万里汇(WorldFirst)万里汇(WorldFirst)

Supplementary Terms and Conditions – 1688.com Buyer Solution

(March 2022)

These Supplementary Terms and Conditions for the 1688.com Buyer Solution (the "Supplementary Terms and Conditions (1688.com Buyer Solution)") supplement the World Account Terms and Conditions relating to the availability and use of the World Account services ("Terms and Conditions") between you and Alipay Merchant Services Pte. Ltd. (company registration number: 201735998W) (“Alipay MS”). Please read them carefully.

You agree that the Terms and Conditions you entered into with Alipay MS will be supplemented as set out in these Supplementary Terms and Conditions (1688.com Buyer Solution) with immediate effect.

1.  SCOPE OF THESE SUPPLEMENTARY TERMS AND CONDITIONS

  1. TheseSupplementary Terms and Conditions (1688.com Buyer Solution) relate to the service ("1688.com Buyer Solution") which Alipay MS and/or its affiliates will provide to enable you to pay for (or receive a refund related to) (1) goods that you purchase through a holder of an Alipay affiliate account (“Agent”), whose account number that you provided, and (2) any related transaction and/or service fees that may be due. For the avoidance of doubt, such Agent could include yourself, your affiliate, or an appointed third party.
  2. These Supplementary Terms and Conditions (1688.com Buyer Solution) supplement the World Account Terms and Conditions between you and Alipay MS. These Supplementary Terms and Conditions (1688.com Buyer Solution) shall be deemed to form part of the Terms and Conditions. Accordingly, all references in the Terms and Conditions to the "Terms and Conditions" shall be construed as references to the Terms and Conditions as supplemented by these Supplementary Terms and Conditions (1688.com Buyer Solution).  Subject to the provisions of these Supplementary Terms and Conditions (1688.com Buyer Solution), the Terms and Conditions shall remain in full force and effect.
  3. Capitalised words and phrases used in these Supplementary Terms and Conditions (1688.com Buyer Solution) shall have the meaning given to them in the Terms and Conditions, unless otherwise defined in these Supplementary Terms and Conditions (1688.com Buyer Solution).
  4. The 1688.com Buyer Solution is subject to all provisions under the Terms and Conditions, as well as the additional terms set out below.

2.   1688.com Buyer solution

  1. If you are eligible for and have elected to receive the 1688.com Buyer Solution, you will be able to make payment for (or receive a refund related to) (1) goods that you purchase through an Agent whose account number that you provided, and (2) any related transaction and/or service fees that may be due.
  2. You authorize Alipay MS and its affiliates to process the transactions ordered by the Agent on your behalf on 1688.com and to debit your account with Alipay MS to pay for (or receive a refund related to) (1) goods that you purchase through such Agent, and (2) any related transaction and/or service fees that may be due.
  3. You instruct and authorize Alipay MS and its affiliates to transfer, on your behalf, funds from your account opened with Alipay MS or an Alipay MS affiliate (“Your Account”) to the account opened with Alipay MS or an Alipay MS affiliate (“Designated Account”) of a recipient (“Recipient”) as specified by 阿里巴巴(中国)网络技术有限公司 (“1688.com”), whether directly or indirectly through an affiliate, pursuant to the Transfer Instructions (as defined below).     
  4. You request and authorise Alipay MS and its affiliates to receive payment instructions directly or indirectly from 1688.com on your behalf (the "Transfer Instructions"), and to act on the Transfer Instructions received from 1688.com by transferring funds from Your Account to the Designated Account in such time periods and durations as stated in such Transfer Instructions. You confirm that Alipay MS and its affiliates may deem such Transfer Instructions received from 1688.com to be equivalent to a specific payment order provided by yourself, and you authorize and consent to Alipay MS and its affiliates transferring funds to the Designated Account according to the Transfer Instructions. You acknowledge and agree that Alipay MS and its affiliates’ obligation to transfer the funds is extinguished once Alipay MS or its affiliate (as the case may be) credits the funds to the Designated Account as instructed by 1688.com. Once the funds are credited to the Designated Account, the Recipient shall be responsible for the funds, and the funds shall be made available to you as agreed between you and the Recipient.
  5. You understand and agree that Alipay MS and its affiliates will not be required to notify you when Alipay MS and/or its affiliates receives the Transfer Instructions, nor will Alipay MS and its affiliates be required to verify with you the authenticity, accuracy and validity of all Transfer Instructions received from 1688.com, or whether they are in compliance with the agreement between 1688.com and yourself.
  6. You understand and agree that Alipay MS is the only person authorized to provide the World Account services. Alipay MS will not be liable for any loss or liability arising out of its provision of the World Account services unless Alipay MS does not provide the World Account services in accordance with the Transfer Instructions. Any other losses and liabilities, including any losses or liabilities incurred if the Transfer Instructions received from 1688.com is incorrect, should be resolved by you with 1688.com.
  7. In the event that you wish to cancel or amend the Transfer Instructions which Alipay MS or its affiliates have received from 1688.com, please contact the Alipay Global Merchant Management Team. Alipay MS may require you to provide additional information and documents, including evidence that 1688.com has consented to such cancellation or amendment. Alipay MS may deny your request if you fail to provide such requested information and continue to act on the original Transfer Instructions received from 1688.com.
  8. You authorize Alipay MS and its affiliates to provide applicable information to other participants involved in the transaction processing of the 1688.com Buyer Solution.
  9. You agree to pay the applicable service fees for the 1688.com Buyer Solution as we and/or our affiliates shall inform you from time to time.
  10. You must ensure that the Agent’s details, including Alipay affiliate account number details, you enter are correct and complete.
  11. If you provide or confirm incorrect Agent details, we and/or our affiliates will not be liable for any loss you incur.
  12. If incorrect Agent details are provided, and a wrong payment is made, you may request that we assist you in reclaiming the funds; however, we and/or our affiliates may charge you an administration fee for doing so and cannot guarantee that the reclamation efforts will be successful.
  13. Making payments from your World Account may be subject to per-transaction limits, which may be adjusted from time to time in our sole discretion.  
  14. We may decline or defer your request to make a payment and require you to send us additional documents to verify information such as identity, address, source of funds or reason for payment, before we effect the requested payment. You agree to cooperate with us in providing such documents and information.
  15. You can only make a withdrawal or payment using your World Account balance to the extent that you have enough balance to support the withdrawals or payments. You are not allowed to make a withdrawal or payment in excess of your World Account balance. We will not extend credit in connection with your use of the World Account.
  16. In the event any withdrawal or payment is not successful and the funds revert back to us, you authorize us to credit the funds back to your specified account, less any fees which may be charged by the bank provider or any other payment provider.
  17. You shall provide Alipay MS with all relevant information for compliance by Alipay MS and its affiliates with relevant laws or if required by Alipay MS, including but not limited to (where relevant) cross border delivery details, such as shipping records from China to you or your overseas destination address.
  18. You are responsible for handling any disputes between Agent and yourself.
  19. Alipay MS and its affiliates are not party to any agreement entered into between yourself and 1688.com and the World Account services are provided by Alipay MS solely for your benefit. You shall address all queries and resolve any disputes regarding such agreement, or the Transfer Instructions, with 1688.com. You agree that all disputes with 1688.com shall be a matter solely between you and 1688.com. You acknowledge and agree that Alipay MS is not acting as agent on behalf of 1688.com.

3.    MISCELLANEOUS

  1. These Supplementary Terms and Conditions (1688.com Buyer Solution) shall be governed by Singapore law. In the event of any dispute or claim arising from or in connection with these Supplementary Terms and Conditions (1688.com Buyer Solution) or your use of the World Account services, the relevant parties shall resolve such dispute or claim through amicable negotiations.  If such dispute or claim is still not resolved (including any dispute on the existence, validity or termination of these Supplementary Terms and Conditions (1688.com Buyer Solution)), you irrevocably consent to the matter being referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”).  If any dispute is submitted to the SIAC for arbitration, the arbitration shall be conducted in accordance with the Arbitration Rules of the SIAC (SIAC Rules) in force at the time of applying for arbitration, which rules are deemed to be incorporated by reference in this paragraph. The seat of the arbitration shall be Singapore. The arbitration panel shall consist of one single arbitrator.  Unless the parties agree otherwise, the arbitration shall be conducted in English.  The arbitration award rendered by the SIAC shall be final and binding on all the relevant parties.
  2. If any provision of this Supplementary Terms and Conditions (1688.com Buyer Solution) is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall be enforced.
  3. A breach of these Supplementary Terms and Conditions (1688.com Buyer Solution) will be deemed to be a breach of the Terms and Conditions.
  4. Any failure by Alipay MS to exercise any of our rights under these Supplementary Terms and Conditions (1688.com Buyer Solution) shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach. A waiver shall be effective only if made in writing.
  5. Alipay MS shall have the right to assign these Supplementary Terms and Conditions (1688.com Buyer Solution) (including all of our rights, titles, benefits, interests, and obligations and duties in these Supplementary Terms and Conditions (1688.com Buyer Solution)) to any of our affiliates and to any successor in interest. Alipay MS may delegate certain of Alipay MS’ rights and responsibilities under these Supplementary Terms and Conditions (1688.com Buyer Solution) to its affiliates, independent contractors or other third parties.
  6. A person who is not a party to these Supplementary Terms and Conditions (1688.com Buyer Solution) has no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of these Supplementary Terms and Conditions (1688.com Buyer Solution), save that where any obligations are owed by you to an Alipay MS affiliate, each of such Alipay MS affiliate may enforce the terms of these Supplementary Terms and Conditions (1688.com Buyer Solution) against you.
  7. In the event of a conflict between these Supplementary Terms and Conditions (1688.com Buyer Solution) and the Terms and Conditions, the provision requiring a higher standard shall apply.