Valid Notice. (I) The Merchant shall, at the time of entering into Tmall, provide authentic and valid contact information and, in case of any change thereto, have the obligation to update relevant information in a timely manner, and remain contactable. (II) The Merchant’s member account (including subaccounts) generated when the Merchant registers with Tmall for logging on to the Tmall platform to receive and send direct messages, system messages and Alitalk instant messages, shall also serve as the Merchant’s valid contact information. (III) Notices sent by the Merchant to Tmall hereunder shall be made in writing, and the delivery thereof shall be subject to receipt by Tmall Customer Satisfaction Department (attn.: Tmall Customer Satisfaction Department, add.: Post Office ▇▇. ▇, ▇▇▇▇▇ ▇▇▇▇ Road, Yuhang District, Hangzhou, Zhejiang Province). Notices sent by Tmall according to the valid contact information provided by the Merchant for Tmall shall be deemed delivered, in case of written notice on paper carrier, on the fifth natural day after mailing to the correspondence address provided by the Merchant or, in case of written notice sent to the Merchant by electronic means, including but not limited to announcements on Tmall platform, announcements on Taobao platform, short messages sent to the mobile number provided by the Merchant, emails sent to the email address provided by the Merchant, and Alitalk messages, system messages and direct messages sent to the Merchant’s account, after being sent successfully. (IV) With respect to any dispute arising from its engagement in business operations on Tmall, the Merchant agrees that judicial authorities (including but not limited to people’s courts) may serve legal instruments (including litigation documents) to the Merchant by means of short message, email, Alitalk, or other modern communication mode, or mailing. The mobile number, email box, Alitalk account, and other contact information designated by the Merchant to receive legal instruments shall be the mobile number and email box provided by the Merchant when registering with and updating information on Tmall and the Alitalk account generated when the Merchant registers with Tmall. Legal instruments are deemed served after being sent by judicial authorities by the aforesaid contact means. The mailing address designated by the Merchant shall be the Merchant’s legal correspondence address, or any other valid correspondence address provided by the Merchant. The Merchant agrees that judicial authorities may serve legal instruments to the Merchant by using more than one or many of the above delivery methods. Where multiple delivery methods are used by a judicial authority to serve any legal instrument to the Merchant, the legal instrument shall be deemed served when it first reaches the Merchant, no matter by what means. The aforesaid delivery methods acknowledged by the Merchant apply to all stages of judicial proceedings, including without limitation first instance, second instance, retrial, enforcement and supervision. The Merchant warrants that the contact information provided by it is accurate and valid. In case of any alteration thereto, the Merchant shall notify Tmall and/or judicial authorities of the altered valid contact information in a timely manner. Where the contact information provided is inaccurate, or the altered address is not given in a timely manner, as a result of which any legal instrument cannot be served or is not served on time, the Merchant shall bear legal consequences that may arise therefrom.
Appears in 3 contracts
Sources: Service Agreement, Tmall Service Agreement (Fit Boxx Holdings LTD), Tmall Service Agreement (Fit Boxx Holdings LTD)