“[Cashback Referral Campaign]” Rules, Terms & Conditions (the “Rules”)

These Terms & Conditions apply to the “[Cashback Referral Campaign]” (the “Promotion”) being run on the AliExpress Platform (defined below under Clause 4).

1. Promotion and Prizes. During the Promotion Period (see Clause 2 below), Eligible Members (as defined under Clause 5) who satisfy the requirements under Clause 6 shall be entitled to the Offers (as defined below).

2. Promotion Period. The Promotion begins on [15^th January 2021] [09:00:00] (Pacific Standard Time) and ends on [31^st December 2022] [23:59:59] (Pacific Standard Time). [The winners will be determined by [15^th January 2023] 23:59:59 (Pacific Standard Time)] (the “Promotion Period”).

3. Promoter. Alibaba.com Singapore E-Commerce Private Limited, a company incorporated in Singapore with registered office address at 8 Shenton Way, #45-01 AXA Tower, Singapore 068811 (the “Promoter”).

4. Availability. This Promotion is available on [AliExpress iPhone and Android Apps, as well as the Android Pads, iPads and/or the mobile site of AliExpress] (all available portals, the “AliExpress Platform”).

5. Eligible Members. To participate in the Promotion, you must (i) be a registered member of AliExpress who have logged in on to any AliExpress Platform on or after 1 January 2020 and have placed an order that is not under any refund or return process, and (ii) have registered and activated an Alipay Wallet (as defined below) if you are users of Spain, France Germany, Italy, the Netherlands or Portugal, except that employees, officers and directors of the Promoter and their respective immediate family members, affiliated and subsidiary companies, as well as any company involved in the Promotion, together with their respective agents, are not eligible to participate in the Promotion. The Promotion is not available in Armenia, The Republic of Azerbaijan, the Republic of Belarus, Georgia, Kyrgyzstan, Kazakhstan, Tajikistan, Turkmenistan, Uzbekistan, Moldova, Russia, India or in any other jurisdiction where the Promotion is not allowed or is subject to specific requirements (the "Non-Participating Countries"). The user confirms that the user is allowed to participate in the Promotion and that the Promotion as designed is valid and does not require specific requirements in the jurisdiction the user is based or accessing the Promotion from.

6. Alipay Wallet. An “Alipay Wallet” is an account which holds electronic money and provides e-wallet functions which is operated by Alipay Europe and found within the AliExpress app/website. The terms and conditions of the Alipay Wallet can be found at https://intl.alipay.com/docs/ac/Platform/bnt0sw.

Alipay Europe. Alipay (Europe) Limited S.A. (registered address at 9, rue du Laboratoire, L-1911 Luxembourg, Grand Duchy of Luxembourg).

For the avoidance of doubt, the Promoter does not issue or operate, and is not in any way responsible for, a user’s Alipay Wallet.

7. Promotion-specific Rules.

1. In order to participate in the Promotion:

1. An Eligible Member has to place or have placed:

1. An order for physical goods that has been placed and paid during the Promotion Period;
2. An order for physical goods placed, paid for and confirmed during 1 January 2020 to 31 December 2020,

(A) and B) together, an "Eligible Order")

2. After placing an Eligible Order, Eligible Members may access the designated venue for the Promotion via the landing page of the relevant AliExpress Platform (e.g. via "My Account", "Order Detail") ("Venue") and choose any Eligible Order to initiate the cashback activity;

3. Once the cashback activity is initiated, a link will be provided by the Promoter for this purpose in connection with the Promotion (the "Invite Link");

4. The Eligible Member may share the Invite Link to others (the "Invitees") who is a New User (i.e. an individual who may or may not be a registered member of AliExpress and has not previously placed any order on AliExpress) subject to the maximum number of Invitees as the Promoter may specify in the Venue; and

5. The Invitee(s) having successfully placed and paid for an order on AliExpress via the Invite Link within fifteen (15) days of initiating the cashback activity for that Eligible Order.

2. An Eligible Member may only initiate the cashback activity against a maximum of ten (10) unique Eligible Orders per twenty-four (24) hours, and a maximum of twenty (20) unique Eligible Orders per month.

3. If an Invitee receives more than one Invite Link from one or more Eligible Members, only the first Invite Link the Invitee accessed will be valid and counted towards completion of task at paragraph 7 a) v) in relation to this Promotion.

8. Offers

1. After all the steps at paragraph 7 a) above are completed, the Eligible Member may be entitled to an Offer (as defined below) of a specified value or amount as the Promoter may in its sole discretion with reference to the amount of the Eligible Order, provided that an Eligible Member may only receive Offer(s) amounting to a maximum of Euro 20 (for Alipay Countries) or USD 20 (for non-Alipay Countries) (or its equivalent in its local currency) per any single Eligible Order.

2. The types of Offer an Eligible Member may receive depends on the shipping address of the Eligible Order and the Eligible Member's “ship to” setting of his AliExpress account or App:

1. Users in Spain, France, Italy, Germany, the Netherlands and Portugal may receive a top-up to their Alipay Wallet Balance or an Alipay Bonus;
2. Users in all other countries may receive one or more AliExpress Coupon(s).

(i), ii) and iii) together, the "Offers").

Alipay Wallet Balance. "Alipay Wallet Balance" is the funds maintained by a user in his/her Alipay Wallet and can be applied towards the purchase of goods on AliExpress or be withdrawn. The use of any Alipay Wallet Balance is subject to the terms and conditions of the Alipay Wallet. The Eligible Member should allow 1 to 15 calendar days for the Alipay Balance to be credited to the relevant Alipay Wallet.

3. Alipay Bonus. "Alipay Bonus" is issued by Alipay Europe and can be applied towards the purchase of goods on AliExpress. For the avoidance of doubt, Bonus cannot be withdrawn to a user’s account. The Eligible Member should

The use of any Alipay Bonus is subject to its terms and conditions at [https://sale.aliexpress.com/__mobile/bonusintruduction_m.htm]. In particular:

1. Bonus will be valid for 7 days (from the date the Bonus is received and can be used by the user) and shall expire and cannot be used after the expiry of that 7-day period.
2. Alipay Bonus is non-exchangeable for cash and non-transferable. For goods purchased using Alipay Bonus which are returned or refunded, the amount of Alipay Bonus will not be returned and such Alipay Bonus will not be re-issued.

4. AliExpress Coupon

1. Coupon Usage Period: All AliExpress Coupons collected by the Eligible Member through the Promotion shall only be valid for use for 15 days from the day such AliExpress Coupon is available for use.
2. The AliExpress Coupons are subject to its terms and conditions as set out in paragraph 10 of these Rules, and is further subject to any minimum spending requirement as specified on the respective AliExpress Coupons.

5. The following circumstances may lead to a unsuccessful claim of the Offer or forfeiture of Offers by the Promoter; (i) a same account/terminal/bank card has been bound to AliExpress and/or Alipay (if applicable) prior to the Promotion, (ii) the bank card or any other information locates the Eligible Member outside the EU when receiving the Alipay Wallet Balance or Alipay Bonus, (iii) the Eligible Member's Invitee initiates a refund/return process suspected of fraud; (iv) any other behavior suspected of fraud and/or abuse as the Promoter may in its sole discretion determine.

6. If an Eligible Member returns and/or requests a refund on products purchased using any Offers, the value of the Offers for the refunded/returned order will be forfeited and no new Offers will be issued regardless of whether it is within the validity period.

7. The types and amounts of Offers are determined by the Eligible Member's countries. The value of the Offers and/or other information displayed in the Promotion is calculated and shown on the basis of Euro or US dollars and may be converted to local currency depending on the Eligible Member's location, the “ship to”, “currency” and/or “language” setting of your AliExpress account or App, which may cause small denomination differences affected by different time zones and conversion of exchange rate.

8. The Promoter has the right to issue alternative rewards (e.g. bundled coupons of different face value and usage terms), cancel the participation qualification of a user, or forfeit any reward, coupon and/or bonus points of any user to its sole discretion if a user participates in the activity adopting any improper means or fraudulent acts. Improper means and fraudulent acts include but are not limited to: using illegal tools to share, download, install, register, log in to multiple accounts and other improper means.

9. General Rules.

1. By participating in this Promotion, you agree to be bound by these Rules.

2. Any fraud and/or abuse of the Offers awarded/received under the Promotion by you (as determined by the Promoter at its sole discretion) will result in forfeiture of your eligibility to the Offers and/or cancellation of all or part of your account(s) with the Promoter. The Promoter reserves the right to deduct the value of any Offers awarded inappropriately to you directly from your account(s) with the Promoter without prior notice and/or take any legal action in such instances to recover any outstanding amounts.

3. In the event that the Promotion is ceased or suspended by the relevant authorities or due to serious network attack or system fault, technical restrictions, and/or change of local laws, regulations and policies, the Promotion may be suspended and/or terminated either in part or in all, and/or for users in one or more jurisdictions. Such situation shall constitute a force majeure event and the Promoter shall not be liable for any damages or claims that arise out of the event.

4. The Promoter is not responsible for any late, lost, delayed, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or otherwise.

5. In the event that the Promotion becomes inoperable due to any computer network related reasons, you agree that the Promoter shall not be held liable for any damages.

6. Time and validity of any transactions and/or your eligibility to the Offers shall be determined by the Promoter at its sole discretion based on the Promoter’s record. If there is any discrepancy between the record of transaction held by you and that held by the Promoter, the Promoter’s record shall be conclusive and binding on you.

7. The Promoter reserves the right to amend these Rules as well as to vary or terminate any of the Offers without prior notice. In the event of disputes, the decision of the Promoter shall be final and binding.

8. The Promoter reserves the right, at its absolute discretion, to cancel or revoke your right to participate in a Promotion, use or benefit from any Offers upon discovery of your violation of these Rules or your dishonest, malicious, fraudulent, unlawful or, in the opinion of the Promoter, inappropriate acts in the context of your participation in any Promotion.

1. You guarantee that your participation in the Promotion, as well as the posts submitted, do not violate any rights of third parties and are the object of independent creativity. The content of the posts should not contain offensive language, rude words or other expressions of an obscene nature.

10. You understand that the Promotor shall process your personal data in accordance with the terms of the Privacy Notice in the Annex.
11. By accepting to participate in the Promotion and/or to receive the Offer, you assume any expenses in which you may incur, except for those included in the relevant Promotion, as well as any liability arising from the picking up and use of the Offer. In addition, you shall be responsible for any taxes arising or expenses not specifically mentioned in these Rules. You acknowledge that the Promoter shall not be responsible for any costs (including but not limited to delivery, inspection, taxes and/or transaction costs) in relation to or arising from receiving of or using the Offer.

10. AliExpress Coupons Additional Terms and Conditions. If you receive AliExpress Coupons as Offers, terms and conditions under this paragraph 8 shall also apply.

1. Your account on AliExpress will be credited with the Offer upon you being offered to receive the Offer and your taking of that Offer.

2. You understand and agree that the amount of AliExpress Coupons (if applicable) are calculated on the basis of Euro or US dollars and may be converted to local currency on the Promotion page. You further understand and agree that due to time difference and the fluctuation of currency conversion rate, amount of the final coupon you received may be inconsistent with the amount displayed on Promotion page.

3. All AliExpress Coupons collected by the Eligible Member through the Promotion shall only be valid for use during the relevant usage period stipulated in the Promotion-specific rules under Clause 6 (“Coupon Usage Period”).

4. In the case of AliExpress Coupons as Offers:

i.     AliExpress Coupons that remain unused after the Coupon Usage Period will lapse and cannot be refunded or exchanged for anything; and

ii.     AliExpress Coupons may not be used for certain regions and/or products and/or shipping purposes as may be decided by AliExpress.com from time to time.

5. Use of any AliExpress Coupons is further subject to the AliExpress Coupons terms and conditions: https://helppage.aliexpress.com/buyercenter/questionAnswer.htm?isRouter=0&viewKey=1&id=20060642&categoryIds=9205400&lang=ru.

11. Conflict of Terms and Conditions.

1. In case of any discrepancy in the content between the English and other non-English language versions of these Rules, the English version shall prevail.
2. In the event that any of the terms under these Rules conflict with rules and/or any such related information displayed elsewhere on AliExpress.com, the terms under these Rules shall prevail.

12. Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, In no event will the promoter be liable to YOU for any direct, INDIRECT, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in thIS PROMOTION, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not promoter HAs been advised of the possibility of such loss or damage.

13. Disputes. You acknowledge and agree that the Promoter or any of its affiliates shall not be responsible, and shall have no liability to you or anyone else for any dispute or claim that arises out of your participation in the Promotion.

14. Governing Law. You agree that this Promotion is governed, interpreted and enforced by the laws of Hong Kong without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Promotion must be brought in a court of competent jurisdiction in Hong Kong.

ANNEX – PRIVACY NOTICE

This Privacy Notice applies to [Cashback Referral Campaign] and sets out how AliExpress will collect and use the personal data of participants for the duration of this Promotion.

If a participant has any requests, questions or concerns about the use of personal data or this Privacy Notice, please contact our Data Protection Officer at: DataProtection.AE@aliexpress.com.

1. DATA WE COLLECT

For the purposes of the Promotion, AliExpress will collect the following types of personal data from participants:

• Name (first and/or last)
• Username on [AliExpress/social network ______]
• [Publicly available [image(s)/video(s)] of]/[Image(s)/video(s)/other content] provided by] the participant on [AliExpress/social network__]
• City of residence

2. PURPOSE AND BASIS FOR COLLECTING DATA

AliExpess will collect this data for the purpose of awarding the Offers to you. Data will be collected and used on the basis of AliExpress’ legitimate interest to serve as platform through which third parties may offer products and services to consumers, including via special offers and promotional activities. As stated in section D below, you have the right to object to this basis for processing your personal data.

3. SHARING OF DATA

AliExpress will only share your personal data with the third-party marketing firms who will be responsible for the direct realization of this Promotion and who are under appropriate contractual obligations to protect the personal data entrusted to them. AliExpress may also share this data internally as necessary for the purposes of this Promotion.

4. STORAGE AND DELETION OF DATA

AliExpress will only store participants’ personal data for as long as necessary to fulfill the purposes of this Promotion, after which time AliExpress will delete this data.

5. RIGHTS CONCERNING DATA

Participants in the Promotion have rights concerning their data, including the right to access, rectify or erase their personal data, as well as the right to object to or restrict the processing of their personal data. If a participant objects to the processing of his personal data, or otherwise requests restriction or deletion, then the participant will no longer be able to participate in the Promotion. Participants also have the right to lodge a complaint about the processing of their personal data with the Supervisory Authority.

6. INTERNATIONAL TRANSFERS OF DATA

AliExpress may transfer participants’ personal data to countries outside of the European Economic Area (“EEA”), including to countries that may not provide the same level of data protection as in a participant’s home country. In such cases, AliExpress has taken appropriate steps to ensure that the recipients of personal data are bound to duties of confidentiality and appropriate contractual safeguards to ensure personal data will remain protected in accordance with this Privacy Notice – including, where applicable, standard contractual clauses. A copy of those clauses can be obtained by contacting us through the means noted above.