Terms & conditions
(Updated on 1-10- 2018)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1.Application and Acceptance of the Terms
1.1 Your use of the Sites and
Abarrot.com’s services, software and products (collectively the as the “Services”
hereinafter) is subject to the terms and conditions contained in this document
rules and policies of the Sites that Alibaba.com may publish from time to time.
The Promotion Services referred to in the Abarrot.com Free Membership
Agreement shall include Top Ranking and Sponsored Listing and any such other
Services as may be announced by Abarrot.com from time to time. This
document and such other rules and policies of the Sites are collectively
referred to below as the “Terms”. By
accessing the Sites or using the Services, you agree to accept and be bound by
the Terms. Please do not use the Services or the Sites if you do not
accept all of the Terms.
1.2 You may not use the Services and may
not accept the Terms if (a) you are not of legal age to form a binding contract
with Abarrot.com, or (b) you are not permitted to receive any Services under
the laws of Hong Kong or other countries / regions including the country /
region in which you are resident or from which you use the Services.
1.3 Abarrot.com may amend any Terms at
any time by posting the relevant amended and restated Terms on the Sites.
By continuing to use the Services or the Sites, you agree that the
amended Terms will apply to you.
1.4 If Abarrot.com has posted or
provided a translation of the English language version of the Terms, you agree
that the translation is provided for convenience only and that the English
language version will govern your uses of the Services or the Sites.
1.5 You may be required to enter into a
separate agreement, whether online or offline, with Abarrot.com or our
affiliate for any Service (“Additional Agreements”).
If there is any conflict or inconsistency between the Terms and an
Additional Agreement, the Additional Agreement shall take precedence over the
Terms only in relation to that Service concerned.
1.6 The Terms may not otherwise be modified except in writing by an authorized officer of Abarrot.com.
2. Provision of Services
2.1 The Abarrot.com contracting entity
that you are contracting with is Abarrot.com , Limited if you are a registered
member of the Sites and registered or resident in Hong Kong or Macau. If
you registered in a jurisdiction outside Hong Kong, Macau and mainland China, you
are contracting with Abarrot.com Singapore E-Commerce Private Limited
(incorporated in Singapore with Company Reg. No. 200720572D). If you
registered in or are a resident of mainland China, you are contracting with
Hangzhou Abarrot Advertising Co., Ltd. As some or part of the Services
may be supported and provided by affiliates of Abarrot.com, Abarrot.com may
delegate some of the Services to its affiliates, particularly Abarrot.com
(Europe) Limited incorporated in the United Kingdom, who you agree may invoice
you for their part of the Services.
2.2 You must register as a member on the
Sites in order to access and use some Services. Further, Abarrot.com reserves
the right, without prior notice, to restrict access to or use of certain
Services (or any features within the Services) to paying Users or subject to
other conditions that Abarrot.com may impose in our discretion.
2.3 Services (or any features within the
Services) may vary for different regions and countries. No warranty or
representation is given that a particular Service or feature or function
thereof or the same type and extent of the Service or features and functions
thereof will be available for Users. Abarrot.com may in our sole discretion
limit, deny or create different level of access to and use of any Services (or
any features within the Services) with respect to different Users.
2.4 Abarrot.com may launch, change,
upgrade, impose conditions to, suspend, or stop any Services (or any features
within the Services) without prior notice except that in case of a fee-based
Service, such changes will not substantially adversely affect the paying Users
in enjoying that Service.
2.5 Some Services may be provided by Abarrot.com’s affiliates on behalf of Abarrot.com.
3. Users Generally
3.1 As a condition of your access to and
use of the Sites or Services, you agree that you will comply with all
applicable laws and regulations when using the Sites or Services.
3.2 You agree to use the Sites or
Services solely for your own private and internal purposes. You agree that (a)
you will not copy, reproduce, download, re-publish, sell, distribute or resell
any Services or any information, text, images, graphics, video clips, sound,
directories, files, databases or listings, etc available on or through the
Sites (the “Site Content”), and (b) you will not copy, reproduce, download,
compile or otherwise use any Site Content for the purposes of operating a business
that competes with Abarrot.com, or otherwise commercially exploiting the Site
Content. Systematic retrieval of Site Content from the Sites to create or
compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from Alibaba.com is prohibited. Use of
any content or materials on the Sites for any purpose not expressly permitted
in the Terms is prohibited.
3.3 You must read Abarrot.com’s Privacy
Policy which governs the protection and use of personal information about Users
in the possession of Abarrot.com and our affiliates.
3.4 Abarrot.com may allow Users to
access to content, products or services offered by third parties through
hyperlinks (in the form of word link, banners, channels or otherwise), API or
otherwise to such third parties' web sites. You are cautioned to read such web
sites' terms and conditions and/or privacy policies before using the Sites. You
acknowledge that Abarrot.com has no control over such third parties' web sites,
does not monitor such web sites, and shall not be responsible or liable to
anyone for such web sites, or any content, products or services made available
on such web sites.
3.5 You agree not to undertake any
action to undermine the integrity of the computer systems or networks of
Abarrot.com and/or any other User nor to gain unauthorized access to such
computer systems or networks.
3.6 You agree not to undertake any
action which may undermine the integrity of Abarrot.com’s feedback system, such
as leaving positive feedback for yourself using secondary Member IDs or through
third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to Abarrot.com or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Abarrot.com to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to Abarrot.com that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
4.1 User must be registered on the Sites
to access or use some Services (a registered User is also referred to as a “Member”
below). Except with Alibaba.com’s approval, one User may only register one member
account on the Sites. Abarrot.com may cancel or terminate a User’s member
account if Abarrot.com has reasons to suspect that the User has concurrently
registered or controlled two or more member accounts. Further, Abarrot.com may
reject User’s application for registration for any reason.
4.2 Upon registration on the Sites,
Abarrot.com shall assign an account and issue a member ID and password (the
latter shall be chosen by a registered User during registration) to each
registered User. An account may have a web-based email account with limited
storage space for the Member to send or receive emails.
4.3 A set of Member ID and password is
unique to a single account. Each Member shall be solely responsible for
maintaining the confidentiality and security of your Member ID and password and
for all activities that occur under your account. No Member may share, assign,
or permit the use of your Member account, ID or password by another person
outside of the Member’s own business entity. Member agrees to notify Abarrot.com
immediately if you become aware of any unauthorized use of your password or
your account or any other breach of security of your account.
4.4 Member agrees that all activities
that occur under your account (including without limitation, posting any
company or product information, clicking to accept any Additional Agreements or
rules, subscribing to or making any payment for any services, sending emails
using the email account or sending SMS) will be deemed to have been authorized
by the Member.
4.5 Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Abarrot.com or other Users of the Sites. Member shall indemnify Abarrot.com, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Abarrot.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
5.1 Each Member represents, warrants and
agrees that (a) you have full power and authority to accept the Terms, to grant
the license and authorization and to perform the obligations hereunder; (b) you
use the Sites and Services for business purposes only; and (c) the address you
provide when registering is the principal place of business of your business
entity. For purposes of this provision, a branch or liaison office will
not be considered a separate entity and your principal place of business will
be deemed to be that of your head office.
5.2 Member will be required to provide
information or material about your entity, business or products/services as
part of the registration process on the Sites or your use of any Service or the
member account. Each Member represents, warrants and agrees that (a) such
information and material whether submitted during the registration process or
thereafter throughout the continuation of the use of the Sites or Service is
true, accurate, current and complete, and (b) you will maintain and promptly
amend all information and material to keep it true, accurate, current and
5.3 Upon becoming a Member, you consent
to the inclusion of the contact information about you in our Buyer Database and
authorize Abarrot.com and our affiliates to share the contact information with
other Users or otherwise use your personal information in accordance with the
5.4 Each Member represents, warrants and
agrees that (a) you shall be solely responsible for obtaining all necessary
third party licenses and permissions regarding any User Content that you
submit, post or display; (b) any User Content that you submit, post or display
does not infringe or violate any of the copyright, patent, trademark, trade
name, trade secrets or any other personal or proprietary rights of any third
party (“Third Party Rights”); (c) you have the right
and authority to sell, trade, distribute or export or offer to sell, trade,
distribute or export the products or services described in the User Content and
such sale, trade, distribution or export or offer does not violate any Third
Party Rights and (d) you and your affiliates are not the subject of any trade
restrictions, sanctions or other legal restrictions enacted by any country,
international organization or jurisdiction.
5.5 Each Member further represents,
warrants and agrees that the User Content that you submit, post or display
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
5.6 Each Member further represents,
warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate Abarrot.com’s various proprietary directories, databases and listings;
i) not 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;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by Abarrot.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for Abarrot.com or our affiliates.
5.7 Member may not use the Services and
member account to engage in activities which are identical or similar to
Abarrot.com’s e-commerce marketplace business.
5.8 If Member provides a business
referee, Member represents, warrants and agrees that you have obtained all
necessary consents, approvals and waivers from your business partners and
associates to (a) act as your business referee; (b) 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 you. You further warrant and agree that
all reference letters and comments are true and accurate and third parties may
contact the business referees without the need to obtain your consent.
5.9 Member agrees to provide all
necessary information, materials and approval, and render all reasonable
assistance and cooperation necessary for Abarrot.com’s provision of the
Services, evaluating whether Member has breached the Terms and/or handling any
complaint against the Member. If Member’s failure to do so results in
delay in, or suspension or termination of, the provision of any Service,
Abarrot.com shall not be obliged to extend the relevant service period nor
shall be liable for any loss or damages arising from such delay, suspension or
5.10Member acknowledges and agrees that
Abarrot.com shall not be required to actively monitor nor exercise any
editorial control whatsoever over the content of any message or material or
information created, obtained or accessible through the Services or Sites.
Abarrot.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
5.11Member acknowledges and agrees that
the Services may only be used by businesses and their representatives for
business use and not for individual consumers or for personal use.
5.12Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6. Breaches by Members
6.1 Abarrot.com reserves the right in
our sole discretion to remove, modify or reject any User Content that you
submit to, post or display on the Sites which we reasonably believe is
unlawful, violates the Terms, could subject Abarrot.com or our affiliates to
liability, or is otherwise found inappropriate in Abarrot.com’s opinion.
6.2 If any Member breaches any Terms, or
if Abarrot.com has reasonable grounds to believe that a Member is in breach of
any Terms, Abarrot.com shall have the right to take such disciplinary actions
as it deems appropriate, including without limitation: (i) suspending or
terminating the Member’s account and any and all accounts determined to be related
to such account by Abarrot.com in its discretion; (ii) restricting,
downgrading, suspending or terminating the subscription of, access to, or
current or future use of any Service; (iii) removing any product listings or
other User Content that the Member has submitted, posted or displayed, or
imposing restrictions on the number of product listings or User Content that
the Member may post or display; (iv) imposing other restrictions on the
Member’s use of any features or functions of any Service as Alibaba.com may
consider appropriate in its sole discretion; and (v) any other corrective
actions, discipline or penalties as Abarrot.com may deem necessary or
appropriate in its sole discretion.
6.3 Without limiting the generality of
the provisions of the Terms, a Member would be considered as being in breach of
the Terms in any of the following circumstances:
a) upon complaint or claim from any third party, Abarrot.com has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) Abarrot.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) Abarrot.com has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
d) Abarrot.com believes that the Member’s actions may cause financial loss or legal liability to Abarrot.com or our affiliates or any other Users.
6.4 Abarrot.com reserves the right to
cooperate fully with governmental authorities, private investigators and/or
injured third parties in the investigation of any suspected criminal or civil
wrongdoing. Further, to the extent permitted by applicable laws and
policies, Abarrot.com may disclose the Member's identity, contact information
and/or information regarding the Member's account(s), transactions or
activities carried out on or via the Site, if requested by a government or law
enforcement body, an injured third party, or as a result of a subpoena or other
legal action. Abarrot.com shall not be liable for damages or results
arising from such disclosure, and Member agrees not to bring any action or
claim against Abarrot.com for such disclosure.
6.5 Abarrot.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Abarrot.com has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Abarrot.com. Abarrot.com shall not be required to investigate such breach or request confirmation from the Member.
6.6 Each Member agrees to indemnify
Abarrot.com, our affiliates, directors, employees, agents and representatives
and to hold them harmless, from any and all damages, losses, claims and
liabilities (including legal costs on a full indemnity basis) which may arise
from your submission, posting or display of any User Content, from your use of
the Sites or Services, or from your breach of the Terms.
6.7 Each Member further agrees that Abarrot.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Abarrot.com reserves the right, at our 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 Abarrot.com in asserting any available defenses.
7. Transactions Between Buyers and Sellers
Through the Sites, Abarrot.com provides electronic web-based platforms for
exchanging information between buyers and sellers of products and services.
Abarrot.com additionally provides electronic web-based transaction platforms
for Members to place, accept, conclude, manage and fulfill orders for the
provision of products and services online within the Sites subject to the terms
of the . However, for any Services,
Abarrot.com does not represent either the seller or the buyer in specific
transactions. Abarrot.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.
7.2 Users are hereby made aware that
there may be risks of dealing with people acting under false pretences. Abarrot.com
uses several techniques to verify the accuracy of certain information our
paying Users provide us when they register for a paying membership service on
the Sites. However, because user verification on the Internet is
difficult, Abarrot.com cannot and does not confirm each User's purported
identity (including, without limitation, paying Members). We encourage you to
use various means, as well as common sense, to evaluate with whom you are
7.3 Each User acknowledges that it is
fully assuming the risks of conducting any purchase and sale transactions in
connection with using the Sites or Services, and that it is fully assuming the
risks of liability or harm of any kind in connection with subsequent activity
of any kind relating to products or services that are the subject of
transactions using the Sites. Such risks shall include, but are not limited to,
mis-representation of products and services, fraudulent schemes, unsatisfactory
quality, failure to meet specifications, defective or dangerous products,
unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Sites may violate or may be asserted to
violate Third Party Rights, and the risk that User may incur costs of defense
or other costs in connection with third parties’ assertion of Third Party
Rights, or in connection with any claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or
claims by Third Party Rights claimants. Such risks also include the risks that
consumers, other purchasers, end-users of products or others claiming to have
suffered injuries or harms relating to products originally obtained by Users of
the Sites as a result of purchase and sale transactions in connection with
using the Sites may suffer harms and/or assert claims arising from their use of
such products. All of the foregoing risks are hereafter referred to as
"Transaction Risks". Each User agrees that Abarrot.com shall not be
liable or responsible for any damages, claims, liabilities, costs, harms,
inconveniences, business disruptions or expenditures of any kind that may arise
a result of or in connection with any Transaction Risks.
7.4 Users are solely responsible for all
of the terms and conditions of the transactions conducted on, through or as a
result of use of the Sites or Services, including, without limitation, terms
regarding payment, returns, warranties, shipping, insurance, fees, taxes,
title, licenses, fines, permits, handling, transportation and storage.
7.5 User agrees to provide all
information and materials as may be reasonably required by Abarrot.com in
connection with your transactions conducted on, through or as a result of use
of the Sites or Services. Abarrot.com has the right to suspend or
terminate any User’s account if the User fails to provide the required
information and materials.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Abarrot.com (and our 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 transaction.
8. Limitation of Liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE SERVICES PROVIDED BY ABARROT.COM ON OR THROUGH THE SITES ARE PROVIDED
"AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND ABARROT.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. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE
8.2 TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ABARROT.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY,
ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; ALIBABA.COM
DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES
OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND
ABARROT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY
PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or otherwise
obtained through the Sites is done at each User's sole discretion and risk and
each User is solely responsible for any damage to Abarrot.com’s computer system
or loss of data that may result from the download of any such material. No
advice or information, whether oral or written, obtained by any User from
Abarrot.com or through or from the Sites shall create any warranty not
expressly stated herein.
8.4 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 Abarrot.com and our affiliates be held liable for any such
services or products.
8.5 Each User hereby agrees to indemnify
and save Abarrot.com, our affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs
on a full indemnity basis) which may arise from such User's use of the Sites or
Services (including but not limited to the display of such User's information
on the Sites) or from your breach of any of the terms and conditions of the
Terms. Each User hereby further agrees to indemnify and save Abarrot.com, our
affiliates, directors, officers and employees harmless, from any and all
losses, damages, claims, liabilities (including legal costs on a full indemnity
basis) which may arise from User's breach of any representations and warranties
made by User to Abarrot.com, including but not limited to those set forth in
Section 5 hereunder.
8.6 Each User hereby further agrees to
indemnify and save Abarrot.com, our affiliates, directors, officers and
employees harmless, from any and all losses, damages, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third Party Rights claimants
or other third parties relating to products offered or displayed on the Sites.
Each User hereby further agrees that Abarrot.com is not responsible and shall
have no liability to you, for any material posted by others, including
defamatory, offensive or illicit material and that the risk of damages from
such material rests entirely with each User. Abarrot.com reserves the right, at
our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate
with Abarrot.com in asserting any available defenses.
8.7 Abarrot.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, equity or otherwise or any other damages resulting
from any of the following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
d) unauthorized access by third parties to data or private information of any User;
e) statements or conduct of any User of the Sites; or;
f) any matters relating to Services however arising, including negligence.
8.8 Notwithstanding any of the foregoing
provisions, the aggregate liability of Abarrot.com, our employees, agents,
affiliates, representatives or anyone acting on our behalf with respect to each
User for all claims arising from the use of the Sites or Services during any
calendar year shall be limited to the greater of (a) the amount of fees the
User has paid to Abarrot.com or our affiliates during the calendar year and (b)
the maximum amount permitted in the applicable law. The preceding sentence
shall not preclude the requirement by the User to prove actual damages. All
claims arising from the use of the Sites or Services must be filed within one
(1) year from the date the cause of action arose or such longer period as
prescribed under any applicable law governing this Term of Use..
8.9 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Abarrot.com has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
9.1 Under no circumstances shall Abarrot.com be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our 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.
10. Intellectual Property Rights
10.1 Abarrot.com is the sole owner or
lawful licensee of all the rights and interests in the Sites and the Site
Content. The Sites and Site Content embody trade secrets and other intellectual
property rights protected under worldwide copyright and other laws. All title,
ownership and intellectual property rights in the Sites and Site Content shall
remain with Abarrot.com, our affiliates or licensors of the Site Content, as
the case may be. All rights not otherwise claimed under the Terms or by
Alibaba.com are hereby reserved.
"ABARROT.COM", and related
icons and logos are registered trademarks or trademarks or service marks of Abarrot
Group Holding Limited, and “GOLD SUPPLIER”, "TRUSTPASS" and related
icons and logos are registered trademarks or trademarks or service marks of
Abarrot.com Limited, 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
10.3 Abarrot.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
11.1 All legal notices or demands to or
upon Abarrot.com shall be made in writing and sent to Abarrot.com personally,
by courier, certified mail, or facsimile to the following entity and address:
Alibaba.com Hong Kong Limited/Abarrot.com Singapore E-Commerce Private
Limited/Hangzhou Abarrot Advertising Co. Ltd (as the case maybe), 26/F Tower One, Times Square,1 Matheson
Street, Causeway Bay, Hong Kong, Attn: Legal Department. The
notices shall be effective when they are received by Abarrot.com in any of the
11.2 All legal notices or demands to or
upon a User shall be effective if either delivered personally, sent by courier,
certified mail, by facsimile or email to the last-known correspondence, fax or
email address provided by the User to Abarrot.com, or by posting such notice or
demand on an area of the Sites that is publicly accessible without a charge.
Notice to a User shall be deemed to be received by such User if and when.
a) Abarrot.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) immediately upon Abarrot.com posting such notice on an area of the Sites that is publicly accessible without charge.
11.3 You agree that all agreements, notices, demands, disclosures and other communications that Abarrot.com sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
12.1 Subject to any Additional
Agreements, the Terms constitute the entire agreement between you and Abarrot.com
with respect to and govern your use of the Sites and Services, superseding any
prior written or oral agreements in relation to the same subject matter herein.
12.2 Abarrot.com and you are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is
held to be invalid or unenforceable, such provision shall be deleted and the
remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of
12.5 Abarrot.com’s failure to enforce
any right or failure to act with respect to any breach by you under the Terms
will not constitute a waiver of that right nor a waiver of Abarrot.com’s right
to act with respect to subsequent or similar breaches.
12.6 Abarrot.com shall have the right to
assign the Terms (including all of our rights, titles, benefits, interests, and
obligations and duties in the Terms to any person or entity (including any
affiliates of Abarrot.com). You may not assign, in whole or part, the Terms to
any person or entity.
12.8 If you have any comments on the Services we provide to you, you may contact our customer service support service.
(Updated on 15 August, 2016)