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Free Membership Agreement

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0% found this document useful (0 votes)
17 views42 pages

Free Membership Agreement

Uploaded by

james iurif
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 42

AliExpress.

com Free Membership Agreement

Part A: New version - updated on March 7, 2024 and effective as of March 22, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! THIS FREE


MEMBERSHIP AGREEMENT LIMITS THE RIGHTS AND REMEDIES AVAILABLE TO
MEMBERS WITH RESPECT TO THE SERVICES AND CONTAINS BINDING OBLIGATIONS
ON MEMBERS. PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT
LIABILITY, TERMS LIMITING MEMBERS’ ABILITY TO SUE, AND TERMS OF
GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL
LETTERS. THIS AGREEMENT RELATES TO WWW.ALIEXPRESS.COM,
WWW.ALIEXPRESS.RU, AND WWW.TMALL.RU.

1. ACCEPTANCE OF TERMS
1.1 WELCOME TO ALIEXPRESS.COM'S FREE SERVICE (the "SERVICE"). The following
sets forth the terms and conditions of the AliExpress.com Free Membership Agreement (this
"Agreement") between you (“Member”) and the AliExpress.com contracting company determined
in accordance with this clause 1.1 ("AliExpress.com") under which AliExpress.com offers you
access to and use of the Service through the websites, mobile sites, mobile applications and other
portals owned, operated, branded or made available by AliExpress.com to you from time to time
relating to the AliExpress e-commerce platform including but not limited to the web and mobile-
optimized versions of the websites identified by the uniform resource locator
“www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” and their sub-domains, and the
mobile applications of the AliExpress e-commerce platforms (collectively the “AliExpress Sites” or
the “Sites”).

Contracting AliExpress.com party:


a)If you are from mainland China, your contract is with Hangzhou Alibaba Advertising Co., Ltd,
other than in relation to Promotion Services (as defined in the AliExpress.com Terms of Use ), in
which case your contract for such services is with Alibaba.com Hong Kong Limited.
b)If you are from the United States of America, your contract is with AliExpress E-Commerce One
Pte. Ltd.
c)If you are from a place outside mainland China, the United States of America or the Relevant
Jurisdictions (as defined in (d) below), your contract is with Alibaba.com Singapore E-Commerce
Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).
d)Notwithstanding anything to the contrary in the forgoing paragraphs (a), (b)and (c), if you are
resident in or access and use AliExpress Sites from any of the Relevant Jurisdictions (the
“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress CIS Holding Pte. Ltd.
(incorporated in Singapore with Company Reg. No.201917627W)1. “Relevant Jurisdictions” shall
mean the Russian Federation, Azerbaijan, Armenia, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
Moldova, Turkmenistan, Tajikistan and Uzbekistan.

As some or part of the Service may be supported and provided by affiliates of AliExpress.com,
AliExpress.com may delegate some aspects of the Service to its affiliates. Use of the Service
indicates that you accept the terms and conditions set forth below. If you do not accept all of the
terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION
PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR
CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S ALIEXPRESS.COM TERMS
OF USE , ALIEXPRESS PRODUCT LISTING POLICY AND PRIVACY POLICY (DEFINED
BELOW) WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY
REFERRED TO AS THE "TERMS OF USE"). The AliExpress.com Free Membership Agreement
will not take effect unless and until you have activated your Account. Terms not defined in this
Agreement shall bear the same meaning as that contained in the Terms of Use.

1.2 ALIEXPRESS.COM MAY AMEND THIS AGREEMENT AT ANY TIME BY


POSTING THE AMENDED AND RESTATED AGREEMENT ON THE SITES. THE
AMENDED AND RESTATED AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING. POSTING BY ALIEXPRESS.COM OF THE AMENDED AND
RESTATED AGREEMENT AND YOUR CONTINUED USE OF THE SERVICE SHALL BE
DEEMED TO BE ACCEPTANCE OF THE AMENDED TERMS. IT IS THE MEMBER’S
RESPONSIBILITY TO REVIEW THE TERMS OF USE REGULARLY FOR UPDATES,
AND THAT ALIEXPRESS.COM IS NOT REQUIRED TO PROVIDE AFFIRMATIVE
NOTICE OF CHANGES TO THIS AGREEMENT BY ANY MEANS OTHER THAN
POSTING THE UPDATES TO THE SITES.
2. THE SERVICE
2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in
accordance with the terms of this Agreement.

2.2 The Service will have the following core features (which may be added to or modified, or
suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole
discretion ofAliExpress.com and notified to you) ("Free Member Benefits"):
a)Company Profile - allows each Member to display and edit basic information about its business,
such as year and place of establishment, estimated annual sales, number of employees, and products
and services offered, etc.
b)Products - allows each Member to display and edit descriptions, specifications and images of at
least 5 products.
c)Unlimited Buyer Trade Lead Posting - allows each Member to post on the Sites for public display
offers to buy products and services from other users of the Sites.

2.3 ALIEXPRESS.COM MAY SUSPEND OR TERMINATE ALL OR PART OF THE


ABOVE FREE MEMBER BENEFITS AT ANY TIME IN ITS SOLE DISCRETION
WITHOUT LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH SUCH SUSPENSION OR TERMINATION.ALIEXPRESS.COM
RESERVES THE RIGHT TO CHARGE FOR THE SERVICE OR ANY FEATURE OR
FUNCTIONALITY OF THE SERVICE AT ANY TIME IN ITS SOLE DISCRETION.

2.4 Benefits, features and functions available to a Member may vary for different countries and
regions. No warranty or representation is given that a particular feature or function or the same type
and extent of features and functions will be available.

2.5 The availability of any transactional features and functions on the Sites to any Member may be
conditional on verification of Member’s identity and/or its designated bank account by
AliExpress.com and/or its approved independent third parties.
2.6 AliExpress.com shall issue a Member ID and Password (the latter shall be chosen by the
Member during registration) to each Member to access the Service through such Member's Account.
Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and
Password and for all use of and activities that occur under the Member ID and Password (whether
such use or activities are authorized or not). A set of Member ID and Password is unique to a single
Account and no Member shall share, assign or permit the use of its Account, Member ID or
Password to another person, even to other individuals within the Member's own business entity
(where applicable). Each Member acknowledges that sharing of its Account with other persons, or
allowing multiple users outside of its business entity to use its Account (collectively, "multiple
use"), may cause irreparable harm to AliExpress.com. EACH MEMBER SHALL INDEMNIFY
ALIEXRESS.COM AGAINST ANY LOSS OR DAMAGES (INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS) SUFFERED BY ALIEXPRESS.COM AS A RESULT OF
SUCH MULTIPLE USE OF AN ACCOUNT. Each Member hereby undertakes to notify
AliExpress.com immediately of any unauthorized use of its Account, Member ID or Password or
any other breach of security. EACH MEMBER HEREBY AGREES THAT
ALIEXPRESS.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING
FROM THE MEMBER'S FAILURE TO COMPLY WITH THIS PARAGRAPH.

2.7 ALIEXPRESS.COM RESERVES THE RIGHT TO CHANGE, UPGRADE, MODIFY,


LIMIT OR SUSPEND THE SERVICE OR ANY OF ITS RELATED FUNCTIONALITIES
OR APPLICATIONS AT ANY TIME TEMPORARILY OR PERMANENTLY WITHOUT
PRIOR NOTICE, EXCEPT IN RESPECT OF ANY ALIEXPRESS RELEVANT
JURISDICTION USERS. AliExpress.com further reserves the right but shall not be obliged to
introduce new features, functionalities, applications or conditions to the Service or to future
versions of the Service, except in respect of any AliExpress Relevant Jurisdiction Users. All new
features, functionalities, applications, conditions, modifications, upgrades and alterations shall be
governed by this Agreement, unless otherwise stated by AliExpress.com. In respect of any
AliExpress Relevant Jurisdiction Users, AliExpress CIS Holding Pte. Ltd. is the relevant party.

2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever
reason may have adverse effects on its business. EACH MEMBER HEREBY AGREES THAT
IN NO EVENT SHALL ALIEXPRESS.COM BE LIABLE TO THE MEMBER OR ANY
THIRD PARTIES FOR ANY INABILITY TO USE THE SERVICE (WHETHER DUE TO
DISRUPTION, CHANGES TO OR TERMINATION OF THE SERVICE OR OTHERWISE),
ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY
COMMUNICATIONS OR TRANSMISSION OR DELIVERY OF ALL OR ANY PART
THEREOF, OR ANY LOSSES OR DAMAGES (DIRECT, INDIRECT, CONSEQUENTIAL
OR OTHERWISE) ARISING FROM THE USE OF OR INABILITY TO USE THE
SERVICE.

2.9 If your IP address comes from the mainland China when you successfully complete the
registration with AliExpress.com, you will be granted an Alipay Username in addition to your
Member ID. If your registration was completed before March 18, 2013 or the email address you
used for your registration has already been registered with other Alibaba Sites (as defined below),
you will not be granted the Alipay Username. You are allowed to use the Alipay Username to login
to the websites including www.alipay.com, www.taobao.com, www.tmall.com, www.etao.com,
www.ju.taobao.com, www.aliyun.com, www.alibaba.com , www.china.alibaba.com and other
websites (collectively, the “Alibaba Sites”). You hereby represent and agree to authorize
AliExpress.com to provide all the information associated with your Member ID to the Alibaba Sites
for the purpose of facilitating your easy and fast access to the Alibaba Sites. Your responsibilities
with regard to the Alipay Username shall apply to the same terms and conditions in connection with
the Member ID as prescribed under this Agreement. ALIEXPRESS.COM RESERVES THE
RIGHT, WITHOUT PRIOR NOTICE AND AT ITS SOLE DISCRETION, TO SUSPEND,
RESTRICT OR DENY ACCESS TO OR USE OF YOUR ALIPAY USERNAME AND
SERVICES PROVIDED BY ALIEXPRESS.COM AND ALIBABA SITES WITHOUT
LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH SUCH SUSPENSION OR TERMINATION, IF YOU: (A) USE THE SERVICES
PROVIDED BY ALIEXPRESS.COM, OR THROUGH THE SITES AND THE ALIBABA
SITES TO DEFRAUD ANY PERSON OR ENTITY; (B) ENGAGE IN ANY UNLAWFUL
ACTIVITIES INCLUDING WITHOUT LIMITATION THOSE WHICH WOULD
CONSTITUTE THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, A
CIVIL LIABILITY OR A CRIMINAL OFFENCE; (C) ENGAGE IN ANY ACTIVITIES
THAT WOULD OTHERWISE CREATE ANY LIABILITY FOR ALIEXPRESS.COM, THE
SITES OR THE ALIBABA SITES.
2.10 If you voluntarily submit any information to the Sites for publication on the Sites through the
publishing tools, including but not limited to, company or business profile, product catalog, trade
leads, business trust system and any discussion forum, you are deemed to have given consent to the
publication of such information on the Sites.

3. MEMBER RESPONSIBILITIES
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current,
complete and timely information about itself and its business references as may be required by
AliExpress.com and (b) maintain and promptly amend all information to keep it true, accurate,
current, complete and timely. Business Member must provide its accurate registration information
and other information required by AliExpress.com and update that if there is any change. To the
extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual,
worldwide and royalty-free, sub-licensable (through multiple tiers) license to AliExpress.com to
display and use all information provided by such Member in accordance with the purposes set forth
in this Agreement and to exercise the copyright, publicity, and database rights such Member has in
such material or information, in any media now known or not currently known. Information that is
protected under privacy and data protection laws will only be used and kept in compliance with
those laws.

3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the
Service and the Sites shall not:
a)contain fraudulent or misleading information or make fraudulent offers of items or involve the
sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is
prohibited by applicable law, or otherwise promote other illegal activities;
b)be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful
purpose;
c)infringe or otherwise abet or encourage the infringement or violation of any third party's
copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and
privacy or other legitimate rights;
d)impersonate any person or entity, misrepresent yourself or your affiliation with any person or
entity;
e)violate any applicable law, statute, ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition, anti-discrimination or false
advertising);
f)contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
g)contain information that is obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually explicit materials or is
otherwise harmful to minors;
h)promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or
age;
i)contain any material that constitutes unauthorized advertising or harassment (including but not
limited to spamming), invades anyone's privacy or encourages conduct that would constitute a
criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
j)involve attempts to copy, reproduce, exploit or expropriate AliExpress.com's various proprietary
directories, databases and listings;
k)involve any computer viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software or hardware system, data or
personal information;
l)involve any scheme to undermine the integrity of the computer systems or networks used by
AliExpress.com and/or any user of the Service and no Member shall attempt to gain unauthorized
access to such computer systems or networks;
m)link directly or indirectly to or include descriptions of goods or services or other materials that
violate any law or regulation or are prohibited under this Agreement or the Terms of Use;
n)list or sell any product recalled by a manufacturer or governmental agency if the sale of the
product is prohibited by law or regulation or the product poses a health or safety hazard as specified
by any applicable governmental agency; or such product is subject to an interim and permanent ban
imposed by any applicable governmental agency; or where such product is subject to a public notice
of defect or failure to comply has been issued by an applicable governmental agency; or
otherwise create any liability for AliExpress.com or its affiliates.

3.3 Each Member represents, warrants and agrees that with regards to information about or posted
on behalf of any business referee, it has obtained all necessary consents, approvals and waivers
from such referee to (a) act as such Member's business referee; (b) to post and publish their contact
details and information, reference letters and comments on their behalf; and (c) that third parties
may contact such business referees to support claims or statements made about the Member. Each
Member further warrants that all reference letters and comments are true and accurate and hereby
waives all requirements for such Member's consent to be obtained before third parties may contact
the business referees. Each Member must keep the personal information collected as strictly
confidential and may not disclose it to any third-party including affiliates without the authorization
or consent of those subjected to collection, except when doing so is required for cooperation in
regulatory or law enforcement activities in accordance with the law.

3.4 Member shall not take any action which may undermine the integrity of AliExpress.com's
feedback system, such as including content prohibited by applicable laws and regulations, leaving
positive feedback for itself using secondary Member IDs or through third parties or by leaving false,
fabricated or unsubstantiated negative feedback for another Member. Member shall also disclose its
relationship with the user for which such Member is posting a review. Member acknowledges that
AliExpress.com has the right to take measures regarding such feedback in accordance with
applicable laws.

3.5 Each Member acknowledges and agrees that AliExpress.com reserves the right to, but shall
not be required to actively monitor nor exercise any editorial control whatsoever over the content of
any message or other material or information created, obtained or accessible through the Service.
AliExpress.com does not endorse, verify or otherwise certify the contents of any comments or other
material or information made by any Member. Each Member is solely responsible for the contents
of their communications and may be held legally liable or accountable for the content of their
comments or other material or information.

3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party
licenses and permissions and shall be solely responsible for ensuring that any material or
information it posts on the Sites or provides to AliExpress.com or authorizes AliExpress.com to
display does not violate the copyright, patent, trademark, trade secrets or any other personal or
proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Each Member further represents, warrants and agrees that it has the right and authority to sell,
distribute or offer to sell or distribute the products described in the material or information it posts
on the Sites or provides to AliExpress.com or authorizes AliExpress.com to display.

3.7 To the extent applicable, each Member represents, warrants and agrees that certain products
sold to California require a warning under California Health & Safety Code Section 25249.6 (a
"Proposition 65 Warning”) and each Member shall (a) promptly display a Proposition 65 Warning
on the product detail page as required under the relevant law; (b) authorize AliExpress.com to
display a Proposition 65 Warning on your behalf; and (c) only revise or remove a Proposition 65
Warning for a product when the prior warning needs to be modified or is no longer legally required,
as the case may be.

3.8 If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2,
3.3, 3.4, 3.5 , 3.6 or 3.7 above, or if AliExpress.com has reasonable grounds to believe that such
Member is in breach of such representations, warranties and covenants, or if upon complaint or
claim from any other Member or third party, AliExpress.com has reasonable grounds to believe that
such Member has willfully or materially failed to perform its contract with such third party
including without limitation where a Member who supplies products or services using the Sites and
Services has failed to deliver any items ordered by such third party after receipt of the purchase
price, or where such Member has delivered the items that materially fail to meet the terms and
descriptions outlined in its contract with such third party, or if AliExpress.com has reasonable
grounds to believe that such Member has used a stolen credit card or other false or misleading
information in any online transaction, AliExpress.com has the right to suspend or terminate the
Service and all Free Member Benefits with respect to such Member without compensation and
without liability for any losses or damages arising out of or in connection with such suspension or
termination, and restrict or refuse any and all current or future use of the Service or any other
services that may be provided by AliExpress.com. Further, AliExpress.com reserves the right in its
sole discretion to place restrictions on the number of product listings that a Member can post on the
Sites for such duration as AliExpress.com may consider appropriate, and to remove any material it
reasonably believes that is unlawful, could subject AliExpress.com to liability, violates this
Agreement or the Terms of Use or is otherwise found inappropriate in AliExpress.com's opinion.
AliExpress.com reserves the right to cooperate fully with governmental and regulatory authorities,
law enforcement bodies, private investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, MEMBER ACKNOWLEDGES AND
AGREES THAT TO THE EXTENT AS REQUIRED BY APPLICABLE LAWS AND
COMPETENT AUTHORITIES, INCLUDING WITHOUT LIMITATION A
GOVERNMENT, REGULATORY OR LAW ENFORCEMENT BODY OR AN INJURED
THIRD PARTY, OR AS A RESULT OF A SUBPOENA OR OTHER LEGAL ACTION,
ALIEXPRESS.COM MAY PROVIDE CERTAIN INFORMATION TO COMPETENT
AUTHORITIES. Moreover, AliExpress.com shall not be liable for damages or results thereof
and MEMBER AGREES NOT TO BRING ANY ACTION OR CLAIM AGAINST
ALIEXPRESS.COM FOR SUCH DISCLOSURE. In connection with any of the foregoing,
AliExpress.com may (i) suspend or terminate the Account of any Member as AliExpress.com deems
appropriate in its sole discretion; and (ii) announce decisions to take actions against Member on the
Sites, together with relevant information including without limitation the Member’s name, the
illegal action or the breach of the relevant rules on the Sites or other public platforms.

3.9
EACH MEMBER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS
ALIEXPRESS, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND
REPRESENTATIVES, FROM ANY CLAIMS, LOSSES, DAMAGES, ACTIONS, OR
LIABILITIES OF ANY KIND (INCLUDING LEGAL FEES AND COSTS) ARISING OUT
OF OR RELATING THE MEMBER’S ACTUAL OR ALLEGED BREACH OF THE
AGREEMENT. ALIEXPRESS RESERVES THE RIGHT TO SELECT DEFENSE
COUNSEL AND CONTROL THE DEFENSE AND RESOLUTION OF ANY SUCH
MATTER IN ITS DISCRETION.
Each Member further agrees that AliExpress.com is not responsible, and shall have no liability to it
or anyone else for any material posted by such Member or third parties, including fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage
from such material rests entirely with each Member.

4. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS


4.1 Through the Sites, AliExpress.com provides an electronic web-based platform for exchanging
information and concluding sale and purchase transactions of products and services online between
buyers and sellers. AliExpress.com reserves the right to limit certain features and functions of the
platform to prescribed Members. Despite the provision of the platform through the Sites,
AliExpress.com does not represent the seller or the buyer in specific transactions whether or not
such transactions are made on or via the Sites. AliExpress.com does not control and is not liable to
or responsible for the quality, safety, lawfulness or availability of the products or services offered
for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to
complete a purchase.

4.2 Members are hereby made aware that there may be risks of dealing with people acting under
false pretences. AliExpress.com uses several techniques to verify the accuracy of the information
our users provide us when they register on the Sites. However, because user verification on the
Internet is difficult, AliExpress.com cannot and does not confirm each free member's purported
identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the
representative of a seller in mainland China opening a storefront on www.aliexpress.com according
to the applicable laws in mainland China. We encourage you to use the various tools available on
the Sites, as well as common sense, to evaluate with whom you are dealing.

4.3 EACH MEMBER ACCESSING OR USING THE SITES OR SERVICE SHALL FULLY
ASSUME THE RISKS OF CONDUCTING ANY PURCHASE AND SALE TRANSACTIONS
IN CONNECTION WITH OR THROUGH THE SITES OR SERVICE. SUCH RISKS
SHALL INCLUDE, BUT NOT LIMITED TO, MIS-REPRESENTATION OF PRODUCTS
AND SERVICES, FRAUDULENT SCHEMES, UNSATISFACTORY QUALITY, FAILURE
TO MEET SPECIFICATIONS, DEFECTIVE PRODUCTS, PRODUCT RECALLS, DELAY
OR DEFAULT IN DELIVERY OR PAYMENT, COST MIS-CALCULATIONS, BREACH OF
WARRANTY, BREACH OF CONTRACT AND TRANSPORTATION ACCIDENTS
("TRANSACTION RISKS"). EACH MEMBER AGREES THAT ALIEXPRESS.COM
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, LIABILITIES,
COSTS, HARMS, INCONVENIENCES, BUSINESS DISRUPTIONS OR EXPENDITURES
OF ANY KIND THAT MAY ARISE A RESULT OF OR IN CONNECTION WITH ANY
TRANSACTION RISKS. AliExpress.com has the right to suspend or terminate any Member’s
Account or deduct from a Member’s account for the related costs or expenses incurred by
AliExpress.com related to such Transaction Risks caused by such Member. MEMBER
AGREES TO RELEASE AND INDEMNIFY ALIEXPRESS.COM (AND
ALIEXPRESS.COM’S AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND
EMPLOYEES) FROM ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS,
EXPENSES AND DAMAGES (INCLUDING WITHOUT LIMITATION ANY ACTUAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN
CONNECTION WITH ANY TRANSACTION RISK.

4.4 Members are solely responsible for setting out, agreeing on, entering into and performing all
of the terms and conditions of the transactions conducted on, through or as a result of use of the
Sites, including, without limitation, any non-performance, non-delivery, mis-delivery, theft, or other
mistake or act in connection with the fulfillment of the orders, any non-conformity or defect in, any
public or private recall of, or safety alert of any of the products or services such Member lists or
sells through the Services, any terms regarding payment, refunds, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to
any additional obligations imposed under the Transactional Services Agreement (and in particular,
clause 3.2). Any purchases made via the Services may be subject to the respective seller’s
additional terms and conditions of purchase. Each Member will promptly notify AliExpress.com as
soon as such Member has knowledge of any public or private recalls, potential recalls, public notice
of defect or failure to comply issued by any applicable government agency, an interim or permanent
ban imposed by any applicable government agency, or safety alerts of the products and services
such Member lists or sells through the Services. Each Member will promptly remove all listings for
any product recalled by a manufacturer or governmental agency if the sale of the product is
prohibited by law or regulation or the product poses a health or safety hazard as specified by any
governmental agency, or if such product is subject to a public notice of defect or failure to comply
issued by any applicable government agency, or if such product is subject to an interim or
permanent ban imposed by any applicable government agency. Each Member will cooperate and
assist AliExpress.com in connection with any recalls or safety alerts, including by initiating the
procedures for returning items to such Member and destroying such recalled products thereafter.
Each Member will be solely responsible for all costs and expenses the Member, AliExpress.com or
any of AliExpress.com’s affiliates incur in connection with any such recall or potential recall or
safety alerts (including the costs to return, destroy, refund, store, repair, liquidate, or deliver to the
Member or any vendor any of these recalled products). Neither AliExpress.com nor any of its
affiliates has any responsibility or liability for the safety or performance of any product that each
Member list or sell through the Services, including any product that is subject to a recall.
4.5 EACH MEMBER AGREES TO PROVIDE ALL INFORMATION AND MATERIALS
AS MAY BE REASONABLY REQUIRED BY ALIEXPRESS.COM IN CONNECTION
WITH ITS TRANSACTIONS MADE VIA THE TRANSACTIONAL PLATFORM ON THE
SITES. ALIEXPRESS.COM HAS THE RIGHT TO SUSPEND OR TERMINATE ANY
MEMBER’S ACCOUNT IF THE MEMBER FAILS TO PROVIDE THE REQUIRED
INFORMATION AND MATERIALS WITHOUT LIABILITY FOR ANY LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH SUSPENSION OR
TERMINATION.

4.6 IN THE EVENT THAT ANY MEMBER HAS A DISPUTE WITH ANY PARTY TO A
TRANSACTION, SUCH MEMBER AGREES TO RELEASE AND INDEMNIFY
ALIEXPRESS.COM (AND ALIEXPRESS.COM’S AGENTS, AFFILIATES, DIRECTORS,
OFFICERS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, ACTIONS,
PROCEEDINGS, COSTS, EXPENSES AND DAMAGES (INCLUDING WITHOUT
LIMITATION ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTE OR THE
TRANSACTION.

4.7 Each Member acknowledges that AliExpress.com has the right to keep the identity
information of it after its exit from the platform and to keep the product or service information,
payment records, logistics and express delivery, return and replacement of goods and after-sales
services.

5. USE OF DISCUSSION BOARDS ON THE SITE


5.1 AliExpress.com provides its Members use of discussion boards on the Sites free of charge to
promote and encourage open, honest and respectful communication between all of
AliExpress.com’s Members. The discussion boards on the Sites shall not be used as a marketing
platform by Members and Members shall not post any information relating to trade leads,
promotion of their products or their company profile.
AliExpress.com is a provider of “interactive computer services” and, as such, our liability for
defamation and other claims arising out of any postings to this site by third parties is limited as
described in the Communications Decency Act, 47 U.S.C. Section 230. AliExpress.com is not
responsible for content or any other information posted to this Sites by Members or any third party.
AliExpress.com neither warrants the accuracy of such postings nor exercises any editorial control
over such posts, nor does it assume any legal obligation for editorial control of content posted by
third parties nor liability in connection with such postings, including any responsibility or liability
for investigating or verifying the accuracy of any content or any other information contained in such
postings.
AliExpress.com is committed to protecting intellectual property rights in order to maintain a healthy
and safe e-commerce environment and preserving the trust that consumers and merchants place in
AliExpress.com. Intellectual property rights holders, including their authorized representatives, can
file complaints in the form of take-down requests on the AliExpress.com Intellectual Property
Protection platform ( https://ipp.alibabagroup.com/instruction/en.htm ) on listed products or product
descriptions that allegedly infringe their intellectual property rights.

5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or privately transmitted
through a discussion board on the Sites, are the sole responsibility of such Member from whom the
Content originated. This means that the posting Member, and not AliExpress.com, is entirely
responsible for all Content that is uploaded or posted via our discussion boards on the Sites.
AliExpress.com does not control the Content posted via discussion boards and therefore does not
guarantee the accuracy, integrity or quality of such Content.

5.3 To the extent permitted by applicable laws, AliExpress.com reserves the right to, but shall
have no obligation to, delete or edit any postings in its sole discretion without prior notice.
AliExpress.com may but shall not be obliged to monitor posting activities of any Member who is in
breach of this Agreement and may restrict their ability to post messages on the discussion boards on
the Sites. Under no circumstances will AliExpress.com be liable in any way for any Content,
including (without limitation) any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of the discussion boards by such Member. Each Member
agrees to evaluate and bear all risks associated with the use of any Content including any reliance
on its accuracy or completeness. Each Member understands that by using the AliExpress.com
discussion boards on the Sites, such Member may be exposed to Content that is offensive, indecent
or objectionable.
5.4 Without prejudice to each Member's responsibilities under clause 3 of this Agreement, each
Member agrees not to use the discussion boards on the Sites to:
a)upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b)harm minors in any way;
c)impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a
person or entity or disguise the origin of any Content;
d)"stalk" or otherwise harass another;
e)to use the personal data about other users for purposes unrelated to the discussion board or to
disclose personal data on the discussion board about third parties without their authorization
f)upload, post or e-mail any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships;
g)upload, post or e-mail any Content that infringes any intellectual property rights or other
legitimate rights of any party;
h)upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", or any other form of solicitation;
i)upload, post or e-mail any Content that contains computer viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment;
j)upload, post or e-mail any Content that contains a complaint regarding AliExpress.com's services
or refers to such a complaint on the Sites or to any other Members; any such complaint must be
directed to the customer service e-mail on the Sites; or
k)violate any applicable national or internal laws or regulations.

5.5 Each Member acknowledges that AliExpress.com does not pre-screen Content but that
AliExpress.com shall have the right (though not the obligation) in its sole discretion to move,
modify or remove any Content that is posted or uploaded on the discussion boards on the Sites.

5.6 TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, EACH MEMBER


GRANTS TO ALIEXPRESS.COM A PERPETUAL, WORLD-WIDE, ROYALTY-FREE
IRREVOCABLE, NON-EXCLUSIVE LICENSE (INCLUDING THE RIGHT TO SUB-
LICENSE THROUGH MULTIPLE TIERS) TO USE, REPRODUCE, MODIFY, ADAPT,
PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE,
PERFORM AND DISPLAY ANY CONTENT (IN WHOLE OR PART) SUCH MEMBER
UPLOADED, POSTED OR SUPPLIED TO ALIEXPRESS.COM FOR POSTING ON THE
SITES AND/OR TO INCORPORATE SUCH CONTENT IN OTHER WORKS IN ANY
FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR DEVELOPED.

5.7 EACH MEMBER SHALL INDEMNIFY AND HOLD ALIEXPRESS.COM AND ITS
SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, AGENTS OR PARTNERS
HARMLESS FROM AND AGAINST ANY DIRECT OR INDIRECT LOSS OR DAMAGE
(INCLUDING CONSEQUENTIAL LOSS AND LOSS OF PROFITS, GOODWILL OR
BUSINESS OPPORTUNITIES) ARISING FROM ANY THIRD PARTY CLAIM IN
RELATION TO ANY CONTENT SUCH MEMBER UPLOADED, POSTED OR E-MAILED
ON OR THROUGH THE DISCUSSION BOARDS ON THE SITES, SUCH MEMBER'S USE
OF THE DISCUSSION BOARDS ON THE SITES, OR SUCH MEMBER'S BREACH OF
THE PROVISIONS SET OUT IN CLAUSE 5.4.

5.8 On being made aware of any such breaches, to the extent permitted by applicable laws,
AliExpress.com may ban, delete or prohibit any Content that relates to those breaches or that
AliExpress.com in its sole discretion consider to be harmful to the public or the rights of
AliExpress.com or any of its affiliates, licensors, partners or Members.

5.9 AliExpress.com reserves the right to take whatever action it deems necessary to prevent a
Member's breach of clause 5.4 including the following:
a)issue a warning letter to the relevant Member (where the breaches are deemed by AliExpress.com
to be minor); or
b)ban the relevant Member from discussion boards on the Sites (where the breaches are deemed by
AliExpress.com to be major).
c)All incidents will be logged and AliExpress.com's decision shall be final in all such cases.
5.10 All information and/or other Content posted on the Sites by the AliExpress.com service team or
by Members or third party partners is supplied for information purposes only and shall not under
any circumstances be construed as legal and/or business advice or a legal opinion. Members are
encouraged to seek independent professional advice in such situations.

6. LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALIEXPRESS.COM
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 OR NON-
INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Some jurisdictions do not
allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions
may not apply to you.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIEXPRESS.COM MAKES


NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY
INFORMATION PROVIDED ON OR THROUGH THE SITES.

6.3 Any material downloaded or otherwise obtained through the access to or use of the Sites or
Service is done at each Member's sole discretion and risk and each Member is solely responsible for
any damage to its computer system or any loss of data that results from the download of any such
material. No advice or information, whether oral or written, obtained by any Member from
AliExpress.com or through or from the Service shall create any warranty not expressly stated in this
Agreement.
6.4 The Sites may make available to User services or products provided by independent third
parties. No warranty or representation is made with regard to such services or products. In no event
shall AliExpress.com or its affiliates be held liable for any such services or products.

6.5 Under no circumstances shall AliExpress.com be held liable for an delay or failure or
disruption of the Service accessed or delivered through the Sites or the creation or fulfilment of
contracts resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable
control, including without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third
parties or any suspension or disruption of transportation or business operation (including but not
limited to delays or disruption of the resumption of work or operation ordered by any government
agency) in the event of a national or regional spread of epidemic or pandemic.

6.6 To the extent permitted by law, AliExpress.com 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:
a)the use or the inability to use the Service;
b)any recalled products or defect in goods, samples, data, information or services purchased or
obtained from a Member or a third-party service provider through the Sites;
c)unauthorized access by third parties to data or private information of any Member;
d)statements or conduct of any user of the Sites; or
e)any other matter relating to the Sites or Service however arising, including negligence.

6.7 NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, THE


AGGREGATE LIABILITY OF ALIEXPRESS.COM, ITS EMPLOYEES, AGENTS,
AFFILIATES, REPRESENTATIVES OR ANYONE ACTING ON ITS BEHALF WITH
RESPECT TO EACH MEMBER FOR ALL CLAIMS ARISING FROM THE ACCESS TO
OR USE OF THE SERVICE OR THE SITES DURING ANY CALENDAR YEAR SHALL
BE LIMITED TO HK$100. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE
REQUIREMENT BY THE MEMBER TO PROVE ACTUAL DAMAGES. ALL CLAIMS
ARISING FROM THE USE OF THE SERVICE MUST BE FILED WITHIN EITHER ONE
(1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE OR SUCH LONGER
PERIOD AS PRESCRIBED UNDER THE APPLICABLE LAW GOVERNING THIS
AGREEMENT.

6.8 PRIVACY
Please review the following policies to know how we use and protect your personal information
when you use Services of AliExpress Sites:
a) the AliExpress.com Privacy Policy , or
b) Privacy Policy of “www.aliexpress.ru” and “www.tmall.ru” , or
c) the Chinese Seller Privacy Policy if you are a Seller in China.
(collectively, the “Privacy Policy”).
Information that is protected under data protection laws will only be used and kept in compliance
with those laws.

7. INTELLECTUAL PROPERTY RIGHTS


7.1 AliExpress.com is the sole owner or lawful licensee of all the rights to the Service. The
Service embodies trade secrets and intellectual property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual property rights in the Service shall remain with
AliExpress.com, its affiliates or licensors, as the case may be. All rights not otherwise claimed
under this Agreement or by AliExpress.com are hereby reserved.
7.2 "ALIBABA", "ALIEXPRESS" and related icons and logos are registered trademarks or
trademarks or service marks of Alibaba Group Holding Limited and its affiliates in various
jurisdictions and are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorized copying, modification, use or publication of these marks is strictly
prohibited.

8. GENERAL
8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member
and AliExpress.com with respect to and governs the use of the Service, superseding any prior
written or oral agreements in relation to the same subject matter herein.

8.2 AliExpress.com and the Member are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this
Agreement.

8.3 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be
construed as if such invalid or illegal or unenforceable provision had never been contained herein.
Upon such determination that any term or other provision is invalid, illegal or unenforceable, the
court or other tribunal making such determination is authorized and instructed to modify this
Agreement so as to effect the original intent of the parties as closely as possible so that the
transactions and agreements contemplated herein are consummated as originally contemplated to
the fullest extent possible.

8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.

8.5 AliExpress.com's failure to enforce any right or failure to act with respect to any breach by a
Member under this Agreement will not waive that right nor waive AliExpress.com's right to act with
respect with subsequent or similar breaches.

8.6 AliExpress.com shall have the right to assign this Agreement (including all of its rights, titles,
benefits, interests, and obligations and duties in this Agreement) to any person or entity (including
any affiliates of AliExpress.com). The Member may not assign, in whole or part, this Agreement to
any person or entity.
8.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S
REPUBLIC OF CHINA (“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA
ADVERTISING CO., LTD ACCORDING TO PARAGRAPH 1.1, AND THE PARTIES TO
THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE
HANGZHOU COURT OF THE INTERNET, PRC. IF YOUR CONTRACT IS WITH
ALIBABA.COM SINGAPORE E-COMMERCE PRIVATE LIMITED OR ALIEXPRESS E-
COMMERCE ONE PTE. LTD. OR ALIEXPRESS CIS HOLDING PTE. LTD., THEN THIS
AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG SPECIAL
ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS
CONFLICT OF LAW PROVISIONS; AND ANY DISPUTE, CONTROVERSY OR CLAIM
BETWEEN THE PARTIES, OR THOSE ARISING OUT OF OR RELATING TO THIS
AGREEMENT, OR THE INTERPRETATION, BREACH, TERMINATION OR VALIDITY
HEREOF, OR ANY DISPUTE REGARDING NON-CONTRACTUAL OBLIGATIONS
ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL FIRST BE SUBJECT
TO RESOLUTION THROUGH AMICABLE CONSULTATION BETWEEN THE PARTIES;
SUCH CONSULTATION SHALL BEGIN WITHIN SEVEN (7) DAYS AFTER ONE PARTY
HERETO HAS DELIVERED TO THE OTHER PARTY A WRITTEN REQUEST FOR
SUCH CONSULTATION; EXCEPT AS OTHERWISE STIPULATED UNDER
APPLICABLE LAW, IF, WITHIN THIRTY (30) DAYS FOLLOWING THE
COMMENCEMENT OF SUCH CONSULTATION, THE DISPUTE CANNOT BE
RESOLVED, AT ANY TIME FOLLOWING SUCH THIRTY (30) DAY PERIOD UPON THE
REQUEST OF ANY PARTY WITH NOTICE TO THE OTHER PARTY, THE DISPUTE
SHALL BE REFERRED TO AND FINALLY RESOLVED BY ARBITRATION
ADMINISTERED BY THE HONG KONG INTERNATIONAL ARBITRATION CENTRE
(“HKIAC”) UNDER THE HKIAC ADMINISTERED ARBITRATION RULES IN FORCE
WHEN THE NOTICE OF ARBITRATION IS SUBMITTED. IF ANY DISPUTE IS
SUBMITTED TO THE HKIAC FOR ARBITRATION, THE ARBITRATION PANEL
SHALL CONSIST OF ONE SINGLE ARBITRATOR. UNLESS THE PARTIES AGREE
OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND BE IN
HONG KONG. THE AWARD OF THE HKIAC ARBITRATION TRIBUNAL SHALL BE
FINAL AND BINDING UPON ALL RELEVANT PARTIES, AND THE ARBITRATION
EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE
DETERMINED IN THE AWARD. ANY PARTY TO THE DISPUTE MAY APPLY TO A
COURT OF COMPETENT JURISDICTION FOR ENFORCEMENT OF SUCH AWARD.
8.8 If there is any conflict between the English version and another language version of this
Agreement, the English version shall prevail.

1. Formerly known as AliExpress Russia Holding Private Limited.

Part B: Old version - updated on June13, 2022 and effective as of June 21, 2022

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY! THIS FREE


MEMBERSHIP AGREEMENT LIMITS THE RIGHTS AND REMEDIES AVAILABLE TO
MEMBERS WITH RESPECT TO THE SERVICES AND CONTAINS BINDING OBLIGATIONS
ON MEMBERS. PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT
LIABILITY, TERMS LIMITING MEMBERS’ ABILITY TO SUE, AND TERMS OF
GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL
LETTERS. THIS AGREEMENT RELATES TO WWW.ALIEXPRESS.COM,
WWW.ALIEXPRESS.RU, AND WWW.TMALL.RU.

1. ACCEPTANCE OF TERMS
1.1 WELCOME TO ALIEXPRESS.COM'S FREE SERVICE (the "SERVICE"). The following
sets forth the terms and conditions of the AliExpress.com Free Membership Agreement (this
"Agreement") between you (“Member”) and the AliExpress.com contracting company determined
in accordance with this clause 1.1 ("AliExpress.com") under which AliExpress.com offers you
access to and use of the Service through the websites, mobile sites, mobile applications and other
portals owned, operated, branded or made available by AliExpress.com to you from time to time
relating to the AliExpress e-commerce platform including but not limited to the web and mobile-
optimized versions of the websites identified by the uniform resource locator
“www.aliexpress.com”, “www.aliexpress.ru” and “www.tmall.ru” and their sub-domains, and the
mobile applications of the AliExpress e-commerce platforms (collectively the “AliExpress Sites” or
the “Sites”).

Contracting AliExpress.com party:


a)If you are from mainland China, your contract is with Hangzhou Alibaba Advertising Co., Ltd,
other than in relation to Promotion Services (as defined in the AliExpress.com Terms of Use ), in
which case your contract for such services is with Alibaba.com Hong Kong Limited.
b)If you are from the United States of America, your contract is with AliExpress E-Commerce One
Pte. Ltd.
c)If you are from a place outside mainland China, the United States of America or the Relevant
Jurisdictions (as defined in (d) below), your contract is with Alibaba.com Singapore E-Commerce
Private Limited (incorporated in Singapore with Company Reg. No. 200720572D).
d)Notwithstanding anything to the contrary in the forgoing paragraphs (a), (b)and (c), if you are
resident in or access and use AliExpress Sites from any of the Relevant Jurisdictions (the
“AliExpress Relevant Jurisdiction User”), your contract is with AliExpress Russia Holding
Private Limited (incorporated in Singapore with Company Reg. No.201917627W). “Relevant
Jurisdictions” shall mean the Russian Federation, Azerbaijan, Armenia, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Tajikistan and Uzbekistan.

As some or part of the Service may be supported and provided by affiliates of AliExpress.com,
AliExpress.com may delegate some aspects of the Service to its affiliates. Use of the Service
indicates that you accept the terms and conditions set forth below. If you do not accept all of the
terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION
PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR
CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S ALIEXPRESS.COM TERMS
OF USE , ALIEXPRESS PRODUCT LISTING POLICY AND PRIVACY POLICY (DEFINED
BELOW) WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY
REFERRED TO AS THE "TERMS OF USE"). The AliExpress.com Free Membership Agreement
will not take effect unless and until you have activated your Account. Terms not defined in this
Agreement shall bear the same meaning as that contained in the Terms of Use.

1.2 ALIEXPRESS.COM MAY AMEND THIS AGREEMENT AT ANY TIME BY


POSTING THE AMENDED AND RESTATED AGREEMENT ON THE SITES. THE
AMENDED AND RESTATED AGREEMENT SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING. POSTING BY ALIEXPRESS.COM OF THE AMENDED AND
RESTATED AGREEMENT AND YOUR CONTINUED USE OF THE SERVICE SHALL BE
DEEMED TO BE ACCEPTANCE OF THE AMENDED TERMS. IT IS THE MEMBER’S
RESPONSIBILITY TO REVIEW THE TERMS OF USE REGULARLY FOR UPDATES,
AND THAT ALIEXPRESS.COM IS NOT REQUIRED TO PROVIDE AFFIRMATIVE
NOTICE OF CHANGES TO THIS AGREEMENT BY ANY MEANS OTHER THAN
POSTING THE UPDATES TO THE SITES.

2. THE SERVICE
2.1 The Service will be offered free-of-charge for an unspecified time period unless terminated in
accordance with the terms of this Agreement.

2.2 The Service will have the following core features (which may be added to or modified, or
suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole
discretion ofAliExpress.com and notified to you) ("Free Member Benefits"):
a)Company Profile - allows each Member to display and edit basic information about its business,
such as year and place of establishment, estimated annual sales, number of employees, and products
and services offered, etc.
b)Products - allows each Member to display and edit descriptions, specifications and images of at
least 5 products.
c)Unlimited Buyer Trade Lead Posting - allows each Member to post on the Sites for public display
offers to buy products and services from other users of the Sites.

2.3 ALIEXPRESS.COM MAY SUSPEND OR TERMINATE ALL OR PART OF THE


ABOVE FREE MEMBER BENEFITS AT ANY TIME IN ITS SOLE DISCRETION
WITHOUT LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH SUCH SUSPENSION OR TERMINATION.ALIEXPRESS.COM
RESERVES THE RIGHT TO CHARGE FOR THE SERVICE OR ANY FEATURE OR
FUNCTIONALITY OF THE SERVICE AT ANY TIME IN ITS SOLE DISCRETION.

2.4 Benefits, features and functions available to a Member may vary for different countries and
regions. No warranty or representation is given that a particular feature or function or the same type
and extent of features and functions will be available.
2.5 The availability of any transactional features and functions on the Sites to any Member may be
conditional on verification of Member’s identity and/or its designated bank account by
AliExpress.com and/or its approved independent third parties.

2.6 AliExpress.com shall issue a Member ID and Password (the latter shall be chosen by the
Member during registration) to each Member to access the Service through such Member's Account.
Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and
Password and for all use of and activities that occur under the Member ID and Password (whether
such use or activities are authorized or not). A set of Member ID and Password is unique to a single
Account and no Member shall share, assign or permit the use of its Account, Member ID or
Password to another person, even to other individuals within the Member's own business entity
(where applicable). Each Member acknowledges that sharing of its Account with other persons, or
allowing multiple users outside of its business entity to use its Account (collectively, "multiple
use"), may cause irreparable harm to AliExpress.com. EACH MEMBER SHALL INDEMNIFY
ALIEXRESS.COM AGAINST ANY LOSS OR DAMAGES (INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS) SUFFERED BY ALIEXPRESS.COM AS A RESULT OF
SUCH MULTIPLE USE OF AN ACCOUNT. Each Member hereby undertakes to notify
AliExpress.com immediately of any unauthorized use of its Account, Member ID or Password or
any other breach of security. EACH MEMBER HEREBY AGREES THAT
ALIEXPRESS.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING
FROM THE MEMBER'S FAILURE TO COMPLY WITH THIS PARAGRAPH.

2.7 ALIEXPRESS.COM RESERVES THE RIGHT TO CHANGE, UPGRADE, MODIFY,


LIMIT OR SUSPEND THE SERVICE OR ANY OF ITS RELATED FUNCTIONALITIES
OR APPLICATIONS AT ANY TIME TEMPORARILY OR PERMANENTLY WITHOUT
PRIOR NOTICE, EXCEPT IN RESPECT OF ANY ALIEXPRESS RELEVANT
JURISDICTION USERS. AliExpress.com further reserves the right but shall not be obliged to
introduce new features, functionalities, applications or conditions to the Service or to future
versions of the Service, except in respect of any AliExpress Relevant Jurisdiction Users. All new
features, functionalities, applications, conditions, modifications, upgrades and alterations shall be
governed by this Agreement, unless otherwise stated by AliExpress.com. In respect of any
AliExpress Relevant Jurisdiction Users, AliExpress Russia Holding Private Limited is the relevant
party.

2.8 Each Member acknowledges that inability to use the Service wholly or partially for whatever
reason may have adverse effects on its business. EACH MEMBER HEREBY AGREES THAT
IN NO EVENT SHALL ALIEXPRESS.COM BE LIABLE TO THE MEMBER OR ANY
THIRD PARTIES FOR ANY INABILITY TO USE THE SERVICE (WHETHER DUE TO
DISRUPTION, CHANGES TO OR TERMINATION OF THE SERVICE OR OTHERWISE),
ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO ANY
COMMUNICATIONS OR TRANSMISSION OR DELIVERY OF ALL OR ANY PART
THEREOF, OR ANY LOSSES OR DAMAGES (DIRECT, INDIRECT, CONSEQUENTIAL
OR OTHERWISE) ARISING FROM THE USE OF OR INABILITY TO USE THE
SERVICE.

2.9 If your IP address comes from the mainland China when you successfully complete the
registration with AliExpress.com, you will be granted an Alipay Username in addition to your
Member ID. If your registration was completed before March 18, 2013 or the email address you
used for your registration has already been registered with other Alibaba Sites (as defined below),
you will not be granted the Alipay Username. You are allowed to use the Alipay Username to login
to the websites including www.alipay.com, www.taobao.com, www.tmall.com, www.etao.com,
www.ju.taobao.com, www.aliyun.com, www.alibaba.com , www.china.alibaba.com and other
websites (collectively, the “Alibaba Sites”). You hereby represent and agree to authorize
AliExpress.com to provide all the information associated with your Member ID to the Alibaba Sites
for the purpose of facilitating your easy and fast access to the Alibaba Sites. Your responsibilities
with regard to the Alipay Username shall apply to the same terms and conditions in connection with
the Member ID as prescribed under this Agreement. ALIEXPRESS.COM RESERVES THE
RIGHT, WITHOUT PRIOR NOTICE AND AT ITS SOLE DISCRETION, TO SUSPEND,
RESTRICT OR DENY ACCESS TO OR USE OF YOUR ALIPAY USERNAME AND
SERVICES PROVIDED BY ALIEXPRESS.COM AND ALIBABA SITES WITHOUT
LIABILITY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH SUCH SUSPENSION OR TERMINATION, IF YOU: (A) USE THE SERVICES
PROVIDED BY ALIEXPRESS.COM, OR THROUGH THE SITES AND THE ALIBABA
SITES TO DEFRAUD ANY PERSON OR ENTITY; (B) ENGAGE IN ANY UNLAWFUL
ACTIVITIES INCLUDING WITHOUT LIMITATION THOSE WHICH WOULD
CONSTITUTE THE INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, A
CIVIL LIABILITY OR A CRIMINAL OFFENCE; (C) ENGAGE IN ANY ACTIVITIES
THAT WOULD OTHERWISE CREATE ANY LIABILITY FOR ALIEXPRESS.COM, THE
SITES OR THE ALIBABA SITES.

2.10 If you voluntarily submit any information to the Sites for publication on the Sites through the
publishing tools, including but not limited to, company or business profile, product catalog, trade
leads, business trust system and any discussion forum, you are deemed to have given consent to the
publication of such information on the Sites.

3. MEMBER RESPONSIBILITIES
3.1 Each Member hereby represents, warrants and agrees to (a) provide true, accurate, current,
complete and timely information about itself and its business references as may be required by
AliExpress.com and (b) maintain and promptly amend all information to keep it true, accurate,
current, complete and timely. Business Member must provide its accurate registration information
and other information required by AliExpress.com and update that if there is any change. To the
extent permitted under applicable laws, each Member hereby grants an irrevocable, perpetual,
worldwide and royalty-free, sub-licensable (through multiple tiers) license to AliExpress.com to
display and use all information provided by such Member in accordance with the purposes set forth
in this Agreement and to exercise the copyright, publicity, and database rights such Member has in
such material or information, in any media now known or not currently known. Information that is
protected under privacy and data protection laws will only be used and kept in compliance with
those laws.

3.2 Each Member hereby represents, warrants and agrees that the use by such Member of the
Service and the Sites shall not:
a)contain fraudulent or misleading information or make fraudulent offers of items or involve the
sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is
prohibited by applicable law, or otherwise promote other illegal activities;
b)be part of a scheme to defraud other Members or other users of the Sites or for any other unlawful
purpose;
c)infringe or otherwise abet or encourage the infringement or violation of any third party's
copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and
privacy or other legitimate rights;
d)impersonate any person or entity, misrepresent yourself or your affiliation with any person or
entity;
e)violate any applicable law, statute, ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition, anti-discrimination or false
advertising);
f)contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;
g)contain information that is obscene or contain or infer any pornography or sex-related
merchandising or any other content or otherwise promotes sexually explicit materials or is
otherwise harmful to minors;
h)promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or
age;
i)contain any material that constitutes unauthorized advertising or harassment (including but not
limited to spamming), invades anyone's privacy or encourages conduct that would constitute a
criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
j)involve attempts to copy, reproduce, exploit or expropriate AliExpress.com's various proprietary
directories, databases and listings;
k)involve any computer viruses or other destructive devices and codes that have the effect of
damaging, interfering with, intercepting or expropriating any software or hardware system, data or
personal information;
l)involve any scheme to undermine the integrity of the computer systems or networks used by
AliExpress.com and/or any user of the Service and no Member shall attempt to gain unauthorized
access to such computer systems or networks;
m)link directly or indirectly to or include descriptions of goods or services or other materials that
violate any law or regulation or are prohibited under this Agreement or the Terms of Use;
n)list or sell any product recalled by a manufacturer or governmental agency if the sale of the
product is prohibited by law or regulation or the product poses a health or safety hazard as specified
by any applicable governmental agency; or such product is subject to an interim and permanent ban
imposed by any applicable governmental agency; or where such product is subject to a public notice
of defect or failure to comply has been issued by an applicable governmental agency; or
otherwise create any liability for AliExpress.com or its affiliates.
3.3 Each Member represents, warrants and agrees that with regards to information about or posted
on behalf of any business referee, it has obtained all necessary consents, approvals and waivers
from such referee to (a) act as such Member's business referee; (b) to post and publish their contact
details and information, reference letters and comments on their behalf; and (c) that third parties
may contact such business referees to support claims or statements made about the Member. Each
Member further warrants that all reference letters and comments are true and accurate and hereby
waives all requirements for such Member's consent to be obtained before third parties may contact
the business referees. Each Member must keep the personal information collected as strictly
confidential and may not disclose it to any third-party including affiliates without the authorization
or consent of those subjected to collection, except when doing so is required for cooperation in
regulatory or law enforcement activities in accordance with the law.

3.4 Member shall not take any action which may undermine the integrity of AliExpress.com's
feedback system, such as including content prohibited by applicable laws and regulations, leaving
positive feedback for itself using secondary Member IDs or through third parties or by leaving false,
fabricated or unsubstantiated negative feedback for another Member. Member shall also disclose its
relationship with the user for which such Member is posting a review. Member acknowledges that
AliExpress.com has the right to take measures regarding such feedback in accordance with
applicable laws.

3.5 Each Member acknowledges and agrees that AliExpress.com reserves the right to, but shall
not be required to actively monitor nor exercise any editorial control whatsoever over the content of
any message or other material or information created, obtained or accessible through the Service.
AliExpress.com does not endorse, verify or otherwise certify the contents of any comments or other
material or information made by any Member. Each Member is solely responsible for the contents
of their communications and may be held legally liable or accountable for the content of their
comments or other material or information.

3.6 Each Member represents, warrants and agrees that it has obtained all necessary third party
licenses and permissions and shall be solely responsible for ensuring that any material or
information it posts on the Sites or provides to AliExpress.com or authorizes AliExpress.com to
display does not violate the copyright, patent, trademark, trade secrets or any other personal or
proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
Each Member further represents, warrants and agrees that it has the right and authority to sell,
distribute or offer to sell or distribute the products described in the material or information it posts
on the Sites or provides to AliExpress.com or authorizes AliExpress.com to display.

3.7 To the extent applicable, each Member represents, warrants and agrees that certain products
sold to California require a warning under California Health & Safety Code Section 25249.6 (a
"Proposition 65 Warning”) and each Member shall (a) promptly display a Proposition 65 Warning
on the product detail page as required under the relevant law; (b) authorize AliExpress.com to
display a Proposition 65 Warning on your behalf; and (c) only revise or remove a Proposition 65
Warning for a product when the prior warning needs to be modified or is no longer legally required,
as the case may be.

3.8 If any Member breaches the representations, warranties and covenants of paragraphs 3.1, 3.2,
3.3, 3.4, 3.5 , 3.6 or 3.7 above, or if AliExpress.com has reasonable grounds to believe that such
Member is in breach of such representations, warranties and covenants, or if upon complaint or
claim from any other Member or third party, AliExpress.com has reasonable grounds to believe that
such Member has willfully or materially failed to perform its contract with such third party
including without limitation where a Member who supplies products or services using the Sites and
Services has failed to deliver any items ordered by such third party after receipt of the purchase
price, or where such Member has delivered the items that materially fail to meet the terms and
descriptions outlined in its contract with such third party, or if AliExpress.com has reasonable
grounds to believe that such Member has used a stolen credit card or other false or misleading
information in any online transaction, AliExpress.com has the right to suspend or terminate the
Service and all Free Member Benefits with respect to such Member without compensation and
without liability for any losses or damages arising out of or in connection with such suspension or
termination, and restrict or refuse any and all current or future use of the Service or any other
services that may be provided by AliExpress.com. Further, AliExpress.com reserves the right in its
sole discretion to place restrictions on the number of product listings that a Member can post on the
Sites for such duration as AliExpress.com may consider appropriate, and to remove any material it
reasonably believes that is unlawful, could subject AliExpress.com to liability, violates this
Agreement or the Terms of Use or is otherwise found inappropriate in AliExpress.com's opinion.
AliExpress.com reserves the right to cooperate fully with governmental and regulatory authorities,
law enforcement bodies, private investigators and/or injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further, MEMBER ACKNOWLEDGES AND
AGREES THAT TO THE EXTENT AS REQUIRED BY APPLICABLE LAWS AND
COMPETENT AUTHORITIES, INCLUDING WITHOUT LIMITATION A
GOVERNMENT, REGULATORY OR LAW ENFORCEMENT BODY OR AN INJURED
THIRD PARTY, OR AS A RESULT OF A SUBPOENA OR OTHER LEGAL ACTION,
ALIEXPRESS.COM MAY PROVIDE CERTAIN INFORMATION TO COMPETENT
AUTHORITIES. Moreover, AliExpress.com shall not be liable for damages or results thereof
and MEMBER AGREES NOT TO BRING ANY ACTION OR CLAIM AGAINST
ALIEXPRESS.COM FOR SUCH DISCLOSURE. In connection with any of the foregoing,
AliExpress.com may (i) suspend or terminate the Account of any Member as AliExpress.com deems
appropriate in its sole discretion; and (ii) announce decisions to take actions against Member on the
Sites, together with relevant information including without limitation the Member’s name, the
illegal action or the breach of the relevant rules on the Sites or other public platforms.

3.9 EACH MEMBER AGREES TO INDEMNIFY ALIEXPRESS.COM, ITS EMPLOYEES,


AGENTS AND REPRESENTATIVES AND TO HOLD THEM HARMLESS, FROM ANY
AND ALL LOSSES, CLAIMS AND LIABILITIES (INCLUDING LEGAL COSTS ON A
FULL INDEMNITY BASIS) WHICH MAY ARISE FROM ITS SUBMISSIONS, POSTING
OF MATERIALS OR DELETION THEREOF, FROM SUCH MEMBER'S USE OF THE
SERVICE OR FROM SUCH MEMBER'S BREACH OF THIS AGREEMENT OR THE
TERMS OF USE. Each Member further agrees that AliExpress.com is not responsible, and shall
have no liability to it or anyone else for any material posted by such Member or third parties,
including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such material rests entirely with each Member. AliExpress.com
reserves the right; at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by the Member, in which event the Member shall cooperate
with AliExpress.com in asserting any available defenses.
4. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
4.1 Through the Sites, AliExpress.com provides an electronic web-based platform for exchanging
information and concluding sale and purchase transactions of products and services online between
buyers and sellers. AliExpress.com reserves the right to limit certain features and functions of the
platform to prescribed Members. Despite the provision of the platform through the Sites,
AliExpress.com does not represent the seller or the buyer in specific transactions whether or not
such transactions are made on or via the Sites. AliExpress.com does not control and is not liable to
or responsible for the quality, safety, lawfulness or availability of the products or services offered
for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to
complete a purchase.

4.2 Members are hereby made aware that there may be risks of dealing with people acting under
false pretences. AliExpress.com uses several techniques to verify the accuracy of the information
our users provide us when they register on the Sites. However, because user verification on the
Internet is difficult, AliExpress.com cannot and does not confirm each free member's purported
identity shown on the Sites and can only use reasonable efforts to verify the personal identity of the
representative of a seller in mainland China opening a storefront on www.aliexpress.com according
to the applicable laws in mainland China. We encourage you to use the various tools available on
the Sites, as well as common sense, to evaluate with whom you are dealing.

4.3 EACH MEMBER ACCESSING OR USING THE SITES OR SERVICE SHALL FULLY
ASSUME THE RISKS OF CONDUCTING ANY PURCHASE AND SALE TRANSACTIONS
IN CONNECTION WITH OR THROUGH THE SITES OR SERVICE. SUCH RISKS
SHALL INCLUDE, BUT NOT LIMITED TO, MIS-REPRESENTATION OF PRODUCTS
AND SERVICES, FRAUDULENT SCHEMES, UNSATISFACTORY QUALITY, FAILURE
TO MEET SPECIFICATIONS, DEFECTIVE PRODUCTS, PRODUCT RECALLS, DELAY
OR DEFAULT IN DELIVERY OR PAYMENT, COST MIS-CALCULATIONS, BREACH OF
WARRANTY, BREACH OF CONTRACT AND TRANSPORTATION ACCIDENTS
("TRANSACTION RISKS"). EACH MEMBER AGREES THAT ALIEXPRESS.COM
SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, LIABILITIES,
COSTS, HARMS, INCONVENIENCES, BUSINESS DISRUPTIONS OR EXPENDITURES
OF ANY KIND THAT MAY ARISE A RESULT OF OR IN CONNECTION WITH ANY
TRANSACTION RISKS. AliExpress.com has the right to suspend or terminate any Member’s
Account or deduct from a Member’s account for the related costs or expenses incurred by
AliExpress.com related to such Transaction Risks caused by such Member. MEMBER
AGREES TO RELEASE AND INDEMNIFY ALIEXPRESS.COM (AND
ALIEXPRESS.COM’S AGENTS, AFFILIATES, DIRECTORS, OFFICERS AND
EMPLOYEES) FROM ALL CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS,
EXPENSES AND DAMAGES (INCLUDING WITHOUT LIMITATION ANY ACTUAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN
CONNECTION WITH ANY TRANSACTION RISK.

4.4 Members are solely responsible for setting out, agreeing on, entering into and performing all
of the terms and conditions of the transactions conducted on, through or as a result of use of the
Sites, including, without limitation, any non-performance, non-delivery, mis-delivery, theft, or other
mistake or act in connection with the fulfillment of the orders, any non-conformity or defect in, any
public or private recall of, or safety alert of any of the products or services such Member lists or
sells through the Services, any terms regarding payment, refunds, returns, warranties, shipping,
insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to
any additional obligations imposed under the Transactional Services Agreement (and in particular,
clause 3.2). Any purchases made via the Services may be subject to the respective seller’s
additional terms and conditions of purchase. Each Member will promptly notify AliExpress.com as
soon as such Member has knowledge of any public or private recalls, potential recalls, public notice
of defect or failure to comply issued by any applicable government agency, an interim or permanent
ban imposed by any applicable government agency, or safety alerts of the products and services
such Member lists or sells through the Services. Each Member will promptly remove all listings for
any product recalled by a manufacturer or governmental agency if the sale of the product is
prohibited by law or regulation or the product poses a health or safety hazard as specified by any
governmental agency, or if such product is subject to a public notice of defect or failure to comply
issued by any applicable government agency, or if such product is subject to an interim or
permanent ban imposed by any applicable government agency. Each Member will cooperate and
assist AliExpress.com in connection with any recalls or safety alerts, including by initiating the
procedures for returning items to such Member and destroying such recalled products thereafter.
Each Member will be solely responsible for all costs and expenses the Member, AliExpress.com or
any of AliExpress.com’s affiliates incur in connection with any such recall or potential recall or
safety alerts (including the costs to return, destroy, refund, store, repair, liquidate, or deliver to the
Member or any vendor any of these recalled products). Neither AliExpress.com nor any of its
affiliates has any responsibility or liability for the safety or performance of any product that each
Member list or sell through the Services, including any product that is subject to a recall.

4.5 EACH MEMBER AGREES TO PROVIDE ALL INFORMATION AND MATERIALS


AS MAY BE REASONABLY REQUIRED BY ALIEXPRESS.COM IN CONNECTION
WITH ITS TRANSACTIONS MADE VIA THE TRANSACTIONAL PLATFORM ON THE
SITES. ALIEXPRESS.COM HAS THE RIGHT TO SUSPEND OR TERMINATE ANY
MEMBER’S ACCOUNT IF THE MEMBER FAILS TO PROVIDE THE REQUIRED
INFORMATION AND MATERIALS WITHOUT LIABILITY FOR ANY LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH SUCH SUSPENSION OR
TERMINATION.

4.6 IN THE EVENT THAT ANY MEMBER HAS A DISPUTE WITH ANY PARTY TO A
TRANSACTION, SUCH MEMBER AGREES TO RELEASE AND INDEMNIFY
ALIEXPRESS.COM (AND ALIEXPRESS.COM’S AGENTS, AFFILIATES, DIRECTORS,
OFFICERS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS, ACTIONS,
PROCEEDINGS, COSTS, EXPENSES AND DAMAGES (INCLUDING WITHOUT
LIMITATION ANY ACTUAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH SUCH DISPUTE OR THE
TRANSACTION.

4.7 Each Member acknowledges that AliExpress.com has the right to keep the identity
information of it after its exit from the platform and to keep the product or service information,
payment records, logistics and express delivery, return and replacement of goods and after-sales
services.

5. USE OF DISCUSSION BOARDS ON THE SITE


5.1 AliExpress.com provides its Members use of discussion boards on the Sites free of charge to
promote and encourage open, honest and respectful communication between all of
AliExpress.com’s Members. The discussion boards on the Sites shall not be used as a marketing
platform by Members and Members shall not post any information relating to trade leads,
promotion of their products or their company profile.
AliExpress.com is a provider of “interactive computer services” and, as such, our liability for
defamation and other claims arising out of any postings to this site by third parties is limited as
described in the Communications Decency Act, 47 U.S.C. Section 230. AliExpress.com is not
responsible for content or any other information posted to this Sites by Members or any third party.
AliExpress.com neither warrants the accuracy of such postings nor exercises any editorial control
over such posts, nor does it assume any legal obligation for editorial control of content posted by
third parties nor liability in connection with such postings, including any responsibility or liability
for investigating or verifying the accuracy of any content or any other information contained in such
postings.
AliExpress.com is committed to protecting intellectual property rights in order to maintain a healthy
and safe e-commerce environment and preserving the trust that consumers and merchants place in
AliExpress.com. Intellectual property rights holders, including their authorized representatives, can
file complaints in the form of take-down requests on the AliExpress.com Intellectual Property
Protection platform ( https://ipp.alibabagroup.com/instruction/en.htm ) on listed products or product
descriptions that allegedly infringe their intellectual property rights.

5.2 Each Member acknowledges that all data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly posted or privately transmitted
through a discussion board on the Sites, are the sole responsibility of such Member from whom the
Content originated. This means that the posting Member, and not AliExpress.com, is entirely
responsible for all Content that is uploaded or posted via our discussion boards on the Sites.
AliExpress.com does not control the Content posted via discussion boards and therefore does not
guarantee the accuracy, integrity or quality of such Content.

5.3 To the extent permitted by applicable laws, AliExpress.com reserves the right to, but shall
have no obligation to, delete or edit any postings in its sole discretion without prior notice.
AliExpress.com may but shall not be obliged to monitor posting activities of any Member who is in
breach of this Agreement and may restrict their ability to post messages on the discussion boards on
the Sites. Under no circumstances will AliExpress.com be liable in any way for any Content,
including (without limitation) any errors or omissions in any Content, or for any loss or damage of
any kind incurred as a result of the use of the discussion boards by such Member. Each Member
agrees to evaluate and bear all risks associated with the use of any Content including any reliance
on its accuracy or completeness. Each Member understands that by using the AliExpress.com
discussion boards on the Sites, such Member may be exposed to Content that is offensive, indecent
or objectionable.

5.4 Without prejudice to each Member's responsibilities under clause 3 of this Agreement, each
Member agrees not to use the discussion boards on the Sites to:
a)upload, post or e-mail any Content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b)harm minors in any way;
c)impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a
person or entity or disguise the origin of any Content;
d)"stalk" or otherwise harass another;
e)to use the personal data about other users for purposes unrelated to the discussion board or to
disclose personal data on the discussion board about third parties without their authorization
f)upload, post or e-mail any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships;
g)upload, post or e-mail any Content that infringes any intellectual property rights or other
legitimate rights of any party;
h)upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, "junk
mail", "spam", "chain letters", or any other form of solicitation;
i)upload, post or e-mail any Content that contains computer viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment;
j)upload, post or e-mail any Content that contains a complaint regarding AliExpress.com's services
or refers to such a complaint on the Sites or to any other Members; any such complaint must be
directed to the customer service e-mail on the Sites; or
k)violate any applicable national or internal laws or regulations.

5.5 Each Member acknowledges that AliExpress.com does not pre-screen Content but that
AliExpress.com shall have the right (though not the obligation) in its sole discretion to move,
modify or remove any Content that is posted or uploaded on the discussion boards on the Sites.
5.6 TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, EACH MEMBER
GRANTS TO ALIEXPRESS.COM A PERPETUAL, WORLD-WIDE, ROYALTY-FREE
IRREVOCABLE, NON-EXCLUSIVE LICENSE (INCLUDING THE RIGHT TO SUB-
LICENSE THROUGH MULTIPLE TIERS) TO USE, REPRODUCE, MODIFY, ADAPT,
PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE,
PERFORM AND DISPLAY ANY CONTENT (IN WHOLE OR PART) SUCH MEMBER
UPLOADED, POSTED OR SUPPLIED TO ALIEXPRESS.COM FOR POSTING ON THE
SITES AND/OR TO INCORPORATE SUCH CONTENT IN OTHER WORKS IN ANY
FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR DEVELOPED.

5.7 EACH MEMBER SHALL INDEMNIFY AND HOLD ALIEXPRESS.COM AND ITS
SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, AGENTS OR PARTNERS
HARMLESS FROM AND AGAINST ANY DIRECT OR INDIRECT LOSS OR DAMAGE
(INCLUDING CONSEQUENTIAL LOSS AND LOSS OF PROFITS, GOODWILL OR
BUSINESS OPPORTUNITIES) ARISING FROM ANY THIRD PARTY CLAIM IN
RELATION TO ANY CONTENT SUCH MEMBER UPLOADED, POSTED OR E-MAILED
ON OR THROUGH THE DISCUSSION BOARDS ON THE SITES, SUCH MEMBER'S USE
OF THE DISCUSSION BOARDS ON THE SITES, OR SUCH MEMBER'S BREACH OF
THE PROVISIONS SET OUT IN CLAUSE 5.4.

5.8 On being made aware of any such breaches, to the extent permitted by applicable laws,
AliExpress.com may ban, delete or prohibit any Content that relates to those breaches or that
AliExpress.com in its sole discretion consider to be harmful to the public or the rights of
AliExpress.com or any of its affiliates, licensors, partners or Members.

5.9 AliExpress.com reserves the right to take whatever action it deems necessary to prevent a
Member's breach of clause 5.4 including the following:
a)issue a warning letter to the relevant Member (where the breaches are deemed by AliExpress.com
to be minor); or
b)ban the relevant Member from discussion boards on the Sites (where the breaches are deemed by
AliExpress.com to be major).
c)All incidents will be logged and AliExpress.com's decision shall be final in all such cases.

5.10 All information and/or other Content posted on the Sites by the AliExpress.com service team or
by Members or third party partners is supplied for information purposes only and shall not under
any circumstances be construed as legal and/or business advice or a legal opinion. Members are
encouraged to seek independent professional advice in such situations.

6. LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALIEXPRESS.COM
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 OR NON-
INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. Some jurisdictions do not
allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions
may not apply to you.

6.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIEXPRESS.COM MAKES


NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY,
RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY
INFORMATION PROVIDED ON OR THROUGH THE SITES.

6.3 Any material downloaded or otherwise obtained through the access to or use of the Sites or
Service is done at each Member's sole discretion and risk and each Member is solely responsible for
any damage to its computer system or any loss of data that results from the download of any such
material. No advice or information, whether oral or written, obtained by any Member from
AliExpress.com or through or from the Service shall create any warranty not expressly stated in this
Agreement.

6.4 The Sites may make available to User services or products provided by independent third
parties. No warranty or representation is made with regard to such services or products. In no event
shall AliExpress.com or its affiliates be held liable for any such services or products.

6.5 Under no circumstances shall AliExpress.com be held liable for an delay or failure or
disruption of the Service accessed or delivered through the Sites or the creation or fulfilment of
contracts resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable
control, including without limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil
disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third
parties or any suspension or disruption of transportation or business operation (including but not
limited to delays or disruption of the resumption of work or operation ordered by any government
agency) in the event of a national or regional spread of epidemic or pandemic.

6.6 To the extent permitted by law, AliExpress.com 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:
a)the use or the inability to use the Service;
b)any recalled products or defect in goods, samples, data, information or services purchased or
obtained from a Member or a third-party service provider through the Sites;
c)unauthorized access by third parties to data or private information of any Member;
d)statements or conduct of any user of the Sites; or
e)any other matter relating to the Sites or Service however arising, including negligence.
6.7 NOTWITHSTANDING ANY OF THE FOREGOING PROVISIONS, THE
AGGREGATE LIABILITY OF ALIEXPRESS.COM, ITS EMPLOYEES, AGENTS,
AFFILIATES, REPRESENTATIVES OR ANYONE ACTING ON ITS BEHALF WITH
RESPECT TO EACH MEMBER FOR ALL CLAIMS ARISING FROM THE ACCESS TO
OR USE OF THE SERVICE OR THE SITES DURING ANY CALENDAR YEAR SHALL
BE LIMITED TO HK$100. THE PRECEDING SENTENCE SHALL NOT PRECLUDE THE
REQUIREMENT BY THE MEMBER TO PROVE ACTUAL DAMAGES. ALL CLAIMS
ARISING FROM THE USE OF THE SERVICE MUST BE FILED WITHIN EITHER ONE
(1) YEAR FROM THE DATE THE CAUSE OF ACTION AROSE OR SUCH LONGER
PERIOD AS PRESCRIBED UNDER THE APPLICABLE LAW GOVERNING THIS
AGREEMENT.

6.8 PRIVACY
Please review the following policies to know how we use and protect your personal information
when you use Services of AliExpress Sites:
a) the AliExpress.com Privacy Policy , or
b) Privacy Policy of “www.aliexpress.ru” and “www.tmall.ru” , or
c) the Chinese Seller Privacy Policy if you are a Seller in China.
(collectively, the “Privacy Policy”).
Information that is protected under data protection laws will only be used and kept in compliance
with those laws.

7. INTELLECTUAL PROPERTY RIGHTS


7.1 AliExpress.com is the sole owner or lawful licensee of all the rights to the Service. The
Service embodies trade secrets and intellectual property rights protected under worldwide copyright
and other laws. All title, ownership and intellectual property rights in the Service shall remain with
AliExpress.com, its affiliates or licensors, as the case may be. All rights not otherwise claimed
under this Agreement or by AliExpress.com are hereby reserved.
7.2 "ALIBABA", "ALIEXPRESS" and related icons and logos are registered trademarks or
trademarks or service marks of Alibaba Group Holding Limited and its affiliates in various
jurisdictions and are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorized copying, modification, use or publication of these marks is strictly
prohibited.

8. GENERAL
8.1 This Agreement and the Terms of Use constitute the entire agreement between the Member
and AliExpress.com with respect to and governs the use of the Service, superseding any prior
written or oral agreements in relation to the same subject matter herein.

8.2 AliExpress.com and the Member are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this
Agreement.

8.3 In case any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be
construed as if such invalid or illegal or unenforceable provision had never been contained herein.
Upon such determination that any term or other provision is invalid, illegal or unenforceable, the
court or other tribunal making such determination is authorized and instructed to modify this
Agreement so as to effect the original intent of the parties as closely as possible so that the
transactions and agreements contemplated herein are consummated as originally contemplated to
the fullest extent possible.

8.4 Headings are for reference purposes only and in no way define, limit, construe or describe the
scope or extent of such section.

8.5 AliExpress.com's failure to enforce any right or failure to act with respect to any breach by a
Member under this Agreement will not waive that right nor waive AliExpress.com's right to act with
respect with subsequent or similar breaches.
8.6 AliExpress.com shall have the right to assign this Agreement (including all of its rights, titles,
benefits, interests, and obligations and duties in this Agreement) to any person or entity (including
any affiliates of AliExpress.com). The Member may not assign, in whole or part, this Agreement to
any person or entity.

8.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE PEOPLE’S


REPUBLIC OF CHINA (“PRC”) IF YOU CONTRACT WITH HANGZHOU ALIBABA
ADVERTISING CO., LTD ACCORDING TO PARAGRAPH 1.1, AND THE PARTIES TO
THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE
PRC COURTS. IF YOUR CONTRACT IS WITH ALIBABA.COM SINGAPORE E-
COMMERCE PRIVATE LIMITED OR ALIEXPRESS E-COMMERCE ONE PTE. LTD.,
THEN THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF THE HONG KONG
SPECIAL ADMINISTRATIVE REGION ("HONG KONG") WITHOUT REGARD TO ITS
CONFLICT OF LAW PROVISIONS; AND THE PARTIES TO THIS AGREEMENT
HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE HONG KONG
COURTS, EXCEPT AS OTHERWISE STIPULATED UNDER APPLICABLE LAW. IF
YOUR CONTRACT IS WITH ALIEXPRESS RUSSIA HOLDING PTE LTD., THIS
AGREEMENT SHALL BE GOVERNED BY LAWS OF THE RUSSIAN FEDERATION
("RUSSIA") WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS; AND THE
PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE
JURISDICTION OF THE COURTS OF RUSSIA, EXCEPT AS OTHERWISE STIPULATED
UNDER APPLICABLE LAW.

8.8 If there is any conflict between the English version and another language version of this
Agreement, the English version shall prevail.

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