Please read this Alibaba Cloud International Website Membership Account Cancellation Agreement (the “Agreement”) carefully before you formally submit an application for cancelling your membership account (the “Account”) on the Alibaba Cloud international website currently located at URL: www.alibabacloud.com, and the Alibaba Cloud international marketplace platform currently located at URL: marketplace.alibabacloud.com (collectively, the “Alibaba Cloud Platform”). Please contact us if you have any question on the terms and conditions of this Agreement.
DO NOT PROCEED UNLESS YOU HAVE ACCEPTED THIS AGREEMENT AND ARE SATISFIED THAT YOUR DESIRED PURPOSE CAN BE ACHIEVED BY CANCELLING YOUR ACCOUNT.
1. Parties, Content and Effectiveness of the Agreement
1.1 This Agreement is an agreement between the owner of the Account (“you”) and relevant Alibaba Cloud entities, depending on your location (“Alibaba Cloud”, “we”or “us”) regarding the termination of the Terms (or, the “Account Agreement”, as defined below) previously entered into between you and us and matters related thereto.
The Alibaba Cloud contracting entity that you are contracting with is Alibaba Cloud (Singapore) Private Limited if you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address in any jurisdiction outside of Europe, the United States of America, India, or Malaysia.
If you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address within the United Kingdom, Switzerland, and other jurisdictions in Europe but outside the European Economic Area, you are contracting with Alibaba.com (Europe) Limited.
If you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address within European Economic Area, you are contracting with Alibaba (Netherlands) B.V.
If you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address in the United States of America, you are contracting with Alibaba Cloud US LLC.
If you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address within India, you are contracting with Alibaba Cloud (India) LLP.
If you are a resident in or have indicated that, at the time of your Account registration, your billing address is an address within Malaysia, you are contracting with Alibaba Cloud (Malaysia) Sdn. Bhd.
For purpose of this Agreement, Terms shall include the following terms and conditions published on the Alibaba Cloud international website, as amended from time to time,
a) Alibaba Cloud International Website Terms of Use; b) Alibaba Cloud Product Terms of Service; c) Privacy Policy; and d) Any other website or service rules and policies as adopted and published on the Alibaba Cloud Platform from time to time.
1.2 The effectiveness of this Agreement is subject to certain conditions. After receiving your Account cancellation application, we will verify relevant information regarding you and your Account in accordance with relevant instructions during the Account cancellation process. This Agreement will only become effective upon our confirmation on your fulfillment of all terms and conditions relating to Account cancellation.
2. Procedures for Account Cancellation
2.1 “Account cancellation (deletion)” under this Agreement refers to the entire process initiated by you to, (a) terminate (i) the Account Agreement between you and us, and (ii) all business, contractual and any other relationships formulated thereunder, (b) completely close the Account registered and legally held by you, and (c) restore the Account to unregistered status.
2.2 You acknowledge and agree that the cancellation of Account is irreversible. Upon your submission of Account cancellation application, our system will initiate the automatic verification process, which cannot be stopped compulsorily. Your Account will be automatically deleted if your Account cancellation application passes the verification process.
2.3 During the automatic verification process of our system, if it is found under the Account that there is any outstanding contract, unsettled fees and/or costs, unpaid tax or any other unfulfilled obligations required by applicable laws and regulations, you will receive an “error” notification, and the Account cancellation process will be terminated automatically and will not be resumed automatically. If you want to proceed with the Account cancellation process, you shall re-submit an Account cancellation application after completing all the pre-cancellation preparations according to our system instructions.
2.4 During the Account cancellation process, if we find that any complaint is filed against your Account, or your Account is investigated by any governmental authorities or is involved in any litigation or arbitration proceedings, we may, at our sole discretion, terminate your Account cancellation process without your consent.
2.5 Notwithstanding the foregoing Clauses 2.3 and 2.4, if you contract with Alibaba (Netherlands) B.V. under this Agreement, as determined pursuant to Clause 1.1, and that you have sent Alibaba Cloud a prior written notice of one (1) month through a support ticket, stating your intent to switch to another cloud service provider, or to migrate to an on-premises infrastructure (an Account cancellation for either intent, a “Switching”), then you are eligible under the Regulation (EU) 2023/2854 of the European Union (“Data Act”) for the rights provided for customers in Chapter VI thereof, including without limitation a reasonable assistance provided by Alibaba Cloud to you on the Switching process, and a commitment to complete the Account cancellation and termination of the Terms after a transitional period normally of thirty (30) calendar days starting from the next day of the expiration of the abovementioned one (1) month notice period. Alternatively, you may state your intent of not to switch but to erase your exportable data and digital assets (both as defined under the Data Act), which is presumed to be your intent in the absence of your statement. The Terms will be terminated on the date of the successful completion of the Switching process, or at the end of the abovementioned one (1) month notice period, respectively.
2.6 If you are conducting a Switching and are eligible for the rights under the Data Act pursuant to Clause 2.5, you may: i) to the extent you are entitled under the Data Act, obtain the specifications of all exportable data and categories of data exempted from the exportable data, all relevant information of and other supports for your exit strategy relevant to the contracted services under the Terms, and/or all exportable data, by sending a support ticket on the Alibaba Cloud International Website elaborating your request, and ii) be entitled to a reduced data transfer rate (if any) for eligible use cases of relevant Alibaba Cloud products and services with this rate offered on their product information page.
3. Consequences of Account Cancellation
3.1 You acknowledge and agree that, upon completion of Account cancellation, the Account Agreement, all terms and conditions, any other agreements under or with respect to the Account will be terminated immediately and cease to have any binding obligations upon us, and,
3.1.1 You will no longer be able to log in to Alibaba Cloud’s websites, forum, etc.; 3.1.2 You will not be able to access the control panel or console; 3.1.3 You will not be able to conduct any other operations based on any authorizations granted to the Account; 3.1.4 You will not be able to retrieve personal information, transaction records, business data, historical information, etc., under or with respect to the Account.
Please Note: Account cancellation will not exempt, relieve or alleviate you from your obligations and/or liabilities arising from any of your activities or conducts prior to the Account cancellation.
3.2 Account cancellation will result in the following consequences to us:
3.2.1 We will not have the right to continue to collect, store and use your personal information and data, except as otherwise required by applicable laws and regulations, for example, to retain invoice information for purpose of tax compliance;
3.2.2 Subject to compliance with applicable laws and regulations of relevant jurisdictions, we are obligated to ensure that none of your data under your Account can be retrieved or accessed in our systems which are involved in the fulfillment of daily business functions;
3.2.3 We are no longer obligated to provide you with information display and disclosure, data recovery and retrieval or other services with respect to the cancelled Account. Please Note: Account cancellation shall not affect our performance of relevant obligations of confirming the authenticity of user prior to the Account cancellation in accordance with applicable laws and regulations when required by competent authorities or under other legitimate circumstances.
3.3 Notwithstanding the foregoing Clauses 3.1 and 3.2, if you are conducting a Switching and are eligible for the rights under the Data Act pursuant to Clause 2.5, you may still retrieve your exportable data and digital assets (both as defined under the Data Act) within thirty (30) calendar days after the termination of the transitional period mentioned under Clause 2.5, after which you will no longer be able to retrieve your data.
3.4 Upon the completion of Account cancellation, any other party may initiate an application for registration of such Account. Upon the successful registration of a new Account, the new Account holder will not be liable for any activities or conducts under the previous Account prior to the Account cancellation.
4. Miscellaneous
4.1 This Agreement shall be governed by the laws of Singapore without regard to its conflict of law provisions. The parties to the Terms hereby submit to the exclusive jurisdiction of the courts of Singapore.
4.2 In the event of any inconsistency or conflict between this Agreement and any other agreements previously entered into by and between you and us, this Agreement shall prevail.
You hereby confirm that you have completely read and understood this Agreement, and voluntarily commence the rest of the Account cancellation process, and agree to be bound by this Agreement.