Quick Payment Service Agreement
1.1 This Quick Payment Service Agreement(hereinafter referred to as this “Agreement”) is a valid contractentered into between Alipay.com Co., Ltd. (hereinafter referred to as “Alipay”)and Alipay user (hereinafter referred to as the “User” or “You”)in respect of the Quick Payment Service (hereinafter referred to as the “Service”).Please read this Agreement carefully (especially the bold text). If you have any questions about the content of this Agreement or the prompt message on the page, please do not proceed to the next step. You can consult us at Alipay’scustomer service number 95188, where our staff can explain to you accordingly.If you click on the web page to confirm your acceptance of this Agreement or choose to accept it in any other way recognized by us, you will be deemed to have entered into this Agreement with Alipay and agreed to accept all theprovisions hereof.
1.2In case of any change to this Agreement, we will announce it in advance by publishingan announcement on our website, and the effective date of the revised agreement shall be the date as specified in the announcement. If you do not agree with the revised agreement, you have the right to cease using the relevant service; if the parties reach an agreement through negotiation, the relevant service and the corresponding agreement may be varied separately.
2.Rights and Obligations of the Parties
2.1 You shall ensure that you are the bank cardholder who uses the Service and can use the bank card legally and validlywithout infringing upon the legitimate rights and interests of any third party.Otherwise, you shall indemnify and be legally liable for losses of Alipay andthe cardholder arising thereof, such as: ceasing payment of the balance inyour Alipay account, or terminating or suspending the provision of Alipayservices to you.
2.2You shall ensure that the mobile phone number provided for activating theService is owned by yourself. For this reason, you understand and agree that Alipay will use third-party channels to verify the authenticity and validity of the mobile phone number provided by you.
2.3You agree to link the bank card used to activate the Service with the Alipay account you log in this time, so as to facilitate your payment in the future.At the same time, given the needs for preventing risks and safeguarding your capital security, you understand that Alipay may restrict the aforementioned card linking behavior.
2.4You agree that Alipay has the right, in its sole judgment, to take appropriate measures against any Alipay account suspected of fraud or controlled by othersfor the purpose of committing fraud, such as ceasing payment of the balance inyour Alipay account, terminating or suspending the provision of Alipay servicesto you, and disposing of capital suspected of fraud, etc.
2.5 You shall properly keep all the information and equipment related to the bank card and the Alipay account, including the bank card, card number, password, mobile phone number registered with the card issuing bank, Alipay account number, password, digital certificate, USB key, payment token, mobile phone dynamic password, mobilephone number bound with Alipay account, and verification code sent to you by the card issuing bank and/or Alipay. If you lose or leak the foregoinginformation and/or equipment, you shall promptly notify the card issuing bankand/or Alipay to reduce the possible loss. No matter whether you have notifiedthe card issuing bank and/or Alipay or not, you shall be solely liable for the losses caused by you.
2.6 When using the Service, you shall carefully confirm the transaction information, including but not limited to commodity name, quantity, amount, etc., and shall, according to Alipay’s businessprocess, issue instructions that conform to the Alipay Service Agreement. You acknowledge and agree that: the instructions sent by you cannot be withdrawn orrevoked. Once Alipay, according to your instruction, authorizes the bank or athird party to deduct capital from the bank card and remit the sum to the payee, you shall not require Alipay to make a refund or assume any other liability on the ground that the transaction is against your intention or otherwise.
2.7You shall be responsible for the authenticity and validity of the instructions issued during the use of the Service; and the risks incurred by Alipay in acting upon your instructions shall be borne by you.
2.8You acknowledge that the usage record data and transaction amount data of the Alipay account recorded by the Alipay system platform is conclusive.
2.9You shall also comply with the requirements of the relevant business rules ofthe bank card issuing bank when using the Service. It is recommended that you pay attention to the restrictions of the card issuing bank on the maximumamount of individual payment and the maximum amount of daily and monthly cumulative payments. In case of your being unable to use the Service due topayment failure resulting from the foregoing restrictions, please be informed that Alipay will be exempted from liability.
(1) You shall ensure that the information you provide when using the Service is true, accurate, complete and effective; Alipay will provide you with the corresponding services according to the relevant information you set up, and if the information you set is wrong, you shall be liable for the corresponding consequences and losses.
(2)In order to improve the service experience and efficiency, we may cooperate with the card issuing bank to provide you with different ways of activating the Service. If we have cooperated with the card issuing bank to provide corresponding services, you may choose any of the following at your own discretion:
(a)You may operate on the service page of Alipay and manually add the informationof the bank card under your own name. In order to prevent risks and ensure your capital security, you agree that Alipay may conduct cross-validation with thecard issuing bank using the information set by you, such as your name, IDnumber, bank card information (including bank card number and valid period) and the registered mobile number.
(b)You may operate on the service page of Alipay and authorize us to send thereal-name information corresponding to your Alipay account to the card issuing bank specified by you, so that you can view the list of bank cards under your name that can be used to activate the Service on the service page of the card issuing bank, for your choice and confirmation. Some card issuing bank may require youto verify the mobile number registered with the bank before you can check the list of bank cards, the details of which shall be subject to the specific business rules of the card issuing bank. You agree that the card issuing bank will send to us the bank card information you have selected and confirmed forus to activate the Service for you. To the extent necessary to complete the transaction risk SMS verification, you agree that the card issuing bank may simultaneously provide us with the mobile phone number you have registered with the bank.
(c)You may operate on the service page of the card issuing bank, and authorize itto send to Alipay the bank card information you have selected and confirmed, as well as the corresponding real-name information and the mobile number registered with the bank, while Alipay will match the information provided by the card issuing bank with the relevant Alipay account information and identify the corresponding Alipay account. After successful identification, we will send an invitation for service activation to the corresponding Alipay account viathe Alipay client, and will activate the Service for you after your confirmation.
(d)You may operate on the service page of the card issuing bank and authorize itto send to Alipay your real-name information and your mobile number registered with the bank, so that Alipay can match the information provided by the card issuing bank with the relevant Alipay account information to identify the Alipay account under your name that can be used for the Service. You agree to check and read the foregoing Alipay account list on the service page of the card issuing bank for your choice. To protect your personal information, we will desensitize your Alipay account login name. You agree that the card issuing bank will send to us the bank card information you have selected and confirmed as well as the Alipay account information, for us to activate the Service foryou. In order to safeguard your legitimate rights and interests, protect your fund security and maintain the safe and stable operation of the Service, the card issuing bank will, to the extent necessary, provide us with the equipment identification information, equipment status and environmental information when you activate the Service, so as to complete the security risk control verfication.
(3)In order to complete payment in a timelyand accurate manner and meet anti-money laundering and other regulatory requirements, Alipay needs to record the information of the transactions conducted by you using the Service. At the same time, you can follow the page prompts to query your bank card balance or make credit card repayment via Alipay. During the period when you use the Service and after the termination of the Service, Alipay shall retain the relevant information provided or newly generated by you during the period when you use the Service, for the period required by relevant laws,regulations or regulators.
2.11In case of any of the following circumstances, Alipay shall have the right to terminate your use of relevant Alipay services immediately without incurringany liability: (1) you use the Service for any illegal purpose; (2) you violatethe provisions hereof; (3) you violate the terms, agreements, rules,announcements or other relevant regulations of the websites of Alipay and/orits affiliates and/or other companies affiliated to Alibaba Group, or any agreement between you and any of the foregoing entities, resulting in any such entity ceasing to provide services to you; (4) Alipay believes that there are risks in providing the Service to you; (5) your bank card is invalid, expired orcancelled.
2.12In case of any loss of the capital in the bank card through the Service, if you do not violate the provisions of the Alipay Service Agreement or this Agreementand such loss is unattributable to you, you may request Alipay to indemnify you against such loss, to the extent that you have not benefited therefrom. You shall inform Alipay promptly after becoming aware of the loss of the capitaland submit the relevant application materials and supporting documents as required. Alipay will handle your application through self-indemnification or indemnification by the insurance company. The specific handling method will be decided by Alipay at its own discretion, and Alipay undertakes that your legitimate interests will not be compromised thereby. If Alipay chooses the method of indemnification by insurance, you agree to authorize Alipay to claim indemnification from the insurance company for you, and you undertake that the fact of capital loss is real and the application materials of insurance indemnification are true and valid. You have fully known and realized that applying for insurance indemnification based on false information is a criminal offence, and both the insurance company and Alipay have the right to apply to the competent national authorities for criminal investigation.
2.13No matter how Alipay chooses to ensure your capital security in using the Service, you agree and acknowledge that the final indemnification by Alipay or indemnificationby insurance does not mean that the foregoing capital loss shall be attributedto Alipay or that Alipay shall be liable for any other liabilities therefor.You agree that, at the same time of compensating you, Alipay shall immediatelyacquire all claims and other rights that you may or do have against a third partyarising from the foregoing capital loss, including but not limited to the rightto recover the said claims from such third party. Moreover, you will not assertany right against the third party in respect of the foregoing claims that havebeen transferred to Alipay, nor will you claim any right against Alipay inrespect of the capital loss.
2.14If you have recovered the capital loss from other channels, or there is new evidence proving that you are suspected of fraud or you shall be otherwise heldliable, you shall notify Alipay as soon as possible and refund the amount of compensation provided by Alipay or the insurance company, otherwise Alipay orthe insurance company shall have the right to recover the amount from you by judicial and other means.
3.1The conclusion, entry into force, performance and interpretation of this Agreement shall be governed by the laws of the People’s Republic of China (for the purpose of this Agreement only and for the avoidance of doubt, excluding the laws of the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan). Any dispute arising between the parties during the performance of this Agreement shall be resolved through negotiation, failingwhich, either party may bring a lawsuit before the people’s court of competent jurisdiction in the place where the defendant is domiciled.
3.2This Agreement constitutes an integral part of the Alipay Service Agreement. In case of any inconsistency between this Agreement and the Alipay Service Agreement, this Agreement shall prevail; matters not agreed herein shall be supplemented by the Alipay Service Agreement and relevant supporting rules published by Alipay from time to time.
3.3The Chinese version of this Agreement shall prevail if there is any inconsistency between the English version and the Chinese version of thisAgreement.