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Supplemental Terms and Conditions for Alibaba Platform Service
1. These Supplemental Terms and Conditions
1.1 These supplemental terms and conditions (these “Supplemental Terms and Conditions”) for the Alibaba Payment Service (as defined below) supplement, and must be read together with, the Zyla Terms and Conditions (the “Terms and Conditions”) governing the Zyla service provided to you by AUS Merchant Services, Inc. (“Zyla”).
1.2 AUS Merchant Services, Inc. is a licensed money transmitter and a registered Money Services Business with FinCEN. You can check our state licensure by visiting https://global.alipay.com/doc/platform/qd977g.
1.3 You can obtain a copy of the latest version of these Supplemental Terms and Conditions by contacting us in accordance with Section 11 of the Terms and Conditions or by downloading them from https://zyla.com/disclaimer-policies/terms-and-conditions/alibaba-platform-supplementary-terms-and-conditions/.
1.4 By clicking “I Accept” (or similar), you confirm that (a) you accept and agree to these Supplemental Terms and Conditions in their current form, as published on the Zyla website, and (b) they shall immediately be effective upon your acceptance and agreement.
1.5 Capitalised terms used in these Supplemental Terms and Conditions shall have the meaning given to them in the Terms and Conditions unless otherwise defined herein.
1.6 Any breach of these Supplemental Terms and Conditions will constitute a breach of the Terms and Conditions.
2. The Alibaba Payment Service
The Terms and Conditions, as supplemented by these Supplemental Terms and Conditions, govern your use of the service you have requested of Zyla to enable you to use your Zyla Account balance (the “Alibaba Payment Service”) in light of the Alibaba Platform Terms (as defined below) that separately govern your election to sell on or be a member of any Alibaba Platform (as defined below).
2.1 If you are a registered member to sell on one or more of the e-commerce platforms provided by Alibaba Group (including www.alitrip.com, http://www.alimama.com, http://www.aliexpress.com, http://www.alibaba.com, http://global.cainiao.com or other platforms operated by Alibaba Group (“Alibaba Platform(s)”), during your registration process on the relevant Alibaba Platform, you have agreed to and acknowledged the terms and conditions governing the Alibaba Platform, including but not limited to AliExpress.com Terms of Use, AliExpress.com Free Membership Agreement, AliExpress Privacy Policy, Transaction Services Agreement, and Alibaba.com Supplemental Services Agreement (the “Alibaba Platform Terms”) which govern the transaction services related to the purchase and sale of products and services between you and buyers on the Alibaba Platform.
3. Business Data vs. Personal Data
3.1 You understand and acknowledge that, in order to complete the Alibaba Payment Service, to prevent, detect, and investigate crimes and other malicious activity and/or meet any regulatory requirements to provide you with the Alibaba Payment Service, Zyla will provide certain business related information (together, the “Business Information”) to the Alibaba Platforms, Zyla’s Affiliates, and certain approved suppliers based in China and/or Singapore, from time to time, including but not limited to Alibaba.com Singapore E-Commerce Private Limited, Alipay.com Co., Ltd, and Alipay Singapore E-Commerce Private Limited and other bank partners and suppliers. The definition of bank partners and suppliers is set forth in Section 5 of the Zyla Privacy Policy.
3.2 The Business Information mentioned above may include business information that you provided during the onboarding process, such as, but not limited to, your corporate name, registered office and address, registration number, corporate entity contact details, related supporting documents, and your Zyla Account and transactions information, Please note that, to protect your personal data, Zyla will not share details of your representatives and beneficial owners (including but not limited to their personal name, address, date of birth, place of birth, nationality and ID number and related personal information to 3rd parties), unless you provide us a consent, or law enforcement agencies, insurers, government and regulatory or supervisory authorities or any other organizations pursuant to which Zyla, or any of our Affiliates, bank partners or suppliers, are obligated to make disclosure under applicable laws, regulations, code of conduct, industry practices or commercial arrangements.
3.3 Nothing in these Supplemental Terms and Conditions is intended to alter the disclosures and information you have received in the Zyla Privacy Policy, which remains in full force with respect to the services you receive from Zyla with respect to your transactions relating to the Alibaba Platform Service.
4. Miscellaneous
4.1 Nothing in these Supplemental Terms and Conditions confers or is intended to confer a benefit enforceable by a person who is not you or Zyla.
4.2 The provisions of these Supplemental Terms and Conditions are severable and the invalidity or unenforceability of any provision herein shall not affect the validity or enforceability of any other part of these Supplemental Terms and Conditions.
4.3 You consent to us assigning our rights under these Supplemental Terms and Conditions to an affiliate or successor pursuant to a merger, consolidation or sale of a substantial portion of our business. You may not assign your rights under these Supplemental Terms and Conditions without our prior written consent. In the event that we assign our rights in accordance with this clause, you agree to the transfer of the funds held on your Zyla to the assignee. These Supplemental Terms and Conditions inure to the benefit of Zyla’s and your respective successors and assigns.
