In some instances, you may be required to provide us with Personal Data for processing as described above.
We retain your Personal Data for one year, or as required or permitted by applicable laws. When we have no ongoing legitimate business need to process your Personal Data, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then we will securely store your Personal Data and isolate it from any further processing until deletion is possible.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Data, please contact us using the contact details provided under section I. HOW TO CONTACT US below.
International Transfers of Personal Data
If you are a resident of the European Economic Area, you have the following data protection rights, which you can exercise at any time by contacting us using the contact details provided under section I. HOW TO CONTACT US below:
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected.
i HOW TO CONTACT US