E-commerce Bank Performance Guarantee Service Agreement and Margin Pledge Agreement
The "E-commerce Bank Performance Guarantee Service Agreement" (hereinafter referred to as "this Agreement") is concluded by Zhejiang Online Merchant Bank Co., Ltd. (hereinafter referred to as "E-commerce Bank"), AliExpress platform operators and users (hereinafter referred to as "you") on the use of performance guarantee services (hereinafter referred to as "this service"). Effective contract. By clicking to confirm or otherwise opting to accept this agreement through the online page, you have reached an agreement with the online merchant bank and AliExpress platform operators and agreed to accept all the agreed content of this agreement.
Before accepting this agreement, please read all the contents of this agreement carefully (especially those underlined in bold). If you do not agree with any content of this agreement, or you can't accurately understand the meaning of any terms of this agreement, please do not confirm and follow up. If you have any questions about the terms of this agreement, please inquire through the customer service channels of the operators of the online merchant bank and AliExpress AliExpress platform, and they will explain the terms to you.
You agree that in order to continuously improve the experience of consumers and merchants, adapt to the requirements of laws and regulations, etc., online merchant banks and AliExpress platform operators may modify the content of this agreement as needed, and use them on the online merchant bank website (www.mybank.cn) or AliExpress platform operator website (aliexp). ress.com) shall be announced in advance by at least seven days' notice; if you continue to use the service after the change in the content of this agreement takes effect, it means that you have fully read, understood and accepted the content of the revised agreement, and will also follow the modified content of the agreement to use the service; if you do not agree to the modified Agreement content, you should stop using the service until the change takes effect.
Definition
AliExpress platform: refers to AliExpress website and client.
AliExpress platform operator: the single-called or collective name of the trading service provider of AliExpress platform, including Alibaba (China) Network Technology Co., Ltd. and its affiliates.
Affiliates: refers to the latest annual report of Alibaba Group Holding Limited (http://www.alibabagroup.com/cn/ir/secfilin) gs) The affiliate of the operator of the AliExpress platform disclosed.
Performance guarantee service: It means that if you do not fully or partially perform the obligations under the above agreement, the commerce bank will assume the guarantee liability to the AliExpress platform operator in accordance with the agreement agreed in this agreement.
Content of performance guarantee services
2.1 Based on the AliExpress Seller Service Agreement and related rules signed by you and AliExpress platform operators, this agreement is a supplementary agreement to the relevant agreement of the platform. You and the operators of AliExpress platform agree to agree on the scope of the main creditor's rights of performance guarantee services as follows:
1. If you are responsible for determining your violation of relevant laws and regulations, agreements or commitments to the buyer according to the relevant rules and procedures of the AliExpress platform, resulting in or may cause damage to the buyer's rights and interests, or you should refund, pay liquidated damages or compensation to the buyer in accordance with the agreement;
Services
2. If you violate relevant laws, regulations or agreements, causing damage to AliExpress platform operators (including administrative penalties, judgments of infringement, damage to goodwill, etc.), or you should pay liquidated damages or compensation to AliExpress platform operators in accordance with the agreement, or you have overdue payments to AliExpress platform operators (whether based on Agreed by both parties);
3. If you violate the agreement with the AliExpress platform operator, you cause economic losses to the platform or its affiliates, or pay liquidated damages to them in accordance with the rules;
4. Other circumstances stipulated in your agreement with the operator of the AliExpress platform.
2.2 The period of liability for performance security under this agreement is within two years from the date of the occurrence of the above main claim.
2.3 In view of the fact that the online merchant bank provides you with performance guarantee services, you agree to pay a certain amount of deposit to the online merchant bank as a counter-guarantee. The specific deposit amount and deposit method shall be displayed on the AliExpress platform page (the above margin is referred to as the "performance guarantee deposit"). You agree that the online merchant bank will deduct the corresponding amount from your Alipay balance through Alipay (China) Network Technology Co., Ltd. (hereinafter referred to as "Alipay Company").
In particular, the performance guarantee liability of the online merchant bank to the AliExpress platform operator is limited to the amount of the performance guarantee deposit you deposited to the online merchant bank (hereinafter referred to as the "guarantee limit"). If the amount of the performance guarantee is insufficient, the online merchant bank has the right to refuse to bear the guarantee liability; at that time, you should directly compensate the AliExpress platform operator or its affiliates.
2.4 In the event of any of the situations agreed in 2.1 of this Agreement, you agree that the commerce bank shall perform the performance guarantee liability in accordance with the instructions of the AliExpress platform operator, that is, to bear the guarantee liability to the AliExpress platform operator within the guarantee limit. In this regard, the online merchant bank has the right to transfer the corresponding performance guarantee deposit to the buyer, AliExpress platform operators or their affiliates refund, pay liquidated damages or compensation.
2.5 After the online merchant bank deducts or pays your performance guarantee deposit in accordance with the agreement of this agreement 2.4, you agree and authorize the online merchant bank to deduct the corresponding amount from your Alipay balance through Alipay to make up for the performance guarantee deposit. If the performance guarantee is not made up by the above means, the online merchant bank has the right to terminate the performance guarantee services provided to you under this agreement, and the AliExpress platform operator has the right to terminate some or all of the corresponding services provided to you in accordance with other relevant agreements with you.
III. Application of law, jurisdiction and others
3.1 If the content of this agreement conflicts with the platform-related agreement signed separately by the AliExpress platform operator, the agreement shall prevail. If there is no agreement in this agreement, it shall be implemented in accordance with the relevant agreement of the platform.
3.2 The laws of the People's Republic of China shall apply to this agreement (for the purposes of this agreement, for the purpose of avoiding ambiguity, the laws of the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan are not included). If the dispute arising from this contract cannot be reached upon after consultation, the parties may bring a lawsuit to the people's court where the defendant is located.
3.3 The validity period of this agreement is consistent with the term of the platform seller service agreement you are signed.
3.4 The paper version of this agreement is for reference only. If the paper version is inconsistent with the electronic version, the electronic version displayed on the AliExpress platform operator's website shall prevail.
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