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Supplementary Terms and Conditions – 1688.com Buyer Solution

These Supplementary Terms and Conditions for the 1688.com Buyer Solution (as defined below) (these “Supplementary Terms and Conditions“) supplement the Zyla Account Terms and Conditions governing the services provided by AUS Merchant Services, Inc. (“Zyla”) to you and your use of the Zyla Account services (the “Zyla Account Terms and Conditions“). Please read them carefully.

You agree that the Zyla Account Terms and Conditions will be supplemented as set out in these Supplementary Terms and Conditions with immediate effect.

1. SCOPE OF THESE SUPPLEMENTARY TERMS AND CONDITIONS

1.1. These Supplementary Terms and Conditions relate to the service provided by Zyla and/or its affiliates to you to enable you to pay for (or receive a refund related to) (1) goods that you purchase via the 1688 marketplace (“1688”) through a holder of an Alipay affiliate account (an “Agent”), whose account number you have provided to Zyla or its affiliates, and (2) any related transaction and/or service fees that may be due from you to 1688 (the “1688.com Buyer Solution“). For the avoidance of doubt, such Agent could constitute yourself, your affiliate, or an appointed third party.

1.2. These Supplementary Terms and Conditions supplement the Zyla Account Terms and Conditions. These Supplementary Terms and Conditions shall be deemed to form part of the Zyla Account Terms and Conditions. Accordingly, all references to “this Agreement” in the Zyla Account Terms and Conditions shall be construed as references to the Zyla Account Terms and Conditions as supplemented by these Supplementary Terms and Conditions. Subject to the terms of these Supplementary Terms and Conditions, the Zyla Account Terms and Conditions shall remain in full force and effect.

1.3. Capitalised words and phrases used in these Supplementary Terms and Conditions shall have the meaning given to them in the Zyla Account Terms and Conditions, unless otherwise defined in these Supplementary Terms and Conditions.

1.4. The 1688.com Buyer Solution is subject to the terms of the Zyla Account Terms and Conditions, as well as the terms of these Supplementary Terms and Conditions.

2. 1688.com Buyer Solution

2.1. If you are eligible for and have elected to receive the 1688.com Buyer Solution, you will be able to pay for (or receive a refund related to) (1) goods that you purchase via 1688 through an Agent whose account number you have provided to Zyla or its affiliates, and (2) any related transaction and/or service fees that may be due from you to 1688.

2.2. You authorize Zyla and its affiliates to process the transactions arranged by the Agent on your behalf on 1688 and to debit or credit your Zyla Account to pay for or receive a refund related to (1) goods that you purchase via 1688 through such Agent, and (2) any related transaction and/or service fees that may be due from you to 1688.

2.3. You request and authorise Zyla and its affiliates to receive payment instructions directly or indirectly from 1688 on your behalf (the “Transfer Instructions“), and to act on the Transfer Instructions received from 1688, including by transferring funds from your Zyla Account in accordance with such Transfer Instructions. You confirm that Zyla and its affiliates may deem such Transfer Instructions to be equivalent to a specific payment order provided by yourself, and you authorize and consent to Zyla and its affiliates transferring funds according to the Transfer Instructions. You acknowledge and agree that Zyla’s and its affiliates’ obligation to transfer funds is extinguished once Zyla or its affiliate(s) (as the case may be) effects the Transfer Instruction.

2.4. You understand and agree that Zyla and its affiliates will not be required to notify you upon receiving Transfer Instructions, nor will Zyla and its affiliates be required to verify with you the authenticity, accuracy and validity of Transfer Instructions, or whether they are in compliance with any agreement between 1688 and yourself.

2.5. Any disputes in connection with losses and/or liabilities, including any losses or liabilities incurred as a result of the Transfer Instructions being incorrect, should be resolved directly between you and 1688, without the involvement of Zyla.

2.6. In the event that you wish to cancel or amend any Transfer Instructions, please contact Zyla. Zyla may require you to provide additional information and documents, including evidence that 1688 has consented to such cancellation or amendment. If you fail to provide such requested information, Zyla may deny your request and continue to act on the original Transfer Instructions.

2.7. You authorize Zyla and its affiliates to provide applicable information to other participants involved in the processing of the 1688.com Buyer Solution.

2.8. You agree to pay any applicable service fees incurred in connection with the 1688.com Buyer Solution in respect of which Zyla and/or its affiliates shall inform you from time to time.

2.9. In connection with the 1688.com Buyer Solution, Zyla may request information or documentation from you, from time to time, and you agree to provide such information or documentation within a reasonable period from the date of such request. World First will not be liable for any loss, direct or indirect, incurred in connection with any failure by you to respond to its request(s) for information or documentation.

2.10. You will ensure that the Agent’s details, including its Alipay affiliate account number details, which you provide are correct and complete.

2.11. If you provide or confirm any details relating to the Agent that are incorrect, Zyla and/or its affiliates will not be liable for any loss or liabilities you incur in connection with such details.

2.12. If you provide any incorrect details relating to the Agent, and an error is made in connection with a payment, you may request that Zyla and its affiliates assist you in reclaiming the funds; however, Zyla and/or its affiliates may charge you an administration fee for doing so and cannot guarantee that the funds will be successfully reclaimed.

2.13. Making payments from your Zyla Account may be subject to per-transaction limits, which may be adjusted from time to time in Zyla’s sole discretion.

2.14. Zyla and/or its affiliates may decline or defer your request to make a payment and/or require you to provide additional documents to verify information such as identity, address, source of funds and/or reason for payment, before Zyla and/or its affiliates effect the requested payment. You agree to cooperate with Zyla and/or its affiliates in providing such documents and information.

2.15. You can only make a withdrawal or payment using your Zyla Account balance to the extent that you have enough balance to support such withdrawal or payment. You are not permitted to make a withdrawal or payment in excess of your then current Zyla Account balance.

2.16. In the event any withdrawal or payment from your Zyla Account is not successful and the funds revert back to Zyla and/or its affiliates, you authorize Zyla and/or its affiliates 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.

2.17. You shall provide Zyla with all relevant information for compliance by Zyla and its affiliates with applicable laws.

2.18. You are responsible for resolving any disputes between an Agent and yourself.

2.19. Zyla and its affiliates are not party to any agreement entered into between yourself and 1688 and the Zyla Account services are provided by Zyla solely for your benefit. You shall address all queries and resolve any disputes regarding any agreement between yourself and 1688, or the Transfer Instructions, with 1688 directly. You agree any disputes you have with 1688 shall be a matter solely between you and 1688. You acknowledge and agree that Zyla is not acting as agent on behalf of 1688.

3. MISCELLANEOUS

3.1. The provisions of these Supplementary 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 Supplementary Terms and Conditions.

3.2. A breach of these Supplementary Terms and Conditions will be deemed to be a breach of the Zyla Account Terms and Conditions.

3.3. Any failure by World First to exercise any of its rights under these Supplementary Terms and Conditions 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.

3.4. You consent to Zyla assigning its rights under these Supplementary Terms and Conditions (including all of its rights, titles, benefits, interests, and obligations and duties in these Supplementary Terms and Conditions) to an affiliate or successor in interest. You may not assign your rights under these Supplementary Terms and Conditions without our prior written consent. Zyla may delegate certain of its rights and responsibilities under these Supplementary Terms and Conditions to its affiliates, independent contractors or other third parties.

3.5. Nothing in these Supplementary Terms and Conditions confers or is intended to confer a benefit enforceable by a person who is not you or Zyla, save that where any obligations are owed by you to an affiliate of Zyla, such affiliate may enforce the terms of these Supplementary Terms and Conditions against you.

3.6. In the event of a conflict between these Supplementary Terms and Conditions and the Zyla Account Terms and Conditions, the provision requiring a higher standard shall apply.

3.7. Nothing in these Supplementary Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between you, Zyla or any of the other parties referred to herein, constitute any party the agent of another party referred to herein, or authorise any party referred to herein to make or enter into any commitments for or on behalf of any other party referred to herein except as expressly provided in these Supplementary Terms and Conditions.

3.8. These Supplementary Terms and Conditions shall be governed by and construed in accordance with US law. Zyla and you agree to irrevocably submit to the exclusive jurisdiction of the US courts.