PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. These LinkedMall terms of use (the “LinkedMall Terms of Use”) describe the terms and conditions applicable to your access and use of the Alibaba Cloud Linkedmall SaaS Platform, currently located at URL: https://linkedmall.store (the “LinkedMall Platform”). This document is a legally binding agreement between you as a user of the LinkedMall Platform (referred to as “you” or “your” hereinafter) and the relevant Alibaba Cloud entity listed in Clause 2 of the Alibaba Cloud International Website Terms of Use (https://www.alibabacloud.com/help/zh/legal/latest/alibaba-cloud-international-website-terms-of-use-alibaba-cloud-international-website-terms-of-use) (referred to as “we”, “our” or “Alibaba Cloud” hereinafter). Registered user of LinkedMall Platform, including you and other registrants, are referred to as “User” hereinafter. By using the LinkedMall Platform and its ancillary products and services (the “Services”), you acknowledge and agree that you have read, understood and agreed to be bound by the following terms (together, the “Terms of Use”),
A. LinkedMall Terms of Use
B. The Alibaba Cloud International Website Terms of Use (https://www.alibabacloud.com/help/zh/legal/latest/alibaba-cloud-international-website-terms-of-use-alibaba-cloud-international-website-terms-of-use)
C. The Alibaba Cloud International Website Privacy Policy (https://www.alibabacloud.com/help/zh/legal/latest/alibaba-cloud-international-website-privacy-policy)
D. The Alibaba Cloud International Website Membership Agreement (https://www.alibabacloud.com/help/zh/legal/latest/alibaba-cloud-international-website-membership-agreement)
E. API Terms of Use (https://www.alibabacloud.com/help/zh/legal/latest/api-term-of-use)
F. Payment and Tax Terms (https://www.alibabacloud.com/help/zh/legal/latest/payment-and-tax-terms-payment-and-tax-terms)
Capitalized terms not defined herein shall have the same meaning given to them in the Terms of Use. In the circumstance where there is any inconsistency between any of the LinkedMall Terms of Use and the rest of the Terms of Use, the LinkedMall Terms of Use shall prevail.
2. To access and use the LinkedMall Platform and Services, you must register for a LinkedMall account ("Account") by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
3. You must be the older of: (i) eighteen (18) years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
4. You confirm that you are receiving any Services provided by us for the purposes of carrying on business activity and not for any personal, household or family purpose.
5. You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to us and your primary Account email address must be capable of receiving messages. Your email communications with us can only be authenticated if they come from your primary account email address.
6. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
7. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
8. You acknowledge that you are responsible for the creation and operation of your LinkedMall Store.
9. LinkedMall is not a marketplace. Any contract of sale through your LinkedMall Store is directly between you and the buyer.
10. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted, or exhibited on or in connection with your Account ("Materials").
11. On LinkedMall backend portal’s perspective, we provide one main account and utmost five employee accounts. After you buy LinkedMall service on Alibaba Cloud official website, you can log in LinkedMall backend website via Alibaba Cloud account which is also called merchant main account in LinkedMall. Inside LinkedMall backend website, you can add at up to five employee accounts. Your employee can log in with employee account via username and password provided by main account.
12. We will monitor qps (query per second) index. This action ensures that apps that manage API calls responsibly will always have room in their buckets to make a burst of requests if needed. For example, if you normally make 20 requests per second in average, but suddenly need to make 30 requests all at once, you can still do so without hitting your rate limit. If we find there is suspected flood attack from a certain shop, traffic flow of this shop will be limited to 10 qps. Meanwhile, the transaction will be limited to 2 tps (transaction per second). LinkedMall will send warning email first once we are aware of any abnormal phenomena. You will receive an email at least 5 minutes before the traffic is limited.
13. We will monitor resource storage, such as picture, video etc. This action ensures that apps that resource storage will always have room in their buckets to make a burst of requests if needed. For example, if you upload 2GB resource, but there is no suspicion on storage attack, you can still do so without hitting your storage limit.
For purpose of this Clause 13, “Data” refers to resource storage, order amount, merchandise amount.
14. We may, from time to time, provide you with access to, or enable third party software, applications (“Apps”), products, services, or website links (collectively, “Third-party Services”) for your consideration or use. Such Third-party Services are made available only as a convenience, and your purchase, access, or use of any such Third-party Services is solely between you and the applicable third-party services provider “Third-party Services Providers”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third-party Services Providers.
15. Any use by you of Third-party Services offered through LinkedMall website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-party Services before using them. In some instances, we may receive a revenue share from Third-party Services Providers that we recommend to you or that you otherwise engage through your use of the Services or our website.
16. We do not provide any warranties or make representations to you with respect to Third-party Services. You acknowledge that we have no control over Third-party Services and shall not be responsible or liable to you or anyone else for such Third-party Services. The availability of Third-party Services on or via our websites does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with us. We do not guarantee the availability of Third-party Services and you acknowledge that we may disable access to any Third-party Services at any time in its sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third-party Service. We strongly recommend that you seek specialist advice before using or relying on Third-party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
17. If you install or enable a Third-party Service for use with the Services, you grant us permission to allow the applicable Third-party Services Providers to access your data and other Materials and to take any other actions as required for the interoperation of the Third-party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third-party Services Provider is solely between you and such Third-party Services Provider. We are not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third-party Service or a Third-party Services Provider to your data or other Materials.
18. You acknowledge and agree that: (i) by submitting a request for assistance or other information through LinkedMall support, you consent to being contacted by one or more Third-parties at the store owner's registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) we will receive all email communications exchanged via LinkedMall support or in any reply emails (each a "Reply") that originate from LinkedMall support (directly or indirectly) between yourself and after-sale service personnel. You further agree that we may share your contact details and the background information that you submit via the LinkedMall support with Third-parties. Third-parties may require access to certain admin pages on your LinkedMall store. You choose the pages that the Third Parties can access.
19. The relationship between you and any Third-party Services Provider is strictly between you and such Third-party Services Provider, and we are not obligated to intervene in any dispute arising between you and a Third-party Services Provider.
20. Under no circumstances shall we be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever, that result from any Third-party Services or your contractual relationship with any Third-party Services Provider. These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
21. You agree to indemnify and hold us and (as applicable) our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-party Service or your relationship with a Third-party Services Provider.
22. The following activities are strictly prohibited, we may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Services if you engage in any of the following activities, including activities outside of your use of the Services.
A. Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
B. COVID-19: You may only offer goods or services in relation to COVID-19 that comply with the following rules,
(a) Price Gouging: You must not charge excessive prices or engage in deceptive pricing practices for necessary COVID 19 related products.
(b) Claims: Any medical, scientific or other claims must be true and supported by documented evidence, and where required by law, an adequate and proper test of such claims. Products claiming to prevent, treat or cure COVID 19 will be removed from LinkedMall.
(c) Compliance with laws: You must comply with all applicable laws and other regulatory requirements relating to the sale of COVID 19 related products, both in your jurisdiction and in the jurisdiction of your customers.
(d) Appropriate licensing or permissions: You must obtain all applicable licenses or permissions for the products you sell. This includes all applicable licenses, approvals, or authorizations for the sale of medical or health-related products.
(e) Selling regulated products: Prior notice and/or approval by LinkedMall is required for the sale of regulated products on our platform. In some cases (for example, selling government-approved test kits), we may require that you provide information or documentation in order to verify that you have complied with these rules and sign an additional agreement.
(f) Non-Delivery: Buyers should receive any COVID-19 related products they purchase from your store.
C. Harassment, bullying, defamation and threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.
D. Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance. You may not use the Services to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
E. Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
F. Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
G. Malicious and deceptive practices: You may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of LinkedMall or others, including business partners of LinkedMall. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
H. Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent. You may not use the Services to collect, store, or process any protected health information subject to any applicable health privacy regulation or any other applicable law governing the processing, use, or disclosure of protected health information.
I. Restricted Items: You may not offer goods or services that are, or appear to be, restricted items under applicable laws.
J. Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
K. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
L. Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization. 23. LinkedMall has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with the Terms of Use. Our determination of whether a violation of Terms of Use has occurred will be final and binding, and any action taken with respect to enforcing the Terms of Use, including taking no action at all, will be at our sole discretion.
24. We may modify the Terms of Use at any time by posting a revised version on our official website (https://www.alibabacloud.com/help/zh/legal/latest/linkedmall-terms-of-use). By continuing to use the Services or access your Account after a revised version of the Terms of Use have been posted, you agree to comply with the latest version of the Terms of Use.